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HomeMy WebLinkAboutRES 1996 318 0207RESOLUTION NO. PC -96 -318 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING APPROVAL OF GENERAL PLAN AMENDMENT NO. 94 -1, ZONE CHANGE NO. 94 -11 VESTING TENTATIVE MAP NO. 4928, RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1, AND CONDITIONAL USE PERMIT NO. 94 -1, ON THE APPLICATION OF BOLLINGER DEVELOPMENT CORPORATION WHEREAS, at a duly noticed public hearing on December 19, 1995, and continued public hearings on January 22 and January 29, 1996, the Planning Commission considered the application filed by Bollinger Development Corporation for the Moorpark Country Club Estates Project, consisting of General Plan Amendment No. 94 -1, Zone Change No. 94 -1, Vesting Tentative Tract Map No. 4928, Residential Planned Development (RPD) Permit No. 94 -1, and Conditional Use Permit (CUP) No. 94 -1 for a 655 -acre site located approximately 2,700 feet south of Broadway , with frontage on both Walnut Canyon Road (State Route 23) to the east and Grimes Canyon Road to the west (Assessor Parcel Nos: 500 - 240 -075, 500 - 230 -065, 500 - 230 -125, 500 - 230 -015, 500 - 230 -135, 500 - 230 -095, 500 - 230 -115, 500 - 230 -075, 500 - 260 -015, 500 - 250 -115, 500 - 220 -075, 500 - 430 -015, 500 - 430 -025, 500 - 430 -035, 500 - 430 -045, 500 - 430 -055, 500 - 430 -065, 500 - 430 -075, 500 - 430 -085, 500 - 430 -095, 500 - 440 -015, 500 - 440 -025, 500 - 440 -035, 500 - 440 -045, 500 - 440 -055, 500 - 440 -065, 500 - 440 -075, 500 - 440 -085, 500 - 440 -095, 500 - 440 -105, 500 - 440 -115, 500 - 440 -125, 500 - 440 -135, 500 - 440 -145, 500 - 440 -155, 500 - 440 -165, 500 - 440 -175, 500 - 440 -185); and WHEREAS, at its meetings of December 19, 1995, and January 22 and 29, 1996, the Planning Commission took testimony from all those wishing to testify, closed the public hearing on January 29, and reached its decision on the matter; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Based upon the project information presented to the Planning Commission, including but not limited to, the Final Environmental Impact Report (EIR) and technical appendices, staff reports, and staff and public testimony, the Planning Commission hereby makes the following findings: Resolution No. PC -96 -318 Page 2 CEQA Findings 1. The Final EIR for the Moorpark Country Club Estates Project reflects the independent judgment of the City of Moorpark, as lead agency. 2. The Final EIR for the Moorpark Country Club Estates Project has been completed in compliance with CEQA (Division 13 of the Public Resources Code of the State of California) and the City's CEQA Procedures. 3. The Planning Commission has received and considered the information contained in the Final EIR prior to making any recommendation decision for the proposed Moorpark Country Club Estates Project and has found that the Final EIR adequately addresses the environmental effects of the proposed project. Subdivision Map Act Findings The Planning Commission finds that the Tentative Vesting Map, with imposition of the attached conditions of approval, meets the requirements of the Government Code Sections 66412.3, 66473.1, 66473.5, 66474, 66474.6, and 66478.1 et sea, and the City's Subdivision Ordinance, as follows: 1. The proposed Vesting Tentative Map is consistent with the intent and provisions of the City's General Plan. 2. The design and improvements of the proposed subdivision are consistent with the General Plan. 3. The project site is physically suitable for the type of development proposed. 4. The project site is physically suitable for the proposed density of development. 5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, with incorporation of Final EIR mitigation measures. (Adoption of a Statement of Overriding Considerations is required.) Resolution No. PC -96 -318 Page 3 6. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. 7. The design of the subdivision and the type of improvements would not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. 8. Discharge of waste from the proposed subdivision into the existing community sewer system would not result in violation of existing water control requirements under California 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. 10. The design of the subdivision provides to the extent feasible, future passive or natural heating or cooling opportunities. 11. The effect of this action upon the housing needs of the region has been considered and balanced against the public service needs of City residents and available fiscal and environmental resources. 12. The topographic features of the site justify an average lot depth greater than three times the lot width. Residential Planned Development Permit Findings 1. The proposed residential project is consistent with the intent and provisions of the City's General Plan and Zoning Code. 2. The proposed residential project is compatible with the character of surrounding development. 3. The proposed residential project would not be obnoxious or harmful, or impair the utility of neighboring property or uses. 4. The proposed residential project would not be detrimental to the public interest, health, safety, convenience, or welfare. Resolution No. PC -96 -318 Page 4 5. The proposed residential project is compatible with existing and planned land uses in the general area where the development is to be located. 6. The proposed residential 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 residential structures will have design features which provide visual relief and separation between land uses of conflicting character. Conditional Use Permit Findings 1. The proposed golf course project is consistent with the intent and provisions of the City's General Plan and Zoning Code. 2. The proposed golf course project is compatible with the character of surrounding development. 3. The proposed golf course project would not be obnoxious or harmful, or impair the utility of neighboring property or uses. 4. The proposed golf course project would not be detrimental to the public interest, health, safety, convenience or welfare. 5. The proposed golf course project is compatible with existing and planned land uses in the general area where the development is to be located. The proposed golf course 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 clubhouse structures have design features which provide visual relief and separation between land uses of conflicting character. SECTION 2. The Planning Commission does hereby recommend approval of General Plan Amendment No. 94 -1 to revise the land use designation from Rural Low, 1 Dwelling Unit (DU) /5 Acres, to Rural High, 1 DU /Acre for Lots 1 -220, and to Public Institutional for Lots 221 -225; and also find that the approval of Vesting Tentative Tract Map is consistent with the City's General Plan, if the Resolution No. PC -96 -318 Page 5 following are requirements for approval: 1) a 100 -foot non - buildable easement is provided around the perimeter of the project to ensure an agricultural and land use consistency buffer, and 2) the applicant can provide the City with a guarantee that one or both golf courses will remain available for public play in perpetuity, with Moorpark residents given a priority for reservations, to justify consistency with Policy 5.4 of the Land Use Element, which specifies when clustering of residential units may be allowed. SECTION 3. The Planning Commission hereby recommends approval of Zone Change No. 94 -1 to revise the zoning from Rural Exclusive (RE) 5 Acres to Residential Planned Development (RPD) .345 DU /Acre for Lots 1 -220, and to Institutional for Lots 221 -225. SECTION 4. The Planning Commission hereby recommends that the City Council conditionally approve Vesting Tentative Map No. 4928, subject to compliance with all of the conditions attached hereto as Attachment 1 and the Mitigation Monitoring Program. SECTION 5. The Planning Commission hereby recommends that the City Council conditionally approve RPD Permit No. 94 -1, subject to compliance with all of the conditions attached hereto as Attachment 2 and the Mitigation Monitoring Program. SECTION 6. The Planning Commission hereby recommends that the City Council conditionally approve CUP No. 94 -1, subject to compliance with all of the conditions attached hereto as Attachment 3 and the Mitigation Monitoring Program. SECTION 7. The Planning Commission hereby recommends that the City Council direct the applicant to continue to work with the City Engineer and the Ventura County Fire Protection District to develop a frontage road design that will minimize the number of residential dwelling units that require a curb -cut onto "C" Street. The action with the foregoing direction was approved by the following roll call vote: AYES: Commissioner Martens, May, Miller, Acosta and Torres. NOES: ABSENT: Resolution No. PC -96 -318 Page 6 PASSED, APPROVED, AND ADOPTED THIS 7TH DAY OF FEBRUARY, 1996. ohn Torres, Chairman ATTEST: Celia La Fleur Secretary Attachments: 1. Vesting Tentative Map No. 4928 Draft Conditions of Approval 2. RPD Permit No. 94 -1 Draft Conditions of Approval 3. CUP No. 94 -1 Draft Conditions of Approval VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 VESTING TENTATIVE MAP NO. 4928 CONDITIONS OF APPROVAL I. DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS Permitted Uses 1. Vesting Tentative Map No. 4928 is approved for the land and project identified as Moorpark Country Club Estates: General Plan Amendment No. 9401, Zone Change No. 94 -1, Residential Planned Development Permit No. 94 -1, and Conditional Use Permit No. 94 -1. The location and design of all site improvements shall be as shown or described in the application (including technical reports), on the approved Vesting Tentative Map (Sheets 1 -4), and approved mitigation monitoring program (Attachment 1), except or unless indicated otherwise herein in the following conditions. City Reaulations 2. The conditions of approval of Vesting Tentative Map 4928 and all provisions of the Subdivision Map Act, City of Moorpark Zoning Code and adopted City policies supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map. Other Agency Regulations 3. All applicable requirements of any law or agency of the State, County, and any other governmental entity shall be met, and all such requirements and enactments shall, by reference, become conditions of this entitlement. 4. No condition of this entitlement shall be interpreted as permitting or requiring any violation of law, or any lawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules, standards, or guidelines apply, the stricter standard shall take precedence. Approved Phasina 5. If the Final Map is to record in phases, it shall be recorded in phases consistent with the approved Vesting Tentative Map Phasing Plan, Sheet 4. Acceptance of Conditions 6. Recordation of this subdivision shall be deemed to be acceptance by the subdivider, and his heirs, assigns, and successors of the conditions of this Map. 1 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 Reference Conditions of Approval on Final Man 7. A notation which references approved Conditions of Approval shall be included on all phases of any Final Map in a format acceptable to the Director of Community Development. Severability 8. If any of the conditions or limitations of this subdivision are held to be invalid, that holding shall not invalidate the remaining conditions or limitations set forth. Expiration of Vesting Tentative Ma 9. This Tentative Map shall expire 3 years from the date of its approval. The Director of Community Development may, at his discretion, grant up to three (3) additional one (1) year extensions for map recordation, if there have been non - significant changes to adjacent land uses and if the subdivider can document that due diligence has been extended towards completion of map recordation during the initial 3 year period of map approval. The request for extension of this entitlement shall be made in writing, at least 30 -days prior to the expiration date of the Tentative Map. Applicant/Developer Defense Costs 10. The subdivider shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the subdivision, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The City will promptly notify the subdivider of any such claim, action or proceeding, and, if the City should fail to do so or should fail to cooperate fully in the defense, the subdivider shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: a. The City bears its own attorney fees and costs; b. The City defends the claim, action or proceeding in good faith. The subdivider shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the subdivider. The subdividers obligations under VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 this condition shall apply regardless of whether a final map or parcel map is ultimately recorded with respect to the subdivision. Title Report 11. The subdivider shall submit to the Department of Community Development and the City Engineer for review and approval 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. Image Conversion 12. Upon recordation and prior to the first occupancy for each phase, the subdivider shall provide to the City an image conversion of any associated building, grading, landscape, public improvement and site plans into an optical format acceptable to the City Clerk. Asbestos Use Prohibited 13. No asbestos pipe or construction materials shall be used within this subdivision. Outstanding City Case Processina Costs 14. The subdivider shall pay all outstanding City case processing and environmental impact report related costs, prior to approval of a grading permit, Final Map, or Zoning Clearance for any phase. Environmental Ouality Assurance Proaram 15. Prior to rough grading permit approval, and approval of a Final Map for any phase, the subdivider shall submit a deposit for condition compliance review and mitigation monitoring. The monitoring program shall be enforced through implementation of an Environmental Quality Assurance Program (EQAP) as recommended in the approved mitigation monitoring program. The EQAP shall be implemented through the City; a contract specialist shall be retained to monitor construction and mitigation compliance. Zoning Clearance 16. Prior to submittal of construction plans for plan check or initiation of any grading or other construction activity, a Zoning Clearance shall be obtained from the Department of Community Development. The request for Zoning Clearance shall be accompanied by three complete sets of all applicable construction plans. 3 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 Hold Harmless Agreement 17. Prior to Zoning Clearance approval, construction plans may be submitted to the Building and Safety Department and City Engineer for plan check with a City approved Hold Harmless Agreement. Modifications 18. Any changes to the Vesting Tentative Map, including but not limited to phasing, lot sizes or dimensions, street layout, and areas to be graded, shall require the filing of an application for Modification. The type of Modification permit shall be determined by the Director of Community Development pursuant to the criteria established in the Zoning Code and Subdivision Ordinance. Conditions, Covenants and Restrictions (CC &R's 19. Covenants, Conditions and Restrictions (CC &R's) and By -laws establishing a Master Owners' Association for the proposed Project area as well as a separate Homeowners' Association for the residential development shall be prepared. The CC &R's for the Master Owner's Association shall identify the maintenance responsibility for, but not limited to, "C" Street parkway, median, and entranceway landscaping, bus stops, storm drains and channels, and any slope directly affecting drainage, or street facilities (collectively "Common Maintenance Areas "). The CC &R's for the Homeowners' Association shall also identify all Common Maintenance Areas for the residential areas, including maintenance of street and parkway landscaping, any common - shared driveways, all storm drains and channels, and any slope directly affecting drainage, or street facilities. Should the Associations fail to maintain the Common Maintenance Areas, or any portion thereof, in a satisfactory manner, the Common Maintenance Areas, or portion thereof, shall be annexed, at the City's option, to an existing City assessment District. The total cost of the maintenance provided by the Assessment District shall be borne by the property owners within the entire Vesting Map No. 4928 area, as applicable. CC &R's to Include Applicable Conditions of Approval 20. The CC &R's shall also include all Vesting Tentative Map, RPD Permit and CUP conditions of approval, that have been identified by the Director of Community Development for inclusion, as well as the Design Guidelines for the RPD Permit. The final Design Guidelines for the RPD Permit shall be approved by the Director of Community Development at the time of review of CC &R's for the residential development, which review shall occur prior to the submittal of the CC &R's to the State Department of Real Estate and any residential lot sales. The Homeowners' Association shall be responsible for monitoring compliance with the approved Design Guidelines for all new construction and remodeling within the development. The Director of Community Development shall ensure compliance with the VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 Design Guidelines through review of all Zoning Clearance applications for residential construction. Review of Draft CC &R's 21. The draft CC &R's shall be submitted to the Director of Community Development and the City Attorney for review and approval prior to approval of the first phase of the Final Map by the City Council. All applicable conditions of approval shall be highlighted in the copies of the CC &R's submitted for City review. Prior to sale of any lots, the CC &R's shall be approved by the State Department of Real Estate and then recorded. Approval by the City shall not be construed to mean that the City has any obligation to enforce CC &R's. Modification of CC &R's 22. The Master Owners' Association and the Homeowners' Association may modify the CC &R's only to the extent that they do not conflict with the terms of approval of the Vesting Tentative Map, RPD Permit and CUP. Sixty (60) days notice must be given to the City of the intent to modify CC &R's. Further, it is the sole responsibility of the Owners' and Homeowners' Associations to enforce the CC &R's. Reauirements to be Included in CC &R's 23. The following shall be included as requirements for construction in the CC &R's /Design Guidelines: a. 100 -Foot Easement: No structures of any kind or size, with the exception of drainage structures and infrastructure required by the City or other public agency, shall be allowed within the 100 -foot non - buildable, restricted -use easement, shown on the Vesting Tentative Map and required to be recorded in conjunction with Final Map approval. The landscaping within such easement shall be consistent with the Fire Hazard Reduction Program that is required to be prepared prior to recordation of Phase 1 of the Final Vesting Map (reference Ventura County Fire Prevention District conditions). b. California Administrative Code Requirements: All residential units constructed in the subdivision shall comply with Chapter 2 -53 of Part 2 and Chapter 4 -10 of Part 4, of Title 24 of the California Administrative Code. C. Earthquake Related Requirements: All habitable structures shall be designed according to the most recent UBC requirements to accommodate structural impacts from ground acceleration and maximum credible earthquake event. 5 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 d. Drainage Between Lots: No structures, walls, or fences shall be erected which impede or restrict flow of drainage waters between lots. e. Roofing Materials: Use of wood or asphalt shingles as roofing materials shall be prohibited. f. Energy Saving Devices: All residential units shall be constructed employing energy saving devices. These devices are to include, but are not limited to the following: i. Ultra low flush toilets (to not exceed three and one -half gallons); ii. Low water use shower controllers as required by Title 24 of the Uniform Building Code shall be placed on all shower facilities; Natural gas fueled stoves, ovens and ranges shall not have continuous burning pilot lights; iv. All thermostats connected to the main space heating source shall have night set back features; V. To ensure closure when not in use kitchen ventilation systems shall have automatic dampers; and vi. Hot water solar panel stub -outs shall be provided. g. Exterior Building and Paint Colors: All exterior building materials and paint colors shall be approved by the Director of Community Development to ensure compatibility with the Design Guidelines and with adjacent development. h. Rain Gutters and Downspouts: Non - corrosive rain gutters and downspouts shall be provided on all sides of dwelling units. Water shall be conveyed to the street or drives, as determined by the drainage plan. i. Roof Equipment: All roof jacks and metal flashing shall be painted to match the roof color. Roof mounted equipment shall be prohibited. All deck drains shall drain to the side, not the front facing any private or public street. j. Solar Panels: Solar panels, such as for heating swimming pool(s), shall be subject to the approval of the Director of Community Development prior to the issuance of a Zoning Clearance. All solar panels shall be designed so as to be part of the overall design of the structure supporting it. k. Water Heater Vents: Water heater vents shall be located so as to not be visible from a front elevation viewpoint. A VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 1. Stucco Finishes: Stucco finishes applied mechanically shall contain the smallest sand grit sizes feasible. Stucco finishes shall not be textured. The design objective of stucco application is to obtain a smooth trowel finish, to the degree feasible, without requiring hand troweling or dry - polishing during finish coat application. M. Parking and Driveway Requirements: A three (3) car garage, with a minimum inside dimension of 30 feet in width by 20 feet in length, and a minimum interior height of 8 feet, shall be provided for all single - family homes with driveway access onto "C" Street. In addition, every two lots fronting onto "C" Street shall have a shared curb cut, as reflected on the Final Map. All other single - family dwellings shall have a minimum two (2) car garage with a minimum inside dimension of 20 feet in length and 20 feet in width, and a minimum interior height of 8 feet. n. Asbestos Prohibited: No asbestos pipe or construction materials shall be used in the development of homes associated with this subdivision. o. Lighting Restrictions: Front and rear yard lighting restrictions shall be included to ensure compatibility with the surrounding rural neighborhoods. All exterior lighting shall be fully hooded and shielded. p. Graffiti Removal: Any graffiti on Homeowners' Association maintained property shall be removed within five (5) days from written notification by the City of Moorpark. All such graffiti removal shall be completed to the satisfaction of the City. q. Maintain Tract and Easement Notification Signage: Any neighborhood identification signage and any required signs notifying residents of an easement for future street extension shall be maintained by the Homeowners' Association in perpetuity, or in the case of the easement notification sign, shall be maintained until such time that the road is extended or the easement is relinquished by the City. CC &R's Review Cost 24. The subdivider shall be required to pay all costs associated with City Attorney and Department of Community Development review of the project CC &R's prior to approval of the first phase of the Final Vesting Map. 7 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 County of Ventura Computer -Aided Mapping System 25. The Final Map, including phased tract maps, shall be submitted in accordance with County Ordinance No. 3982, entitled "An Ordinance of the Ventura County Board of Supervisors Requiring New Subdivision Records to be Included in the County's Computer -Aided Mapping System and Establishing Related Fees." Condition Compliance Costs 26. The subdivider shall pay to the City 100 percent of all City and consultant costs for condition compliance review and mitigation monitoring. A deposit for implementation of an Environmental Quality Assurance Program (mitigation monitoring) shall be submitted prior to rough grading permit approval and approval of a Final Map for any phase. Park (Quimby) Fees 27. Prior to approval of each phase of the Final Vesting Map, the subdivider shall pay park (Quimby) Fees, consistent with City Subdivision Ordinance requirements. School District Fees 28. School District fees shall be paid prior to the issuance of building permits for individual phases of the project. Citywide Traffic Mitiaation Fee 29. For all golf course lots, prior to approval of the first phase of Final Vesting Map No. 4928, the subdivider shall execute a covenant running with the land, on the behalf of itself and its successors, heirs, and assigns, agreeing to participate in the formation of an assessment district or other financing technique, including but not limited to the payment of a citywide traffic mitigation fee, should such a mechanism be established by the City. For all single - family residential lots, the Applicant /Developer shall pay a Citywide traffic mitigation fee of $3,000 for each dwelling unit, prior to issuance of a Zoning Clearance to allow plans to be submitted for building permit plan check. General Gradina Seauence 30. Rough and fine grading permits shall be required to complete construction of required residential and golf course infrastructure and lots: 1) a mass or rough grading permit may be approved prior to recordation of Phase 1 of the Final Vesting Map, subject to submittal and approval of a grading agreement, compliance with other conditions of approval, and provision of surety as required by City to guarantee "C" Street improvements, reclaimed water and drainage improvements, mitigation measures, landscaping and erosion control E� VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 measures, and any other required improvements as determined by the Director of Community Development and City Engineer; and 2) subsequent fine or precise grading permits shall be issued for individual phases of the Final Vesting Map. Contour Gradina 31. Final precise or fine grading plans must conform with the principals of contour grading. Manufactured landforms shall be contoured and daylight grading techniques shall be used to provide a smooth and gradual transition of graded and natural slopes, while preserving the basic character of the surrounding ridgelines of the site. Rough and fine grading plans for lots and golf courses shall be reviewed for compliance with these principals by the Director of Community Development and the City Engineer. Also, the grading plans shall indicate the manner in which the graded slopes shall be blended with the natural slope of the site. Stabilize Slopes 32. Planned vegetation, irrigation, structures, roadways, paths, and continuing maintenance programs shall be used to stabilize manufactured slopes. Aesthetic Treatment of Manufactured Slopes 33. Suitable quantities of trees massed near the landform crest and shrubs of varying sizes on graded slopes shall be used to screen structures and to soften the visual appearance of the graded slopes. Grading Restrictions for Easterly Residential Lots 34. For lots 1, 2, 3, 28, and 29, the rough grading plan shall include a contoured berm that will screen views of homes on these lots from Walnut Canyon Road. The CC &R's and Design Guidelines for the residential development shall include a requirement that the homes on the above referenced lots be one -story with a maximum height of 25 feet, and that the landscape plan for these lots shall emphasize screening views of homes and project street grading from Walnut Canyon Road. Lot Boundary Revisions for Lots 1, _2, 3 and 216 35. The east facing slope areas for lots 1, 2, 3, and 216 shall be incorporated into golf course lot No. 218 and maintained by the east golf course operator as a condition of the CUP. Gateway Entrance Monumentation Streetscape Standards and Neiahborhood Desian Form 36. Both the eastern and western entrances to the proposed project shall provide residential and golf course community entry monumentation, 0 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 appropriate landscaping at entry points, and golf course signage. A sign program shall be submitted to the Director of Community Development for review and approval prior to the first residential or golf course occupancy. An orderly and consistent street tree planting program shall be required for both entranceways to provide a landscaping pattern that resembles a rural ranch entry road design. Trees shall be spaced at equal intervals or clustered as approved by the Director of Community Development. Recommended tree plantings for these entry points and along "C" Street shall include the non - natives typically used in ranch settings for entryways including pepper, eucalyptus, and olive trees. Other street tree plantings shall be consistent with the Ventura County Guide to Landscape Plans. The Director of Community Development shall review and approve all gateway, streetscape, and street tree planting programs for the project prior to fine grading permit approval, and all such landscaping for each approved phase shall be installed prior to the first occupancy for that phase. Ridge Setback and Plantina 37. The eastern perimeter of the project shall be set back from the ridge system visible along Walnut Canyon. Landscaping around this ridge system, once it is restored, shall emphasize reestablishment of existing native and non - native habitat (such as naturalized ranch tree species). The landscaping program on the eastern perimeter shall emphasize restoration of the existing vegetation and on the west side, the program shall emphasize the use of variable sized, tree lined streets to minimize the adverse effects of the urban design planned along this perimeter. Temporary Irriaation for Erosion Control Landscapin 38. Temporary irrigation shall be provided for all non permanent erosion control landscaping until it is replaced with permanent irrigation unless otherwise approved by the Director of Community Development. Temporary irrigation must be replaced with permanent irrigation prior to issuance of a Zoning Clearance for the first building unless drought tolerant plants selected do not require permanent irrigation. Drainaae Structures 39. Concrete drainage structures shall be tan colored concrete and, to the extent possible, shall incorporate natural structure and landscape to reduce their visibility. Use of Berms to Screen Views of Parkina Lots 40. For golf course lots 218 and 220, graded berms shall be constructed along all parking areas abutting any street or residential lot to act as a screen. Except as otherwise provided as a condition of 10 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 CUP -94 -1, the berms shall have a maximum height of 4 feet and a minimum height of 3 feet and shall be landscaped. Surety for Rouah Grading 41. A rough grading permit shall not be approved until the City Engineer, and the Director of Community Development approve the acceptance of a Performance Bond to guarantee implementation of the erosion control plan, construction of "C" Street and all related improvements including landscaping, construction of all required drainage improvements, implementation and maintenance of habitat restoration (as required by the mitigation monitoring program), construction of off -site circulation improvements, and full recordation of the Final Vesting Map for the entire Project site. In the case of failure to comply with this condition, the City Council may by resolution declare the surety forfeited. Upon completion of rough grading and erosion control plan compliance to the satisfaction of the City, and following recordation of all phases of the Final Vesting Map, the City Council may reduce the amount of the bond; however, the bond must be kept in full effect for a minimum of one year following rough grading to ensure adequate erosion control and revegetation. Surety for Common Maintenance Area Improvements 42. No Zoning Clearance shall be issued for grading or other construction activities until all on -site improvements specified in this permit for drainage, "C" Street, and related Common Maintenance Areas have been provided or the Director of Community Development approves the acceptance of a Performance Bond to guarantee the construction, installation, and maintenance of Common Maintenance Area improvements including, but not limited to perimeter fencing, parkway landscaping, slope planting, irrigation, and other landscape improvements. On -site improvements shall be completed prior to issuance of a Certificate of Occupancy. In case of failure to comply with any term or provision of this condition, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the City, the City Council may reduce the amount of the bond; however, the bond must be kept in full effect for one year after the last occupancy to guarantee that items such as, but not limited to, landscaping, fences, slope planting or other landscape improvements are maintained. Surety for Reclaimed Water Facilities and Infrastructure 43. Reclaimed water shall be used for all common area landscaping irrigation. Prior to rough grading permit approval, the City Engineer shall require a surety bond for the construction of the reclaimed water facilities and infrastructure. 11 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 Tree Report 44. Prior to approval of Phase 1 of the Final Vesting Map, the Tree Report for the project area shall be completed to provide the health and replacement value for all mature and oak trees as required by the City Municipal Code and to clearly identify the location of trees that will be impacted and any that can be saved. Landscaping Requirements 45. Prior to rough grading permit approval, complete landscaping and irrigation plans (2 sets), together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect for the Common Maintenance Areas for "C" Street. The landscaping and irrigation plans for the Common Maintenance Areas for the residential development shall be prepared prior to recordation of the applicable phase of development. The landscaping and irrigation plans for the golf courses and clubhouse area shall be prepared prior to recordation of Phase 1 of the Final Vesting Map. All landscaping and irrigation plans shall be generally in accordance with the Ventura County Guide to Landscape Plans, and shall be submitted to the Director of Community Development for review and approval. The subdivider shall bear the cost of the landscape plan review, installation of the landscaping and irrigation system, and of final landscape inspection. All tree replacement, common area landscaping, and permanent erosion control landscaping shall be installed and receive final inspection prior to issuance of an occupancy approval for the first residential unit or golf course in each phase, as applicable, with the exception that all streetscape landscaping shall be completed within 90 days of completion of the related course street base. Planting and irrigation specifications shall be included for all manufactured slopes over three (3) feet in height, and all Common Maintenance Areas proposed to be maintained by the Homeowners' Association. The purpose of the landscaping shall be to control erosion, prevent aesthetic impacts to adjacent property owners, mitigate the visual impacts of all manufactured slopes three (3) feet or more in height, replace mature trees lost as a result of construction, and provide a landscaping pattern along the streets and entranceways that resembles a rural ranch design. The Landscaping and Irrigation Plans shall include landscaping specifications, planting details, and design specifications consistent with the following requirements: a. Irrigation: Irrigation shall be provided for all permanent landscaping identified in the approved landscape plan. The subdivider shall be responsible for maintaining the irrigation system and all landscaping until such time as a Owners' 12 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 Association, maintenance district, or similar entity accepts the responsibility. b. Tree Report: The information contained in the Final Vesting Map No. 4928 Tree Report, regarding which trees are to be saved or retained on the site, shall be noted on the landscape plan. C. Tree Replacement: The landscape plan for "C" Street and the entranceways at Walnut Canyon and Gabbert Canyon Roads shall specify how trees removed during the rough and fine grading phases of the project will be replaced in accordance with Municipal Code requirements. d. Streetscape Elements: The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths within the project limits. e. Streetscape Appearance: All landscaped pedestrian walkways shall be designed to provide an aesthetically pleasing streetscape appearance. All pedestrian walkway plans shall be subject to approval of the Director of Community Development. f. Tree Planting: A sufficiently dense tree planting plan emphasizing tall growing trees and /or shrubs shall be designed. Planting shall be planned to achieve shade and screening in a three (3) to five (5) year time period. A minimum of 25 percent of the trees shall be 24 -inch box size and a minimum of 25 percent shall be 36 -inch box size. In addition, recommendations regarding planting, that are included in the mitigation monitoring program, shall be incorporated to the degree feasible into the screening plan. The size of the trees to be planted shall be subject to approval of the Director of Community Development. g. Dominant Street Tree: A coordinated tree planting program shall be developed which will provide a dominant street tree within the components of the proposed development. Dominant street trees shall vary between residential streets to provide aesthetic diversity within the development. h. Landscaping Near Intersections: Landscaping at site entrances and exits and at any intersection within the development shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. i. Landscaping Within Median and Parkways: Landscaping within any median or parkway shall be designed so as to not obstruct the view of any exterior door or window from the street. 13 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 j. Trees Prohibited Under Street Lights: Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. k. Equipment Screening: Backflow preventers, transformers, or other exposed above grade utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and /or a wall. 1. Maintenance and Replacement: Prior to Owners' Association, maintenance district, or similar entity's acceptance of responsibility for the landscaping, the subdivider shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the subdivision. M. Maintenance Easements: The subdivider shall agree to provide the necessary maintenance easements to the City for those designated Common Maintenance Areas. Prior to recordation of each phase, the Final Map shall indicate all landscape planting and maintenance easements. The subdivider shall maintain the right to protest the amount and spread of any proposed assessment in relation to the formation of a landscape maintenance assessment district, if and when created by the City. The subdivider shall record a covenant to this effect. n. Irrevocable Offer of Dedication: The subdivider shall provide an irrevocable offer of dedication of easements adjacent to public and private roads for all slope areas adjacent to roadways that are proposed to be landscaped. o. Native and /or Drought Tolerant Plantings: The use of native and /or drought - tolerant shrubs and trees shall be utilized for landscaping purposes in order to stabilize graded slopes and encourage the return of some wildlife species displaced from the project site as a result of grading activities. Any turf plantings shall also be drought tolerant, low water -using varieties. p. Exotic Plants Prohibited: Exotic plants which are known to spread beyond their original plantings and invade native habitats such as Pampas Grass, Spanish Broom, and Tamarisk shall not be used. q. Code Enforcement: The continued maintenance of the Common Maintenance Areas shall be subject to periodic inspection by the City. The Applicant /Developer or responsible Homeowners' Association shall be required to remedy any defects in ground maintenance, as indicated by the Code Enforcement Officer within five (5) days after notification. 14 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 Reclaimed Water Requirements 46. Reclaimed water shall be used for all common area landscaping irrigation and for golf course irrigation. The Director of Community Development shall approve the percent of potable water to be blended with reclaimed water for the golf course greens. Prior to rough grading permit approval, the City Engineer shall require a surety bond for the construction of the reclaimed water facilities and infrastructure. Reclaimed water shall be available to the golf courses prior to commencement of irrigation. Noise Management 47. The interior noise levels of dwelling units on lots adjacent to "C" Street and Walnut Canyon and Grimes Canyon Roads shall conform with the noise insulation standards of Chapter 1, Article 4, Section 1092 of Title 25 of the California Administrative Code. Noise source levels shall be based upon the traffic volumes projected for the Year 2010 along "C" Street, Walnut Canyon and Grimes Canyon Roads, as predicted in the traffic technical report in the environmental document for this project. Determination as to whether the architectural design for these dwelling units complies with this condition shall be made by the Building Department and Director of Community Development prior to the issuance of building permits. Non - Buildable. Restricted -Use Easement (Agricultural /Land Use Buffer) 48. The developer shall provide a minimum 100 foot width non - buildable, restricted -use easement, that may be recorded as a conservation easement, along the entire perimeter of the area covered by Vesting Tentative Map No. 4928. This easement is to serve as the 100 -foot fuel modification zone for fire prevention and as an agricultural and land use buffer. Only landscaping consistent with a required Fire Hazard Reduction Program (reference Fire Prevention District conditions) shall be allowed within the easement. No structures of any kind or size shall be permitted within the easement. Recordation of said easement shall occur coincidentally with recordation of Phase 1 of the Final Vesting Map. This easement shall be illustrated on all subsequent recorded maps for phased residential development. Easement Prohibiting Future Residential Development in Golf Course Areas 49. By approving the Moorpark Country Club Estates Project, the City has allowed the available residential density for the golf course acreage to be transferred to clustered residential areas, shown as lots 1 through 216 on the Vesting Tentative Map. To ensure that the golf courses are not proposed for residential development in the future, in conjunction with recordation of Phase 1 of the Final Vesting Map, the subdivider shall record an easement prohibiting future development of residential dwelling units within any of the I VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 golf course acreage, shown as lots 217 through 220 on the Vesting Tentative Map. Dedication of Future Road Easement 50. An offer of dedication shall be made for a 56 -foot future road easement from the terminus of "J" Court to the property line, as shown on Sheet 2 of the Vesting Tentative Map No. 4928. The subdivider for that phase shall install a sign notifying residents that there is a dedicated easement for a future road extension. The Homeowners' Association is required by a separate condition of approval to maintain the sign in perpetuity, or until such time that a future roadway is constructed or the easement is relinquished by the City. Shared Driveway Easements 51. For every two lots with direct driveway access onto "C" Street, a shared curb -cut easement shall be recorded to reduce the number of curb cuts required. Deed Restriction 52. The subdivider shall record a deed restriction intended to inform all prospective buyers of residential lots of the restrictions of the 100 -foot non - buildable, restricted -use easement and of the adjacent agricultural operations. Prior to issuance of a Zoning Clearance for the first residential structure, the subdivider /developer shall submit to the Director of Community Development proof of said deed restriction recordation and homebuyer acknowledgment. Multi -Use Trail Easement 53. The Final Vesting Map shall identify a 20 -foot width multi -use trail easement as shown on the Tentative Map, shall include a typical section, and shall include an offer of dedication. Lots 3, 4, 5, 6, 198, 199, and 200 shall be revised to remove the easement from the residential lots, and the entire trail easement shall be included completely within golf course lots 218 and 220. All phases of the Final Map shall show the location of the multi -use trail easement. Parking Requirements 54. To allow compliance with the Zoning Code golf course parking requirements, the first phase of the Final Map shall reflect a revision to the lot lines for lots 218 and 220 to provide a minimum of 50 percent of the parking requirements on -site, within lot 218 (31 parking spaces based on approved site plan /floor plan). In addition, a recorded lease is required to provide that the off -site parking will exist as long as the use it serves. Or; VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 Location of Perimeter Property Line Fencing /Walls 55. A perimeter boundary fencing /wall plan is required to be submitted, for Director of Community Development approval, prior to approval of the first phase of the Final Vesting Map. Boundary perimeter fencing or walls shall be installed prior to the first residential or golf course occupancy in each phase. The perimeter boundary fencing adjacent to agricultural zoned property shall be chain link, a minimum of 8 feet in height, and shall represent a substantial barrier to discourage vandalism and trespassing. 56. All property line walls or fencing shall be constructed consistent with RPD Permit and CUP requirements, and shall be no further than one inch from the property line. Lighting Restrictions 57. All exterior lighting shall be fully hooded and shielded. Street Lighting Standards 58. Street lighting standards shall be as specified by the City Engineer and the approved mitigation monitoring program, and shall be incorporated into the project photometric plans. Entrance lighting along project access roads shall be compatible with the surrounding rural neighborhoods. Low intensity night lighting shall be required within the streetscape; however, at intersections, brighter lighting complying with County and City intersection safety standards shall be required. Water Tanks 59. Prior to approval of Phase 1 of the Final Vesting Map, the subdivider shall work with Waterworks District 1 to ensure that any water tank on the project site shall be painted an earthtone color, such as tan, and screened with landscaping to minimize visual impacts. The tank color and landscaping plan shall be approved by the Director of Community Development prior to installation. Calleauas Municipal Water District 60. Prior to approval of each phase of the Final Vesting Map, the subdivider shall demonstrate by possession of a District Release from the Calleguas Municipal Water District that arrangements for payment of the Construction Charge applicable to the proposed subdivision have been made. The subdivider shall comply with Ventura County Waterworks Rules and Regulations, including payment of all applicable fees for domestic water sources. 17 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 Waterworks District No. 1 61. Prior to recordation of any Phase of the Final Vesting Map, an unconditional availability letter shall be obtained from the County Waterworks District No. 1 for sewer and water service for each lot. Said letter shall be filed with the Department of Community Development or, if said Unconditional Availability Letter in a form satisfactory to the City cannot be obtained from the County Waterworks District No. 1, the developer shall execute a Subdivision Sewer Agreement in a form satisfactory to the City. Said agreement shall permit deferral of unconditional guarantee for sewer and water service until issuance of a building permit for each lot in the subdivision. Said agreement shall include language holding the City harmless against damages in the event of the ultimate lack of adequate water or sewer service. Well Relocation or Modification 62. Relocation and /or modification of the existing wells on the property shall be subject to the approval of Waterworks District No. 1 and the Director of Community Development. Screening shall be required including, but not limited to, walls and landscaping. The well screening and relocation plan shall be submitted for Waterworks District No. 1 and Director review and approval prior to City approval of any grading permit. Cross Connection Control Devices 63. 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. Television Cable Service 64. Television cable service shall be provided to all residential units and the golf course clubhouse(s) consistent with City cable system requirements. Undergrounding cable wires is required and no lines shall be allowed to be extended along the exterior walls of structures. Undergroundina of Utilities 65. Prior to approval of any phase of the Final Vesting Map, the subdivider shall post sufficient surety bond to assure that all proposed utility lines designed to serve the proposed project, both within and immediately adjacent to the project site, shall be placed underground to the nearest off -site utility pole. All existing utilities shall also be undergrounded to the nearest off -site utility pole with the exception of 66 KV or larger power lines. This requirement for undergrounding includes all above - ground power poles on the project site as well as those along the frontage of the site adjacent to Walnut Canyon and Grimes Canyon Roads. The 18 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 subdivider shall indicate in writing how this condition will be satisfied. Declaration of Public Nuisance 66. The Director of Community Development may declare a development project or individual property that is not in compliance with the Conditions of Approval, or for some other just cause, a "public nuisance ". The subdivider /developer, Owners' Association, Homeowners' Association, or each individual property owner, as applicable, shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the Conditions of Approval or applicable codes. The City may enact special assessment proceedings against the parcel of land upon which the nuisance existed to pay all City costs related to abatement of the nuisance (Municipal Code Section 1.12.080). Biological Resource Preservation 67. Prior to the first golf course occupancy approval, replacement /recreation of a total of 3.9 acres of the Valley Needle Grassland habitat shall be provided within one or more protected areas of either the east or west golf courses and shall be maintained by the golf course operator(s). 68. Prior to rough grading permit approval, the project site plan shall be modified to clearly identify areas of dedicated open space within which native habitats shall be retained or restored. Approximately 2 acres of lot No. 217 shall be set aside for native habitat restoration. The restoration shall occur prior to occupancy approval for either golf course. Any other proposed uses for lot No. 217 shall require a Modification to CUP -94 -1. 69. Prior to issuance of building permits for golf course construction, the Applicant /Developer shall fund a $60,000 Venturan Coastal Sage Scrub Community research program to be managed by the City. 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 about restoration or propagation of the community. The research program shall include a study of the ecological issues related to the management of the community. Provision must be made for disseminating the results of the study. Research programs shall be performed only by qualified professional botanists, wildlife biologists, or other relevant researchers. 70. Prior to the issuance of building permits for the golf courses, the Applicant /Developer shall fund a $30,000 sensitive species research 19 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 program to be managed by the City. The purposes of this program shall be to study how best to assist in providing adequate marginalized habitats in areas of urban encroachment for sensitive species that are predicted to occur within the Moorpark Country Club Estates property and surrounding area. The program shall include an updated inventory of sensitive species occurring in the Moorpark area. Recommendations shall be made to provide modifications to the Moorpark General Plan Open Space, Conservation, and Recreation Element to improve the accuracy of the existing inventory of native fauna. Management suggestions designed to permit at least the marginal survival of native wildlife shall be provided. The study shall also provide management advice on native fauna for agencies and private individuals. Provision must be made for disseminating the results of the study. Research programs shall be performed only by qualified professional botanists, wildlife biologists, or other relevant researchers. 71. Native plants shall be used in the restoration of areas disturbed by the construction of the project. The City shall monitor the use of native plants through the review and approval of all project landscape plans. 72. Prior to issuance of grading or building permits for either golf course, the City shall verify that provisions are included in the golf course construction and landscaping plans for the creation of two artificial freshwater springs, which shall be established along the western Gabbert Canyon Creek riparian corridor. The location of these artificial springs shall be designated by a qualified vertebrate biologist and botanist. These artificial springs shall be maintained to provide year round flows of appropriate water volumes (similar to existing springs in the region). The created spring systems shall be designed to reproduce the conditions present at the existing natural springs in the region. The springs shall be appropriately revegetated with native plants (Typha sp., Scirpis sp., and Salix sp.) and other stream side plants common in the region. The springs shall not be developed within 500 feet of any proposed trail system. 73. Prior to the issuance of grading or building permits for the golf course facilities, the City shall verify that provisions are included in the construction and landscaping plans for the restoration of riparian canopy within an area occupying a minimum of 10 acres of woodland riparian habitat. The landscape plan and subsequent monitoring shall require the successful establishment of the following species and plant quantities: Species Quantity: Alnus rhombifolia (Alder) 15 Acer negundo Subsp. (Box Elder) 10 Platanus racemosa (Sycamore) 40 Salix lasiolepis (Arroyo Willow) 40 20 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 Sambucus mexicana (Elderberry) 20 Juglans californicus (Walnut) 20 Quercus agrifolia (Live Oak) 30 Trees shall, at a minimum, be 5 gallon container specimens (except for willows) or bare root at the time of planting with a height of 7 feet from the root crown to the top branch. The restoration program in drier areas shall be coordinated with the establishment of artificial springs (required by preceding condition) . A long term supply of fresh (or reclaimed) water shall be provided to assure the perpetuity of the plants. Adequate root guard protection shall be provided to reduce mortality from rodent activity. All mature riparian species trees identified in the tree report for the project shall be preserved. Buffer Zone 74. A buffer zone approximately 25 feet wide, measured from the top of the bank, shall be maintained adjacent to all protected drainages identified in the Certified Final EIR Biological Constraints Map. This buffer is designed to protect these areas from impacts resulting from the proximity of project - related activities. This buffer shall be subject to the following policies: a. The exact location of this buffer zone shall be determined by the Community Development Director in consultation with an independent biologist. b. This buffer zone shall be identified and staked to the satisfaction of the Director prior to grading operations. C. No physical alterations other than revegetation shall be allowed within this buffer zone unless an independent biologist approved by the City has certified that such work would not damage the integrity of the buffer. Prohibited activities generally include: grading, cut, fill, clearing, landscaping, storage of equipment and materials, vehicular parking and irrigation (except for the establishment of native plants). Required flood - control improvements and bank protection are exempt from this requirement. Mature Tree Protection Requirements 75. This project shall not initially remove any mature tree protected under the City Tree Protection Ordinance. Damage or removal of any protected tree by this project shall be subject to the provisions of the Tree Protection Ordinance: a. No grading or other activity (e.g., equipment and material storage, parking, etc.) shall occur within the driplines on protected trees. To ensure this, temporary protective fencing 21 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 shall be installed at least one foot outside the dripline of every such tree prior to grading. b. Grading and other activities may occur between the dripline and 10 feet beyond the dripline of every protected tree only if the project appointed City Arborist first conducts a field survey of the situation and certifies to the City that the protected tree will not be damaged by the proposed activity. In addition the Arborist shall monitor these activities while they occur to ensure that the protected tree is not damaged. C. Prior to grading, the grade subject to review by the Arborist shall be staked and otherwise marked as off - limits for activities not previously approved by the Arborist. Also, the off -limit areas shall show on the approved grading plan with notes to the grading contractor on the face sheet of the approved grading plans. d. Prior to grading, the Arborist shall tag and evaluate the health of every protected tree on the site, and develop a program of treatments to ensure the long -term health and survival of the trees. The results of this study shall be approved by the Community Development Director prior to start of grading or land clearing of any kind. Cultural Resource Mitigation Plannin 76. A cultural resource monitoring program shall be instituted during the initial vegetation clearance for the project. The purpose of this monitoring program is to determine if any significant deposits not identified during the Phase I survey exist within the project boundary. The monitoring shall be limited to the initial vegetation clearance phase of the rough grading program. If cultural deposits meeting the significance criteria defined in CEQA Guidelines are encountered, limited data recovery shall be conducted. The costs of this data recovery shall be limited as defined in Appendices to CEQA Guidelines. Chumash representatives shall be actively involved in the monitoring and any subsequent phases of the project mitigation program. Participation shall include monitoring of archaeological investigations, construction monitoring, and data analysis. Paleontological Data Recover 77. Prior to issuance of a Rough Grading Permit, a Paleontological Mitigation Plan, outlining procedures for paleontological data recovery, shall be prepared and submitted to the Director of Community Development for review and approval. The development and implementation of this Plan shall include consultations with the Applicant/ Developer's engineering geologist. The monitoring and data recovery work shall be performed by a qualified paleontologist. The data recovery should include periodic inspections of excavations 22 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 and, if necessary, fossil data recovery should be performed to recover exposed fossil materials. The costs of this data recovery shall be limited to the recovery of a reasonable sample of available material. The interpretation of reasonableness shall rest with the Director of Community Development. Water Ouality Mitigation Plannina - Integrated Golf Course Management _(IGCM) Plan 78. Prior to rough grading permit approval, the Applicant /Developer shall prepare and submit to the City for review and approval an Integrated Golf Course Management (IGCM) Plan to address water quality impacts of the golf courses; or preparation of the IGCM Plan may be deferred to prior to Zoning Clearance for a building permit for the first golf course, if an interim drainage plan is approved by the City Engineer. The intent of this requirement is that the permanent drainage plan shall be designed to be in conformance with the IGCM Plan. The conditions of approval for CUP -94 -1 specify further requirements for the IGCM Plan. II. CITY ENGINEER CONDITIONS OF APPROVAL PRIOR TO F331AL MAP APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED: General Reauirements 79. All areas to be commonly maintained, as determined by the City, shall be designated as separate lettered lots on each phase of the subdivision map. 80. Recorded Final Maps for each phase of the Vesting Tentative Tract Map (reference Sheet 4) for the project shall be permitted. Each Phase of the Final Map may be filed concurrently or in sequence. Phasing shall be in substantial conformance with Sheet 4 of the approved Vesting Tentative Map. 81. For each phase of the Final Map, the subdivider shall submit to the City of Moorpark for review and approval, a rough grading plan, consistent with the approved Vesting Tentative Map, prepared by a Registered Civil Engineer. The subdivider shall enter into an agreement with the City of Moorpark to complete the improvements required for each Phase of the Map and shall post sufficient surety guaranteeing completion. 82. The subdivider shall submit for review and approval a staged grading schedule. The schedule shall have an exhibit which delineates the rough and fine grading stages and shows the timing associated with each phase of grading. Any modifications to the schedule must be approved by the City Council. 23 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 83. Upon approval of the Final Map, requests for rough grading permits will be granted in accordance with the staged grading schedule, as required of these conditions and local ordinance. Subsequent precise or fine grading permits shall be issued upon completion of rough grading and review and approval of fine grading plans for individual phases of the Final Map. This condition is superseded if the subdivider enters into an early grading agreement, as allowed by the following condition. 84. Requests for a rough grading permit, prior to City Council approval of a Final Map for recordation, will be permitted provided that the subdivider enter into an early grading agreement with the City. 85. Concurrent with submittal of the rough grading plan an erosion, debris/ siltation and dust control plan shall be submitted to the City for review and approval by the City Engineer. The design shall include measures for hydroseeding and temporary irrigation on all graded slopes within 30 days of completion of grading unless otherwise approved by the City Engineer. 86. The grading plan shall provide that graded slopes be hydroseeded immediately upon completion of rough grading, consistent with the landscape concept plan, unless fine grading for subsequent phases will alter soils within these areas considerably. In the event final landscape plans are not completed and approved upon completion of rough grading, then all exposed slope areas shall be stabilized on an interim basis with soil binders, hydroseeded native plant materials, or other appropriate materials, as specified by the grading permit. Any stabilization program shall be consistent with the environmental management programs outlined in the approved mitigation monitoring program for the Project. The City may specify alternate deadlines for completion of all hydroseeding based on the grading schedule. 87. The subdivider or subsequent developers shall prepare an Erosion and Sediment Control Plan to address construction impacts and long term operational effects on downstream environments and watersheds. This plan shall be prepared by a Certified Erosion and Sediment Control Professional. Proposed management efforts shall include (but not be limited to) construction of debris and detention basins in the Gabbert Canyon watershed, provisions for the use of vegetative filtering enhanced by creek bed reconstruction, preparation of detailed erosion control plans, appropriate use of temporary debris basins, silt fences, sediment traps and other erosion control practices. The proposed plan shall also address all relevant National Pollutant Discharge Elimination System (NPDES) requirements and recommendations for the use of best available technology. The erosion control plan shall be reviewed and approved by the City Engineer prior to the issuance of grading permits for rough grading. 24 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 88. The erosion /sediment control plan shall provide that temporary erosion control measures 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. The following water quality assurance techniques shall be included: a. Minimize removal of existing vegetation. b. Provide temporary soil cover, such as hydroseeding, mulch /binder and erosion control blankets, to protect exposed soil from wind and rain. c. Incorporate silt fencing, berms, and dikes to protect storm drain inlets and drainage courses. d. Rough grade contours to reduce flow concentrations and velocities. e. Divert runoff from graded areas, using straw bale, earth, and sandbag dikes. f. Phase grading to minimize soil exposure during the October through April storm period. g. Install sediment traps or basins. h. Maintain and monitor erosion /sediment controls. i. The subdivider (or successors of interest) will ensure that construction activities include proper management and disposal of concrete and other masonry wastes, paint solvents and rinse wastes, vehicle fuel and maintenance wastes (including oil), and other construction debris. This will minimize exposure of these materials to storm water and transport to the drainage system. 89. To minimize the water quality effects of permanent erosion sources, the following design features shall be incorporated into the project grading plan to the degree determined necessary by the project civil engineer. The City Engineer shall review and approve the grading plan to verify compliance with water quality enhancement features including: a. installation of drainage swales, subsurface drains, slope drains, storm drain inlet /outlet protection, and sediment traps; b. installation of check dams to reduce flow velocities; C. installation of temporary and permanent desilting basins; 25 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 d. planting of permanent vegetation, including grass -lined swales; e. Installation of drainage courses and storm drain outlets designed to reduce scour; 90. Sediment yields in the watersheds within the project boundary shall be computed for pre - development and post - development conditions in accord with methods outlined in Erosion and Sediment Yields in the Transverse Ranges, Southern California (United States Geological Survey, 1978). These estimates of sediment yield shall be completed prior to initiating final design of modifications to the existing debris basin facility situated in the Gabbert Canyon Drainage south of the project boundary. 91. Improvements to the permanent debris basin in the Gabbert Canyon watershed shall be made which will be sufficient to reduce estimated sediment generation to pre - development levels. Modifications to this debris basin shall be made in conjunction with commencement of rough grading operations for the proposed golf courses. The design of modifications to this basin shall be reviewed and approved by the Ventura County Flood Control District. All improvements to the basin shall be completed prior to the first rainy season to occur after rough grading has commenced. Any required offsite City and County contribution fees for future drainage improvements shall also be paid at this time. Implementation of these off -site project drainage mitigation measures and construction of off -site drainage improvements are subject to review and approval by the City Engineer and the Ventura County Flood Control District. The City Engineer and the Ventura County Flood Control District may approve alternative on -site methods to comply with the impacts which are proposed to be mitigated by the aforementioned mitigation measures. 92. The grading permits issued for the development shall require maintenance schedules for earthmoving equipment and documentation of proper disposal of used oil and other lubricants. The subdivider shall obtain all necessary NPDES related permits prior to City issuance of the initial grading permit for the project. 93. A Master Drainage and Flood Control Improvement Plan shall be prepared which identifies all required drainage and flood control improvements necessary to implement the proposed project. This plan shall be prepared in consultation with the Moorpark City Engineer and the Ventura County Flood Control District to facilitate required interagency coordination. The plan shall identify all major improvements and typical drainage facilities for both residential and golf course portions of the project. The capacity, location, and size of all culverts, collection devices, energy dissipaters, and related improvements shall be designed to the satisfaction of the City Engineer and Flood Control District. Capacity details for the construction of the on -site detention basin and improvement of the existing debris basin in Gabbert Canyon shall be included in the 26 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 Master Improvement Plan. All necessary permits required to implement the Improvement Plan shall be obtained from the County Flood Control District prior to City issuance of a permit for rough grading. No rough grading permit shall be issued until the Master Plan is completed. The Master Plan shall identify what improvements must be completed coincident with the initiation of rough grading. 94. A Bank Protection Plan shall be prepared to address potential hazards to residences and components of the golf course situated within the potential hazard limits of Gabbert Canyon Creek. This Plan shall be prepared after review and approval of the Master Drainage and Flood Control Improvement Plan. The bank protection devices incorporated into this Plan shall, to the degree feasible, emphasize the use of "soft" surface improvements (such as gabions, erosion control matting, buried retention features, and similar devices) to minimize modifications to the existing channel. 95. Potential locations for hazard remediation shall be identified on the Plan. Modifications to the Plan required by the City Engineer or the Ventura County Flood Control District shall be made as requested. The Bank Protection Plan shall also be reviewed by the Department of Fish and Game for compliance with 1603 Permit requirements. An approved Bank Protection Plan shall be completed prior to recordation of the first phase of the Final Map and prior to issuance of any building permits for residential structures. 96. The grading plan shall indicate the locations of all existing habitat and other sensitive areas required to be protected as part of the proposed development. A note shall appear on the plan indicating all areas within the development where grading or stockpiling is prohibited. 97. All areas where grading is not allowed shall be clearly shown on the grading plans (all sheets). On site haul routes shall be limited to graded areas only and shall be discussed at the on -site pre - grading meeting and delineated on the phased grading plan and schedule. 98. All off -site soil import /export operations, requiring an excess of 10 total trucks loads, shall require Council approval prior to the issuance of a grading permit. 99. All requests for modification to the approved staged grading must be submitted in writing to the City Engineer for review and approval by the City Council. 100. The subdivider 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 27 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 applicable) shall conform with Reuse Permit procedures administered by the County Water Resources Development Department. 101. 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, plans will be reviewed by a certified soils engineer and their recommendations will be subject to the review and approval of the City Engineer and the Director of Community Development. 102. New slopes adjacent to roadways and development areas shall be graded in such a way that a contoured appearance in the graded plane shall be provided. Contour grading of all slopes shall be provided to the satisfaction of the Director of Community Development and the City Engineer. 103. No grading activities shall take place within at least 100 feet along the perimeter of blue line stream channels before giving proper notification to the California Department of Fish and Game, Ventura County Flood Control District and the U.S. Army Corps of Engineers. 104. All graded slopes shall be planted in a timely manner meeting the approval of the Director of Community Development with groundcover, trees and shrubs that will stabilize slopes and minimize erosion. Interim borrow sites are to be hydroseeded within 30 days of completion of grading, shall include temporary irrigation until established and shall minimize rectilinear form when possible. 105. Temporary irrigation, hydroseeding and erosion control measures shall be implemented on all temporary grading. Temporary grading is defined to be any grading partially completed and any disturbance of existing natural conditions due to construction activity. These measures will apply to temporary grading activity that remains or is anticipated to remain unfinished or undisturbed in its altered condition for a period of time greater than sixty days or the beginning of the rainy season whichever comes first. 106. All development areas and lots shall be designed so that surface drainage is directed to street frontages or natural or improved drainage courses as approved by the City Engineer. 107. Manufactured slopes which are greater than ten (10) feet in height shall be rounded at the top and at the toe of slope to simulate natural topography. At the discretion of the Director of Community Development, side slopes may be exempt from this provision if the height of slope does not exceed 15 percent of the width of the lot and has a slope height slope of less than ten (10) feet. 108. The grading plans shall depict the methods used during grading operations which minimizes, to the extent possible, impacts or 28 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 disruptions to trees which must be protected as identified in the approved oak tree or other applicable tree reports. a. Grading and /or the placement of structures shall be prohibited within the dripline or three feet from the trunks of the tree, whichever is greater. Grading and trenching within this area is to be prohibited. No fill material shall be placed within this area. b. No type of surface, either pervious or impervious, shall be placed within a six -foot radius of tree trunks. These areas shall remain uncovered and natural. C. Alternative pervious types of paving such as gravel, redwood chips, porous brick with sand joints, etc. shall be utilized. d. Retaining walls shall be used to protect existing grades within the driplines of trees. However, these walls shall not alter drainage from around trees. e. Drainage shall be directed away from tree trunks to ensure that water will not stand at the crown. To avoid drowning trees, water shall not be allowed to pond or collect within the dripline. During Construction: i. Trees within a construction area shall be protected from damage by equipment by installing temporary barriers such as fencing at the dripline. ii. Equipment, debris, building materials and /or excess soil shall not be stored within the dripline. iii. Trenches for utilities or irrigation shall be routed around the dripline where possible. (1) When not restricted by local building codes only one trench shall be dug to accommodate all utilities for lots. Where necessary, the roots shall be carefully pruned by a specialist in proportion to the total amount of root zone lost. The boring of a conduit for underground utilities shall be used where possible. (2) The operation of heavy construction equipment shall avoid the driplines of trees where possible. 109. Interior slopes between building pads shall be designed with up- slope property lines. 29 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 110. Grading on the perimeter of the site shall not be designed with perimeter downslopes to property lines, unless a homeowners association, maintenance district, or similar entity is established for maintenance of such downslopes. 111. To reduce debris from entering sidewalk and streets, the approved grading plan shall show a slough wall, approximately 18 inches high, with curb outlet drainage to be constructed behind the back of the sidewalk where slopes exceeding 4 feet in height are adjacent to sidewalk. The subdivider shall use the City's standard wall detail during design and construction. All material for the construction of the wall shall be approved by the City Engineer and Director of Community Development. No retaining wall greater than 18 inches in height shall be approved immediately adjacent to a sidewalk. A minimum 2 -foot wide planting area shall be established between the back of sidewalk and any retaining or other property walls. Geotechnical /Geoloav Review 112. The subdivider shall submit to the City of Moorpark for review and approval, detailed Geotechnical Engineering and Engineering Geology Report certified by a Registered Civil Engineer and Geologist in the State of California. The geotechnical engineering report shall include an investigation with regard to liquefaction, expansive soils, and seismic safety. The report shall also discuss the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. In addition the engineering soils report shall discuss the contents of the soils and presence or absence of any hazardous waste or other contaminants. Note: Review of the geotechnical engineering and engineering geology reports, by the City's Geologist and Geotechnical Engineer, shall be required. The subdivider shall reimburse the City for all costs including the City's administrative fee for this review. 113. All recommendations included in the approved geotechnical engineering and engineering geology reports shall be implemented during project design, grading, and construction in accordance' with the approved Project. The City Engineer shall review all plans for conformance with the geologist's and soils engineer's recommendations. 114. Unless subsequent geotechnical studies direct otherwise, landslides shall be removed and recompacted during grading. Alternatively, in some instances, landslides or unstable slopes can potentially be stabilized by constructing buttress or stabilization fill slopes to reduce their potential for future down slope movement. All cut and fill slopes, foundations and structures shall be designed and constructed to comply with Chapter 70 of the Unified Building Code (UBC) and applicable City and /or County Grading Ordinances. 30 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 Modifications to these standards shall be permitted along golf course areas only with the written concurrence of the City Engineer and the City's Geotechnical Engineer or Geologist. 115. Prior to recordation of any Phase of the Final Vesting Map, the subdivider shall prepare an agreement which indemnifies and holds harmless the City of Moorpark and its agents from future claims which may result from any landslide, subsidence, or other adverse geologic conditions that may occur at this site. 116. The subdivider or subsequent developers shall contract with an engineering geologist to study any unanticipated faults exposed during grading to detect any evidence of possible recent activity. No structure should be placed within 50 feet of any fault trace which exhibits recent activity. Final grading requirements for residential and golf course facilities shall be defined by an engineering geologist. All geological recommendations shall be reviewed and approved by the City Engineer and the City's consulting geologist. 117. All habitable structures shall be designed according to the most recent UBC requirements to accommodate structural impacts from ground acceleration and maximum credible earthquake event. Storm Water Runoff and Flood Control Plannina 118. The subdivider shall submit to the City of Moorpark for review and approval, drainage plans, hydrologic and hydraulic calculations prepared by a California Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. 119. The plans shall depict all on -site and off -site drainage structures required by the City. 120. The drainage plans and calculations shall indicate the following conditions before and after development: a. Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention facilities, and drainage courses. Hydrology shall be per the current Ventura County Standards except as follows: b. All storm drains shall carry a 50 -year frequency storm; C. All catch basins shall carry a 50 -year storm; d. 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; 31 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 e. All culverts shall carry a 100 -year frequency storm; f. Drainage facilities shall be provided such that surface flows are intercepted and contained prior to entering collector or secondary roadways; g. Under a 50 -year frequency storm, all streets shall be provided with a minimum of one travel lane in each direction with a goal that local, residential and private streets shall have one dry travel lane available in each direction; h. Drainage to adjacent parcels shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows shall be provided by the subdivider; i. All drainage grates shall be designed and constructed with provisions to provide adequate bicycle safety to the satisfaction of the City Engineer; j. If the land to be occupied is in an area of special flood hazard, the subdivider shall notify all potential buyers in writing of this hazard condition. The grading plan shall also show contours indicating the 50 and 100 year flood levels. k. All flows from brow ditches, ribbon gutters and similar devices shall be deposited into the storm drain system prior to entering streets. If necessary, the storm drain shall be extended beyond the public right -of -way through easements to eliminate surface flow between parcels. Both storm drain and easements outside the right -of -way are to be maintained by the Property- Owners' Association or as required by the City Engineer; 1. Concrete drainage structures shall be tan colored concrete, as approved by the Director of Community Development, and to the extent possible shall incorporate natural structure and landscape to reduce their visibility. M. Drainage for the development shall be designed and installed with all necessary appurtenances to safely contain and convey storm flows to their final point of discharge, subject to review and approval of the City Engineer. n. This hydraulic /hydrology study shall analyze the hydraulic capacity of Grimes Canyon, Gabbert Canyon and Walnut Canyon drainage systems, with and without the storm drain system for the proposed development. The subdivider shall be responsible for obtaining Ventura County Flood Control District approval of the analysis of this system, as it relates to the downstream capacity, and shall make any downstream 32 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 improvements, required by Ventura County Flood Control and City of Moorpark, to support the proposed development of Tract No. 4928. 121. The subdivider shall demonstrate for each building pad within every Phase of the Final Vesting Map that the following restrictions and protections can be put in place to the satisfaction of the City Engineer: a. Adequate protection from a 100 -year frequency storm; and b. Feasible access during a 50 -year frequency storm. C. Hydrology calculations shall be per current Ventura County Standards. 122. The subdivider 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 five or more acres." 123. City Ordinance No. 100 and the Federal Emergency Management Agency (FEMA), require updating of the National Flood Insurance Program maps for affected areas whenever any alteration of the watercourse is made. If a FIRM map revision is necessary, all materials required by FEMA for a map revision shall be provided to the City Engineer's office. This material will demonstrate the revised flood plain locations following development. This information will be forwarded by the City Engineer to the FEMA for review and updating of the National Flood Insurance Program maps. A conditional letter of map revision (if required by FEMA) shall be provided to the City prior to zone clearance. The subdivider will be responsible for all costs charged by the FEMA and the City's administrative costs. 124. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 125. The subdivider shall provide for all necessary on -site and off -site storm drain facilities required by the City to accommodate upstream and on -site flows. Facilities, as conceptually approved in the EIR or subsequently required studies and approved by the City, shall be delineated on the final drainage plans. Either on -site retention basins or storm water acceptance deeds from off -site property owners must be specified. These facilities must also be acceptable to the Ventura County Public Works Agency. 126. Any lot to lot drainage easements and secondary drainage easements shall be delineated on the final map. Assurance in the form of an agreement shall be provided to the City that these easements will be adequately maintained by property owners to safely convey storm water flows. The CC &R's shall be submitted to the City Engineer for 33 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 review and approval and shall include provisions for the Homeowner's Association or maintenance district to maintain any private storm drainage systems. 127. Runoff from developed areas should be diverted to detention basins, or underground oil and grease traps or other Best Management Practices, as determined by the City Engineer. These devices should be designed by a registered civil engineer as part of the drainage improvement plans for the project. 128. All runoff from man made impervious surfaces such as parking lots shall be filtered through grease /oil traps before discharge into drainage facilities leading offsite to minimize surface runoff of potential water contaminants. The contents of the traps shall be disposed per local and State regulations. 129. To the degree feasible (given elevation differences in the course design), drains placed under greens, tees, and fairways shall be directed into the on -site lakes. Collected water could be recycled for irrigation use. In areas where drainage to lakes is not possible, the use of impermeable membranes and other water quality protection features shall be considered for incorporation into the course design. Street Improvement Reauirements 130. The subdivider shall submit to the City of Moorpark for review and approval, street improvement plans prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvements; and shall post sufficient surety guaranteeing the construction of the improvements. 131. The street improvements shall include concrete curb and gutter, sidewalk, parkways, median(s), street lights, traffic signals, striping and signing, traffic control, paving, and any necessary transitions to the satisfaction of the City Engineer. All driveway locations shall be approved by the City Engineer and the Director of Community Development. The subdivider shall dedicate the necessary right -of -way to make all of the required improvements. 132. The applicable Ventura County Road Standard Plates are as follows and have been modified to conform to the cross sections shown on the proposed tentative map or exhibits shown within the EIR dated November 1995. Walnut Canyon Road 133. Walnut Canyon Road shall be per Ventura County Standard Plate B -4A with right -of -way modified per Sheet 3 of 3 of Vesting Tentative Tract No. 4928. 34 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 134. The improvements shall provide a 13 foot northbound through lane, 12 foot northbound left turn lane, 12 foot southbound right turn lane, 13 foot southbound through lane, 12 foot south bound acceleration lane with 10 foot shoulders on each side. 135. The primary project collector street intersection with Walnut Canyon Road (State Route 23) shall be designed in consultation with the City and Caltrans to assure that acceptable turning radii, lane widths, shoulders, lane tapers, and adequate acceleration and deceleration improvements are constructed. Modifications to State Route 23, as required by Caltrans, shall be constructed prior to issuance of permits for the first residential dwelling unit of golf course facility occupancy permit. An encroachment permit shall be obtained from Caltrans prior to construction of any proposed roadway improvements. Any additional right -of -way required to implement the Caltrans approved design for this entrance intersection shall be acquired by the subdivider and dedicated to the State in a manner acceptable to Caltrans. Entry monumentation that does not interfere with sight- distance or turning movements shall be incorporated into the project entrance planning. Landscaping shall be provided appropriate to the entry that will not interfere with sight- distance or turning movement operations. 136. The final design for the project entrance shall be reviewed and approved by the Director of Community Development and City Engineer prior to the issuance of permits for the first residential dwelling unit or golf course facility occupancy permit. 137. Prior to occupancy of the first residential unit of Tract 4928 or the golf course facility, the subdivider shall improve Walnut Canyon Road. Grimes Canyon Road 138. The subdivider shall dedicate, along the property frontage, right of way sufficient to provide any future improvements per Ventura County Standard Plate B -4A (60 foot ROW). 139. The primary project collector street intersection with Grimes Canyon Road shall be designed to assure that acceptable turning radii, lane widths, shoulders, lane tapers, and adequate acceleration and deceleration improvements are constructed per detail shown on Sheet 3 of the approved Vesting Tentative Map and as approved by the City Engineer. Modifications to Grimes Canyon Road are required to be completed coincident with construction of improvements included within Phase 1 of Final Map No. 4928. 140. Issuance of permits for the first residential dwelling unit or golf course facility occupancy permit shall not occur until all phased roadway improvements are completed and inspected to the satisfaction of the County of Ventura Public Works Agency and the City Engineer, as appropriate. An encroachment permit shall be obtained from The 35 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 City of Moorpark and County of Ventura (as appropriate) prior to construction of any proposed roadway improvements. Any additional right -of -way required to implement the finally approved design for entrances and intersections shall be acquired by the subdivider and dedicated to the City in a manner acceptable to the City. 141. Entry monumentation that does not interfere with sight- distance or turning movements shall be incorporated into the project entrance planning. Landscaping shall be provided appropriate to the entry that will not interfere with sight- distance or turning movement operations. 142. The final design for the project entrance shall be reviewed and approved by the Director of Community Development and City Engineer prior to the issuance of permits for the first residential dwelling unit or golf course facility occupancy permit. 143. Prior to issuance of the first zone clearance for occupancy for any phase within the approved tentative tract the intersection of Grimes Canyon Road and Highway 118 (Los Angeles Avenue), shall be modified to provide a left turn pocket and right turn lane. Modifications shall also be made at the railroad crossing adjacent to this intersection to improve the safety of this location. In addition, as required by Caltrans, a median acceleration lane shall be provided for southbound traffic turning eastbound along State Route 118. Plans for modification of the Los Angeles Avenue /State Route 118 intersection shall be reviewed and approved by the City and Caltrans. Plans for modification of the railroad crossing shall be reviewed and approved by the Southern Pacific Railroad and the City. Interior Streets 144. "C" Street shall be constructed per Ventura County Standard Plate B -2B modified to have a seventy -four (74) foot right of way and shall be configured to provide the following: 2 -five (5) foot sidewalks 2 -five (5) foot parkway /planting strips 2 -eight (8) foot bikelanes 2- twelve (12) foot travel lanes 1- fourteen (14) foot median A stop sign shall be provided at the intersection of "C" Street and the clubhouse entry drive. A tunnel shall be constructed under the "C" Street bridge, connecting the 14th and the 15th holes for the West golf course. 145. All other interior streets shall be per Ventura County Standard Plate B -4B having a fifty -six (56) foot right of way, thirty -six (36) foot pavement width, and ten (10) foot parkways. Sidewalks shall be five (5) feet in width. Rolled curbs shall be allowed provided no design /drainage constraints prevent their use. 36 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 146. All cul -de -sacs shall be per Ventura County Standard Plate B -4C having a fifty -two (52) foot right of way, thirty -two (32) foot pavement width, and ten (10) foot parkways. Sidewalks shall be five (5) feet in width. Rolled curbs shall be allowed provided no design /drainage constraints prevent their use. In conjunction with 147. Prior to Final Map recordation of Phase 1, the subdivider shall dedicate to the City of Moorpark the access rights for all interior streets and cul -de -sacs, except for approved access or driveway locations. Other Street Improvements 148. The subdivider shall include bus stop turnouts in the final street improvement plans and provide for their construction, to service the project. 149. The final location of the bus route and facilities shall be approved by the Director of Community Development. 150. Street lights shall be provided per Ventura County Standards and as approved by the City Engineer. 151. Street lighting and rural lot lighting standards specified by Ventura County Standard Plate F -9 and F -10 shall be incorporated into the project street /lighting design plans. The subdivider shall provide a photometric plan showing a point -by -point foot candle layout to extend a minimum of twenty (20) feet outside the street boundaries. The layout plan is to be based on a ten (10) foot grid center. 152. The final design of all sidewalks, barrier walls, streetscape elements, urban landscaping, and pedestrian paths within the project limits are subject to the approval of the Director of Community Development. 153. The subdivider shall adhere to Business and Professions Code Section 8771, which requires that all monuments be located and tied out prior to any construction or relocation of a street. 154. The surveyor shall certify on the proposed street improvement plans that all recorded monuments in the construction area have been located and either protected in place or replaced pursuant to State Assembly Bill 1414. 155. The subdivider shall provide slope easements along all roads where the top of cut plus 5 feet or the toe of fill plus 5 feet is beyond the dedicated right of way. Said slope easements shall include the area covered by the cut slope plus 5 feet and fill slope. 37 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 Moorpark Avenue /High Street Intersection Improvements 156. The subdivider shall pay a fair share of the costs to mitigate the traffic impacts to this intersection. The mitigation fee shall be based upon the incremental project traffic, as shown in the project traffic study, added to this intersection. The fair share allocation shall be apportioned by the City Engineer for each Phase of the Final Map. Fees shall be paid commensurate with the number of residential units recorded in each Phase of the Map. Tierra Rejada /Los Angeles Avenue Intersection Improvements 157. The subdivider shall pay a fair share of the costs to mitigate the traffic impacts to this intersection. The mitigation fee shall be based upon the incremental project traffic, as shown in the project traffic study, added to this intersection. The fair share allocation shall be apportioned by the City Engineer for each Phase of the Final Map. Fees shall be paid commensurate with the number of residential units recorded in each Phase of the Map. Other Fees and Improvement Design Requirements 158. Prior to recordation of each Phase of the Final Map, the subdivider shall pay City the Los Angeles Avenue Area of Contribution Fee (the "AOC Fee "). The AOC Fee shall be calculated based on a 9.18 -acre commercial site (equivalent average daily traffic) and the dollar amount in effect at the time of the payment of the fee. 159. Prior to approval of each phase of the Final Map the subdivider shall pay City the Gabbert /Casey Road Area of Contribution Fee (the "AOC Fee "). The AOC Fee shall be calculated based on a 9.18 -acre commercial site (equivalent average daily traffic) and the dollar amount in effect at the time of payment of the fee. 160. Where roads are to be built requiring 4 or more inches of pavement, the subdivider shall construct the required street section minus 1 -1/2 inches of paving as an interim condition until all utility cuts or trenching is completed and the City Engineer grants approval to accomplish this task. In areas of longitudinal trenching, paving fabric shall be used to prevent reflective cracking. 161. Any right -of -way acquisition necessary to complete the required improvements will be acquired by the subdivider at his expense. 162. Publicly dedicated streets shall conform to the design requirements of the Ventura County Road Standards (most recent revision) except as follows: a. Sidewalks to be a minimum of five feet wide at all points. b. Parkways shall maintain a minimum crossfall of 2% toward the street for a minimum distance of 10 feet from the curb face. 38 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 163. The subdivider shall submit wall and landscaping plans and a copy of the CC &R's showing that provisions have been taken to provide for and maintain proper sight distances. 164. Special intersection treatment designs involving variations in paving material, where major pedestrian and vehicular circulation elements intersect, shall be approved by the Director of Public Works and Director of Community Development. 165. The subdivider shall post sufficient surety guaranteeing completion of all improvements which revert to the City (i.e., grading, street improvement, signalization, storm drain improvements, sewer improvements, landscaping, parks, fencing, bridges, etc.) or which require removal (i.e., model homes, temporary debris basin, etc.) in a form acceptable to the City. The subdivision surety agreement shall also include provisions for all off -site improvements along the entire frontage of Tract 4928 and other offsite improvements which require mitigation as described herein. 166. The subdivider shall demonstrate legal access to all parcels to the satisfaction of the City Engineer. 167. The subdivider shall pay all energy costs associated with street lighting for a period of one year from the acceptance of the street improvements. Utilities 168. Utilities, facilities and services for the project area will be extended and /or constructed in conjunction with its phased development by the master developer as the project proceeds. a. The subdivider will be responsible for the construction of all onsite and offsite sanitary sewer facilities to serve the project. The subdivider shall enter into an agreement with Ventura County Water Works District No. 1 ( VCWWD) to construct the improvements and the system will be dedicated to VCWWD No. 1 for maintenance. b. Prior to Final Map recordation of any phase, the City, Calleguas Municipal Water District and Water District No. 1 shall approve final plans for water distribution. Either the subdivider shall construct the required distribution facilities or enter into an agreement with the Calleguas Municipal Water District and /or County Waterworks District No. 1 stating when and how facilities will be funded and constructed. The system will be designed and constructed to meet the requirements of the proposed land uses and applicable City, Calleguas and VCWWD No. 1 standards. C. Provisions for electrical, natural gas, telephone and solid waste collection services and cable television to the Project Area will be made prior to development of the project area. 39 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 All services can be extended by each respective company to meet future demands of the Project Area. Natural gas service will be provided by Southern California Gas. Electric service will be provided by Southern California Edison. Telephone service will be provided by Pacific Bell. Solid waste collection will be provided by private companies as regulated by the City. These services will be phased in conjunction with development of the project area. Infrastructure Planning 169. Alternative infrastructure extension routes outside of major public right -of -ways shall be developed for City consideration prior to recordation of the Final Tract Map for the project. A specific alternative alignment up Gabbert Canyon shall be considered. To the degree feasible, utility and service extensions shall not be placed along Grimes Canyon Road. The City Engineer and Director of Community Development shall review, comment upon, and approve the alignment of infrastructure extensions prior to recordation of the Final Map. 170. Prior to Final Map recordation of any Phase, the proposed infrastructure plan for the project shall be designed to place all required sewer and reclaimed water conveyance facilities in the Gabbert Canyon alignment. The subdivider shall obtain all necessary right -of -way and easements to install the required infrastructure in this alignment. The City may assist with the acquisition of such easements. 171. The Director of Community Development and City Engineer shall review, comment upon, and approve the alignment of infrastructure extensions prior to recordation of the Final Map. Acquisition of Easements and Right of Wav 172. If any of the improvements which the subdivider is required to construct or install is to be constructed or installed upon land in which the subdivider does not have title or interest sufficient for such purposes, the subdivider shall do all of the following at least 60 days prior to the filing of any Phase of the Final Map for approval pursuant to Governmental Code Section 66457. a. Notify the City of Moorpark (hereinafter "City ") in writing that the subdivider 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) 40 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 a current appraisal report prepared by an appraiser approved by the City which expresses an opinion as to the fair market value of the interest to be acquired, and (iv) a current Litigation Guarantee Report. C. Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the subdivider 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. 173. Subdivider shall pay all County fees related to Computer -aided Mapping System (CAMS). Surety, Bonding, Conveyance of Title and Legal Actions 174. The subdivider shall offer to dedicate to the City of Moorpark public service easements as required by the City. 175. On each Phase of the Final Map, the subdivider shall offer to dedicate access easements to the City of Moorpark over all private streets to provide access for all governmental agencies providing public safety, health and welfare. 176. In conjunction with Final Map recordation of Phase 1, the subdivider shall offer to dedicate to the City of Moorpark, public use, all right -of -way for public streets. 177. In conjunction with Final Map recordation of Phase 1, the subdivider shall dedicate to the City of Moorpark the access rights adjacent to Walnut Canyon Road, Grimes Canyon Road and "C" Street, except for approved access or driveway locations. 178. Prior to submittal of each Phase of the Final Map to the City for review and prior to approval, the subdivider 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 compliance shall be submitted to the City of Moorpark. 179. Prior to approval of Phase 1 of the Final Map, the subdivider shall execute a covenant running with the land on the behalf of itself and its successors, heirs, and assigns agreeing to participate in the formation of an assessment district or other financing technique including, but not limited to, street and sewer improvements necessitated by this project and other projects within the assessment district, as approved by the City Engineer. The subdivider shall retain the right to protest the amount and the spread of any proposed assessment. 41 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 180. Sufficient surety, as specified by the City Engineer, guaranteeing all public improvements shall be provided. The sureties shall remain in place for one year following acceptance of the public improvements by the City. PRIOR TO ACCEPTANCE OF PUBLIC IMPROVF.NEUTS AND BOND EXONERATION, TB FOLLOWING CONDITIONS SBALL BE SATISFIED: 181. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 182. The subdivider shall file for a time extension with the City Engineer's office at least six weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required will be in conformance with the applicable ordinance section. 183. A copy of the recorded Map(s) shall be forwarded to the City Engineer for filing. 184. Sufficient surety in a form acceptable to the City guaranteeing the public improvements pertinent to each phase shall be provided. 185. All surety guaranteeing the public improvements shall remain in place for one year following acceptance by the City. Any surety bonds that are in effect three years after final map approval or issuance of the first building permit shall be increased an amount equal to or greater than the consumers price index (Los Angeles /Long Beach SMSA) for a period since original issuance of the surety and shall be increased in like manner each year thereafter. 186. Original "as built" plans will be certified by the 's civil engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 36 ", they must be resubmitted as "as builts" in. series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as builts" plans is required before a final inspection will be scheduled. III. CITY OF MOORPARK POLICE DEPARTMENT CONDITIONS 187. A licensed security guard is required during the construction phase, unless a 6 foot high chain link fence is erected around the construction site. 188. Construction equipment, tools, etc., shall be properly secured during non - working hours. 42 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 189. All golf cart crossings at roadways shall be under the roadway, or at an intersection with a stop sign or signal if approved by the Chief of Police and the Director of Community Development. IV. VENTURA COUNTY FIRE PREVENTION DISTRICT CONDITIONS Fire Hazard Reduction Program 190. Prior to issuance of a grading permit or Zoning Clearance for any building permit, the Applicant /Developer shall retain a certified fire management professional to prepare a Fire Hazard Reduction Program; this program shall be prepared in consultation with the County Fire Protection District and shall be approved by the Director of Community Development. The certified fire management professional shall be familiar with the objectives of fuel management in wildland -urban interface. A native plant specialist shall participate in the development of the fuel management program. The program shall apply to the 100 -foot non - buildable easement required by Vesting Tentative Map No. 4928 and all golf course property within 100 feet of all structures (or as amended by the certified fire professional based on fuel modification factors). a. The vegetation management requirements of the plan shall be clearly defined. The proposed Moorpark Country Club Estates Homeowners Association shall be responsible for implementing this program in perpetuity. Fuel modification zones are proposed to be retained in as natural a state as safety and fire regulations will permit. b. The fuel modification zone shall be provided within 100 feet of all structures. The zone will be designed by and planted under the supervision of a landscape architect with expertise in native plant materials and habitat restoration, with the approval of the Director of Community Development, to appear as a transition between the built environment and natural open space. C. Within the modification zone, native and non - native high -fuel vegetation will be removed and replaced with low -fuel vegetation. The height of plant materials will be kept to a minimum. Planting requirements include a combination of trees, shrubs, and groundcover. Irrigation will not be provided, except in established wet zones, unless necessitated by the plant materials used. 191. During all grading and site clearance activities, earth moving equipment shall be equipped with spark arrestors and at least two fire extinguishers. All equipment used in the vegetation clearance phase shall be equipped with spark arrestors and best available fire safety technology. The vegetation clearance activities shall be 43 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 coordinated with and approved by the County Fire Prevention Division. 192. All equipment and material staging activities shall be coordinated with the County Fire Prevention Division. Fire prone construction activities shall be prohibited during "Santa Ana" wind conditions. 193. If deemed necessary by the District, prior to recordation of the first phase of the Final Vesting Map, the project shall include a helispot and associated fire suppression equipment storage. Any required heliport facilities shall be indicated on the Final Vesting Map for the project. Road and Driveway Requirements 194. Complete circulation shall be provided for each phase of the development. Each phase shall stand alone, meeting all requirements for access, without depending on future development of neighboring phases to complete second access or water requirements. 195. The collector road system proposed for the project shall be reviewed and approved by the Ventura County Fire Protection District prior to approval of Phase 1 of the Final Vesting Map. 196. Access roads shall be installed with an all weather surface, suitable for access by Fire Department apparatus. A minimum clear street width of 36 feet shall be provided. Cul -de -sacs shall be a minimum of 32 feet wide. 197. Access roads shall not exceed 15 percent grade. 198. Approved turn around areas for fire apparatus shall be provided where the access road is 150 feet or more from the main project collector. Cul -de -sacs shall have a minimum diameter of 80 feet. 199. Any gates to control vehicle access are to be located to allow a vehicle waiting for entrance to be completely off the public roadway. The method of gate control shall be subject to review by the Bureau Fire Prevention. A minimum clear open width of 15 feet in each direction shall be provided. If gates are to be locked, a Knox System shall be installed. 200. Prior to recordation of Phase 1 of the Final Map, proposed street names shall be submitted to the Fire Department Communication Center for review and comment. 201. Street name signs shall be installed in conjunction with the road improvements. The type of sign shall be in accordance with Plate F -4 of the Ventura County Road Standards. 44 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 202. All driveways shall have a minimum vertical clearance of 13 feet 6 inches, and this requirement shall be included in the CC &R's /Design Guidelines. Fire Hydrant /Fire Flow Requirements 203. Prior to recordation of the first phase of residential development, the Applicant /Developer shall provide verification that the water purveyor can provide the required volume /fire flow for the project. 204. Prior to construction, the Applicant /Developer shall submit plans to the Ventura County Bureau of Fire Prevention Division for the approval of the location of fire hydrants; all hydrants shall be shown on the plan that are situated within 300 feet of the perimeter of the residential development. 205. A minimum fire flow of 1,000 gallons per minute at 20 psi shall be provided. The location and capacity of all water storage and conveyance facilities shall be reviewed and approved by the District prior to the recordation of the Final Map and prior to the issuance of building permits. 206. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the County Water Works Manual. These standards specify: a. Each hydrant shall be a 6 inch wet barrel design, and shall have one 4 inch and one 2 '-� inch outlet. b. The required fire flow shall be achieved at no less than 20 psi residual pressure. C. Fire hydrants shall be spaced 300 feet on center, and so located that no structure will be farther than 150 feet from any one hydrant. d. Fire hydrants shall be set back in from the curb face, 24 inches on center. 207. All grass or brush exposing any structures shall be cleared for a distance of 100 feet prior to framing. 208. An approved spark arrester shall be installed on all chimneys. California Administrative Code (Title 24- Section 2.1217 Requirements 209. Address numbers, a minimum of 4 inches high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are set back more than 150 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the 45 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 event the structure(s) is not visible from the street, the address number(s) shall be posed adjacent to the driveway entrance. 210. Portions of this development may be in a hazardous fire area and those structures shall meet hazardous fire area building code requirements. 211. The Design Guidelines shall include a requirement that prior to preparation of building plans for new residential structures or additions to existing structures, the architect shall obtain VCFD Form No. 126, "Requirements for Construction." V. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITIONS 212. Prior to City approval of any grading permit for the project, the Applicant /Developer and the District shall enter into a contract for the relocation and /or modification of the existing wells on the property. The relocation plan shall address well locations, provisions for drilling additional wells if necessary (if existing wells are damaged during construction), relocation of conveyance structures, and other matters of mutual concern. A copy of the approved contract shall be submitted to the City. The Applicant /Developer shall be responsible for complying with all terms and conditions of the relocation contract. 213. Prior to issuance of Zoning Clearances for residential construction, the proposed infrastructure plan for the project shall be designed to place all required water, sewer, and reclaimed water conveyance facilities in the Gabbert Canyon alignment. The Applicant /Developer shall obtain all necessary right -of -way and easements to install the required infrastructure in this alignment. The City may assist with the acquisition of such easements. 214. Prior to issuance of a Zoning Clearance for a building permit, the applicant for service shall comply with the Ventura County Waterworks District No. 1 "Rules and Regulations" and any subsequent additions or revisions thereto. Ultra low plumbing fixtures are required in all new construction. Any requirements by the Fire Protection District, that are greater than Waterworks District No. 1 existing facilities are the responsibility of the Applicant /Developer. 215. Waterworks District No. 1 has an existing water transmission line, which shall be relocated at Applicant /Developer's cost, as approved by the District. 216. The Applicant /Developer shall be responsible to construct and pay for the required in -tract and off -site water, reclaimed water and sewer improvements necessary to serve the property. C,ri VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 217. Applicant /Developer shall be required to pay all applicable water capital improvement fees and sewer connection fees in accordance with the District's Rules and Regulations. VI. VENTURA COUNTY FLOOD CONTROL AND WATER RESOURCES DEPARTMENT CONDITIONS (The Flood Control District provided no conditions of approval for the project. Therefore, the following conditions contained in the approved mitigation monitoring program shall be deemed to satisfy the concerns of this agency.) 218. Prior to approval of any grading permit and recordation of the first phase of Final Vesting Map No. 4928, a Master Drainage and Flood Control Improvement Plan shall be prepared. This Plan shall identify all required drainage and flood control improvements necessary to implement the proposed project, and shall be prepared in consultation with the Moorpark City Engineer and the Ventura County Flood Control District to facilitate required interagency coordination. The Plan shall identify all major improvements and typical drainage facilities for both residential and golf course portions of the project. The capacity, location, and size of all culverts, collection devices, energy dissipaters, and related improvements shall be designed to the satisfaction of the City Engineer and Flood Control District. Capacity details for the construction of the on -site detention basin and improvement of the existing debris basin in Gabbert Canyon shall be included in the Master Improvement Plan. All necessary permits required to implement the Master Plan shall be obtained from the County Flood Control District prior to City issuance of a permit for rough grading. The Master Plan shall identify what improvements must be completed coincident with the initiation of rough grading. Implementation of off -site project drainage mitigation measures and construction of off -site drainage improvements are subject to review and approval by the City Engineer and the Ventura County Flood Control District. The City Engineer and the Ventura County Flood Control District may approve alternative on -site methods to comply with the impacts which are proposed to be mitigated by the aforementioned mitigation measures. 219. A Flood Control Permit is required for any construction work within Ventura County Flood Control District right -of -way. 220. A Bank Protection Plan shall be prepared to address potential hazards to residences and components of the golf course situated within the potential hazard limits of Gabbert Canyon Creek. This Plan shall be prepared after review and approval of the Master Drainage and Flood Control Improvement Plan. The bank protection devices incorporated into this Plan shall, to the degree feasible, emphasize the use of "soft" surface improvements (such as gabions, 47 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 erosion control matting, buried retention features, and similar devices) to minimize modifications to the existing channel. Potential locations for hazard remediation shall be identified on the Plan. Modifications to the Plan required by the City Engineer or the Ventura County Flood Control District shall be made as requested. The Bank Protection Plan shall also be reviewed by the Department of Fish and Game for compliance with 1603 Permit requirements. An approved Bank Protection Plan shall be completed prior to recordation of the first phase of the Final Vesting Map and prior to issuance of any building permits for residential structures. 221. Sediment yields in the watersheds within the project boundary shall be computed for pre - development and post - development conditions in accord with methods outlined in Erosion and Sediment Yields in the Transverse Ranges, Southern California (United States Geological Survey, 1978). These estimates of sediment yield shall be completed prior to initiating final design of modifications to the existing debris basin facility situated in the Gabbert Canyon Drainage south of the project boundary. 222. If required by the Master Drainage and Flood Control Improvement Plan, improvements to the permanent debris basin in the Gabbert Canyon watershed shall be made, which will be sufficient to reduce estimated sediment generation to pre- development levels. Modifications to this debris basin shall be made in conjunction with commencement of rough grading operations for the proposed golf courses. The design of modifications to this basin shall be reviewed and approved by the Ventura County Flood Control District. All improvements to the basin shall be completed prior to the first rainy season to occur after rough grading has commenced. 223. Basin maintenance shall be provided under an agreement satisfactory to the Flood Control District. An improvement and maintenance cost agreement between the Applicant/ Developer and the District shall be required prior to the issuance of initial grading permits or recordation of the Final Tract Map (whichever occurs first). 224. Prior to the issuance of a rough grading permit, the Applicant /Developer shall have prepared an Erosion and Sediment Control Plan to address construction impacts and long term operational effects on downstream environments and watersheds. This Plan shall be prepared by a Certified Erosion and Sediment Control Professional. Proposed management efforts shall include (but not be limited to) construction of debris and detention basins in the Gabbert Canyon watershed, provisions for the use of vegetative filtering enhanced by creek bed reconstruction, preparation of detailed erosion control plans, appropriate use of temporary debris basins, silt fences, sediment traps and other erosion control practices. The proposed plan shall also address all relevant National Pollutant Discharge Elimination System (NPDES) requirements 48 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 and recommendations for the use of best available technology. The erosion control plan shall be reviewed and approved by the Community Development Department Director and City Engineer prior to the issuance of any grading permit. 225. Prior to issuance of a grading permit, the Final Drainage Study shall be reviewed and approved by the County of Ventura Flood Control and Water Resources Department. VII. CALIFORNIA DEPARTMENT OF FISH AND GAME AND REGIONAL WATER QUALITY CONTROL BOARD CONDITIONS 226. Runoff from developed areas should be diverted to detention basins, or underground oil and grease traps or other Best Management Practices, as determined by the City Engineer. These devices should be designed by a registered civil engineer as part of the drainage improvement plans for the project. Because the ponds within the golf courses could contain pollutants that may be harmful to wildlife, their design and location should be reviewed by a concerned conservation agency such as the California Department of Fish and Game or a City approved biologist, prior to approval of the improvement plans by the City Engineer and Director of Community Development. The basins and traps would require periodic maintenance by the property owner, homeowners association, or other entities. Provisions shall be made by the applicant to provide for maintenance in perpetuity prior to Final Vesting Map approval. 227. All runoff from man made impervious surfaces such as parking lots shall be filtered through grease /oil traps before discharge into drainage facilities leading offsite to minimize surface runoff of potential water contaminants. The contents of the traps shall be disposed per local and State regulations. 228. To the degree feasible (given elevation differences in the course design), drains placed under greens, tees, and fairways shall be directed into the on -site lakes. Collected water could be recycled for irrigation use. In areas where drainage to lakes is not possible, the use of impermeable membranes and other water quality protection features shall be considered for incorporation into the course design. VIII. ENVIRONMENTAL MITIGATION MEASURES APPLICABLE TO ALL PHASES OF THE FINAL VESTING MAP 229. The approved Mitigation Monitoring Program is included as Attachment 1, and all mitigation measures are requirements of the Vesting Tentative Map, as applicable. Some of the adopted mitigation measures are duplicates or very similar to standard conditions of approval. In cases where a mitigation condition conflicts with another condition of approval, the stricter or more specific VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 condition shall apply, as determined by the Director of Community Development during the condition compliance review for each phase of development. 50 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 ATTACHMENT 1 MOORPARK COUNTRY CLUB ESTATES PROJECT MITIGATION MONITORING PROGRAM (To be added after City Council approves Final Mitigation Monitoring Program) 51 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. RPD -94 -1 CONDITIONS OF APPROVAL I. DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS Permitted Uses 1. The Residential Planned Development (RPD) Permit is granted for the land and project identified as Moorpark Country Club Estates Residential Project: General Plan Amendment No. 94 -1, Zone Change No. 94 -1, Phased Tentative Map No. 4928, and RPD Permit No. 94 -1. The location and design of all site improvements shall be as shown or described on the approved Vesting Tentative Map (Sheets 1 -4), RPD Permit conceptual landscape plans (Sheets 1 -4), Design Guidelines (Attachment 1), and approved mitigation monitoring program (Attachment 2), except or unless indicated otherwise herein in the following conditions. City and Other Agency Regulations 2. The design, maintenance, and operation of the permit area and facilities thereon shall comply with all applicable regulations of the RPD Zone and City Municipal Code, and all requirements and enactments of Federal, State, County, and City authorities, and all such requirements and enactments shall, by reference, become conditions of this permit. 3. 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. In instances where more than one set of rules apply, the stricter ones shall take precedence. Use Inauguration 4. Unless the project is inaugurated (rough grading and installation of major drainage systems, reclaimed water, sewer and potable water infrastructure, and "C" Street from Walnut Canyon Road to Grimes Canyon Road completed), not later than three (3) years after this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his discretion, grant up to one (1) additional year extension for project inauguration, as a Permit Adjustment, if there have been non- significant changes to adjacent land uses and if the Applicant /Developer can document that due diligence has been extended towards inauguration of the project during the initial three -year period. The request for extension of this entitlement shall be made at least 30 -days prior to the expiration date of the permit. 1 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 Transfer or Assignment of the Permit 5. A transfer of this Residential Planned Development Permit (RPD) shall not be effective until the name and address of the transferee and the date when such transfer shall take place, together with a letter from the new owner certifying agreement to comply with all conditions of this permit is filed with, and acknowledged in writing by the Director of Community Development. No later than ten (10 ) days after change of ownership or lessee of this property, the Director of Community Development shall be notified in writing, of the new owner or lessee. The same letter shall state that the new owner or lessee has read all conditions pertaining to this Permit and agrees with said conditions. Prohibited Uses /Modification to Permit 6. All facilities and uses other than those specifically requested in the application for Vesting Tentative Map No. 4928 and RPD Permit No. 94 -1 are prohibited. The location and design of all site improvements shall be as shown or described on the approved Vesting Tentative Map, and the attached Design Guidelines (Attachment 1). Other configurations, phasing, lot sizes or dimensions, or designs are prohibited unless an application for a Modification has been approved by the City of Moorpark. Any minor changes to this permit shall require the submittal of an application for a Minor Modification and any major changes to this permit shall require the submittal of a Major Modification as determined by the Director of Community Development. Severabilitv 7. If any of the conditions or limitations of this permit are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. Applicant /Developer Defense Costs 8. The subdivider shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the RPD Permit, 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 /Developer 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 /Developer shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers, and employees pursuant to this condition. 2 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 The City may, within its unlimited discretion, participate in the defense of any such claim, action, or proceeding if both of the following occur: a. The City bears its own attorney fees and costs; b. The City defends the claim, action, or proceeding in good faith. The Applicant /Developer shall not be required to pay or perform any settlement of such claim, action, or proceeding, unless the settlement is approved by the Applicant /Developer. The Applicant /Developer's obligations under this condition shall apply regardless of whether a Final Map is ultimately recorded with respect to the proposed RPD project. Acceptance of Conditions 9. The acceptance of this permit and /or commencement of construction and /or operations under this permit by the Applicant /Developer shall be deemed to be acceptance of all conditions of this permit and all City Council approved mitigation measures. Condition Compliance Costs 10. The Applicant /Developer shall pay all outstanding City case processing and environmental impact report related costs, prior to issuance of a grading permit, Final Map, and Zoning Clearance for each phase of development. Prior to approval of any grading, building encroachment, or other permit related to this entitlement, the Applicant /Developer shall also submit to the Department of Community Development a deposit to cover all costs incurred by the City for Condition Compliance and mitigation monitoring review of the proposed project. Environmental Ouality Assurance Proaram 11. The mitigation monitoring program shall be enforced through implementation of an Environmental Quality Assurance Program (EQAP) as recommended in the approved mitigation monitoring program. The EQAP shall be implemented through the City. The Applicant /Developer shall pay for 100 percent of the City's cost, including administrative fee, to hire a qualified consulting firm to monitor grading, construction, and mitigation compliance. General procedures governing the EQAP, which implement California Environmental Quality Act (CEQA) Mitigation Monitoring Requirements, shall govern this monitoring effort. Zoning Clearance 12. Prior to submittal of construction plans for plan check or initiation of any grading or other construction activity, a Zoning 3 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 Clearance shall be obtained from the Department of Community Development. Three complete sets of all final construction plans (including but not limited to grading and drainage plans; plot plans; signage, fencing, and wall plans; and landscaping and irrigation plans) shall be submitted to the Director of Community Development for Zoning Clearance review and approval. Hold Harmless Agreement 13. Prior to Zoning Clearance approval, construction plans may be submitted to the Building and Safety Department and City Engineer for plan check with a City approved Hold Harmless Agreement. Citywide Traffic Mitigation Fee 14. The Applicant /Developer shall pay a Citywide traffic mitigation fee of $3,000 per dwelling unit, prior to issuance of a Zoning Clearance to allow plans to be submitted for building permit plan check. Homeowners' Association Formation and OiDeration Requirements 15. Consistent with the requirements of Vesting Tentative Map No. 4928, this permit requires the preparation of Covenants, Conditions and Restrictions (CC &R's) and By -laws establishing a Homeowners' Association for the residential development. The CC &R's shall identify the maintenance responsibility for, but not limited to, maintenance of all streets, parkway and median landscaping, bus stops, and any common - shared driveways, all storm drains and channels, and any slope directly affecting drainage, or street facilities (collectively "Common Maintenance Areas "). Should the Association fail to maintain the Common Maintenance Areas, or any portion thereof, in a satisfactory manner, the Common Maintenance Areas, or portion thereof, shall be annexed, at the City's option, to an existing City assessment District. The total cost of the maintenance provided by the Assessment District shall be borne by the property owners within the entire Vesting Map No. 4928 area. CC &R's and Design Guidelines 16. The CC &R's shall also include all Vesting Tentative Map and RPD Permit conditions of approval, that have been identified by the Director of Community Development for inclusion, as well as the Design Guidelines. The final Design Guidelines for this RPD Permit shall be approved by the Director of Community Development at the time of review of CC &R's, which shall occur prior to the submittal of the CC &R' s to the State Department of Real Estate and any lot sales. The Homeowners' Association shall be responsible for monitoring compliance with the approved Design Guidelines for all new construction and remodeling within the development. The Director of Community Development shall ensure compliance with the Design Guidelines through review of all Zoning Clearance applications for residential construction. 4 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 CC &R Reauirements for Construction The following shall be included as requirements for construction in the Design Guidelines: a. 100 -Foot Easement: No structures of any kind or size, with the exception of drainage structures and infrastructure required by the City or other public agency, shall be allowed within the 100 -foot non - buildable, restricted -use easement, shown on the Vesting Tentative Map and required to be recorded in conjunction with Final Map approval. The landscaping within such easement shall be consistent with the Fire Hazard Reduction Program that is required to be prepared prior to recordation of Phase 1 of the Final Vesting Map (reference Ventura County Fire Prevention District conditions). b. California Administrative Code: All residential units constructed in the subdivision shall comply with Chapter 2 -53 of Part 2 and Chapter 4 -10 of Part 4, of Title 24 of the California Administrative Code. C. Earthquake Design Requirements: All habitable structures shall be designed according to the most recent UBC requirements to accommodate structural impacts from ground acceleration and maximum credible earthquake event. d. Drainage Between Lots: No structures, walls, or fences shall be erected which impede or restrict flow of drainage waters between lots. e. Roofing Materials: Use of wood or asphalt shingles as roofing materials shall be prohibited. f. Energy Saving Devices: All residential units shall be constructed employing energy saving devices. These devices are to include, but are not limited to the following: i. Ultra low flush toilets (to not exceed three and one -half gallons); ii. Low water use shower controllers as required by Title 24 of the Uniform Building Code shall be placed on all shower facilities; iii. Natural gas fueled stoves, ovens and ranges shall not have continuous burning pilot lights; iv. All thermostats connected to the main space heating source shall have night set back features; 6-1 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 V. To ensure closure when not in use kitchen ventilation systems shall have automatic dampers; and vi. Hot water solar panel stub -outs shall be provided. g. Exterior Building Materials and Colors: All exterior building materials and paint colors shall be approved by the Director of Community Development to ensure compatibility with the Design Guidelines and with adjacent development. h. Rain Gutters and Downspouts: Non - corrosive rain gutters and downspouts shall be provided on all sides of dwelling units. Water shall be conveyed to the street or drives, as determined by the drainage plan. i. Roof Equipment: All roof jacks and metal flashing shall be painted to match the roof color. Roof mounted equipment shall be prohibited. All deck drains shall drain to the side, not the front facing any private or public street. j. Solar Panels: Solar panels, such as for heating swimming pool(s), shall be subject to the approval of the Director of Community Development prior to the issuance of a Zoning Clearance. All solar panels shall be designed so as to be part of the overall design of the structure supporting it. k. Water Heater Vents: Water heater vents shall be located so as to not be visible from a front elevation viewpoint. 1. Stucco Finishes: Stucco finishes applied mechanically shall contain the smallest sand grit sizes feasible. Stucco finishes shall not be textured. The design objective of stucco application is to obtain a smooth trowel finish, to the degree feasible, without requiring hand troweling or dry - polishing during finish coat application. M. Parking and Driveway Requirements: A three (3) car garage, with a minimum inside dimension of 30 feet in width by 20 feet in length, and a minimum interior height of 8 feet, shall be provided for all single - family homes with driveway access onto "C" Street. In addition, every two lots fronting onto "C" Street shall have a shared curb -cut, as reflected on the Final Map. All other single - family dwellings shall have a minimum two (2) car garage with a minimum inside dimension of 20 feet in length and 20 feet in width, and a minimum interior height of 8 feet. n. Asbestos Prohibited: No asbestos pipe or construction materials shall be used in the development of homes associated with this permit. RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 o. Lighting Restrictions: Front and rear yard lighting restrictions shall be included to ensure compatibility with the surrounding rural neighborhoods. All exterior lighting shall be fully hooded and shielded. p. Graffiti Removal: Any graffiti on Homeowners' Association maintained property shall be removed within five (5) days from written notification by the City of Moorpark. All such graffiti removal shall be completed to the satisfaction of the City. q. Maintain Tract and Easement Notification Signage: Any neighborhood identification signage and any required signs notifying residents of an easement for future street extension shall be maintained by the Homeowners' Association in perpetuity, or in the case of the easement notification sign, shall be maintained until such time that the road is extended or the easement is relinquished by the City. r. Fire Protection Features: All structures adjacent to open space, around the perimeter of the project, shall be designed to satisfy at least a one hour fire - resistant rating. Such structures shall incorporate fire retarding features including, but not limited to, boxed -in eaves, reduced overhangs, double -paned windows, convection resistant roof design, non - combustible roofing material, and related design features. The County Fire Protection District shall review this component of the Design Guidelines prior to approval by the Director of Community Development. Gateway Entrance Monumentation Streetscape Standards and Neiahborhood Desi n Form 17. Both the eastern and western entrances to the proposed project shall provide residential community entry monumentation signage and appropriate landscaping at entry points. A sign program shall be submitted to the Director of Community Development for review and approval prior to the first residential occupancy. An orderly and consistent street tree planting program shall be required for both entranceways to provide a landscaping pattern that resembles a rural ranch entry road design. Trees shall be spaced at equal intervals or clustered as approved by the Director of Community Development. Recommended tree plantings for these entry points and along "C" Street shall include the non - natives typically used in ranch settings for entryways including pepper, eucalyptus, and olive trees. Other street tree plantings shall be consistent with the Ventura County Guide to Landscape Plans. The Director of Community Development shall review and approve all gateway, streetscape, and street tree planting programs for the project prior to Zoning Clearance for the first residential unit, and all such landscaping 7 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 for each approved phase shall be installed prior to the first occupancy for that phase. Ridae Setback and Planting 18. The eastern perimeter of the project shall be setback from the ridge system visible along Walnut Canyon. Landscaping around this ridge system, once it is restored, shall emphasize reestablishment of existing native and non - native habitat (such as naturalized ranch tree species). The landscaping program on the eastern perimeter shall emphasize restoration of the existing vegetation and on the west side, the program shall emphasize the use of variable sized tree lined streets to minimize the adverse effects of the urban design planned along this perimeter. Bermina 19. For lots 1, 2, 3, 28, and 29 of Vesting Map No. 4928, the rough grading plan shall include a contoured berm that will screen views of homes on these lots from Walnut Canyon Road. The Design Guidelines and CC &R's shall include a requirement that the homes on the above referenced lots be one -story with a maximum height of 25 feet, and that the landscape plan for these lots shall emphasize screening views of homes and project grading from Walnut Canyon Road. A condition of approval for the Vesting Tentative Map No. 4928 requires that the east facing slope areas for lots 1, 2, 3, and 216 shall be incorporated into golf course lot No. 218 and maintained by the east golf course operator. Non - Buildable, Restricted -Use Easement (Agricultural /Land Use Buffer) 20. The CC &R's and Design Guidelines shall include reference to the recorded easement shown on the Vesting Tentative Map as a 100 -foot, non - buildable, restricted -use easement. No structures of any kind or size shall be allowed within the 100 -foot easement, and the landscaping within such easement shall be required to be consistent with the Fire Hazard Reduction Program that will be prepared prior to recordation of Phase 1 of the Final Vesting Map. Deed Restriction 21. The Applicant /Developer shall record a deed restriction intended to inform all prospective buyers of residential lots of the restrictions of the 100 -foot non - buildable, restricted -use easement and of the adjacent agricultural operations. Prior to issuance of a Zoning Clearance for the first residential structure, the Applicant /Developer shall submit to the Director of Community Development proof of said deed restriction recordation and home buyer acknowledgement. RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 Residential Architectural Desian Standards and Guidelines 22. Detailed information about residential project design features for each residential structure or for each phase of development shall be submitted to the Director of Community Development for review and approval. This detailed information shall comply, to the extent feasible, with the design guidelines and development standards contained in the City's Hillside Management Ordinance. The framework for RPD Permit Design Guidelines is provided in Attachment 1 to these conditions. Final details concerning landscaping, streetscape, the architecture of residential units, lighting, and all other Design Guideline subjects shall be provided to the Director of Community Development for review and approval at the time of review of proposed CC &R's and prior to lot sales. The street widths, streetscape patterns, lighting, and parkway concept for the residential areas shall assure a decidedly rural aesthetic. Accomplishment of this objective may involve providing for rolled curbs, low intensity decorative lighting along minor streets, a parkway street section (rather than a typical subdivision pattern), the use of decorative, rural boundary fencing along streets, and other features. Liahtina Restrictions 23. Street lighting and rural lot lighting standards shall be as specified in the Design Guidelines and approved mitigation monitoring program and shall be incorporated into the project photometric plans. Entrance lighting along project access roads shall be compatible with the surrounding rural neighborhoods. Low intensity night lighting shall be required within the streetscape; however, at intersections, brighter lighting complying with County and City intersection safety standards shall be required. Front and rear yard lighting restrictions for residential properties shall be included in the project CC &R's and Design Guidelines. Landscaping Requirements for Common Maintenance Areas 24. Prior to the recordation of each applicable phase of development, two (2) sets of Landscaping and Irrigation Plans, together with a maintenance program, shall be prepared by a State - licensed Landscape Architect for the Common Maintenance Areas for the tract. The plans shall be in accordance with the Ventura County Guide to Landscape Plans, and applicable City policies, plans and ordinances, and shall be submitted to the Director of Community Development for review and approval. The Applicant /Developer shall bear the full cost of plan review, installation, and final inspection. The landscaping for the Common Maintenance Areas in each approved phase of development shall be installed and receive final inspection and approval prior to the first occupancy in each phase. (The landscaping for "C" Street is required to be installed prior to the first golf course occupancy; 9 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 however, if residential development precedes golf course construction, the landscaping for "C" Street shall be installed and receive final inspection and approval prior to the first residential occupancy.) The landscape plan shall include planting and irrigation specifications for manufactured slopes over three (3) feet in height, and all common areas proposed to be maintained by the Homeowners' Association. The purpose of the landscaping shall be to control erosion, prevent aesthetic impacts to adjacent property owners, mitigate the visual impacts of all manufactured slopes three (3) feet or more in height, replace mature trees lost as a result of construction, and provide a landscaping pattern along the streets and entranceways that resembles a rural ranch design. The Landscaping and Irrigation Plans shall include landscaping specifications, planting details, and design specifications consistent with the following requirements: a. Irrigation: All landscaped areas shall have an irrigation system. The City's landscape architect shall certify in writing that the landscape and irrigation system have been installed in accordance with the approved Landscape and Irrigation Plans. b. Tree Report: The information contained in the Final Vesting Map No. 4928 Tree Report, regarding which trees are to be saved or retained on the site, shall be noted on the landscape plan. C. Tree Replacement: The landscape plan for "C" Street and the entranceways at Walnut Canyon and Gabbert Canyon Roads shall specify how trees removed during the rough and fine grading phases of the project will be replaced in accordance with Municipal Code requirements. d. Streetscape Elements: The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths within the limit of the RPD Permit. e. Tree Planting: A sufficiently dense tree planting plan emphasizing tall growing trees and /or shrubs shall be designed. Planting shall be planned to achieve shade and screening in a three (3) to five (5) year time period. A minimum of 25 percent of the trees shall be 24 inch box size and a minimum of 25 percent shall be 36 inch box size. In addition, recommendations regarding planting, that are included in the mitigation monitoring program, shall be incorporated to the degree feasible into the screening plan. The size of the trees to be planted shall be subject to approval of the Director of Community Development. 10 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 f. Dominant Street Tree: A coordinated tree planting program shall be developed which will provide a dominant street tree within the components of the proposed development. Dominant street trees shall vary between residential streets to provide aesthetic diversity within the development. g. Landscaping Near Intersections: Landscaping near street intersections shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. h. Landscaping Within Median and Parkways: Landscaping within any median or parkway shall be designed so as to not obstruct the view of any exterior door or window from the street. i. Trees Prohibited Under Street Lights: Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. j. Equipment Screening: Backflow preventers, transformers, or other exposed above grade utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and /or a wall. k. Maintenance and Replacement: The Applicant /Developer shall be responsible for maintaining the irrigation system and all Common Maintenance Area landscaping, and shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the approved landscape plan, until such time that a Homeowner's Association assumes such responsibilities. 1. Maintenance Easements: The Applicant /Developer shall agree to provide the necessary maintenance easements to the City for those designated landscape areas as determined by the City. The Applicant /Developer shall maintain the right to protest the amount and spread of any proposed assessment in relation to the formation of a landscape maintenance assessment district, if and when created by the City. The Applicant /Developer shall record a covenant to this effect. m. Irrevocable Offer of Dedication: The Applicant /Developer shall provide an irrevocable offer of dedication of easements adjacent to public and private roads for all slope areas adjacent to roadways that are proposed to be landscaped. n. Native and /or Drought Tolerant Plantings: The use of native and /or drought - tolerant shrubs and trees shall be utilized for landscaping purposes in order to stabilize graded slopes and encourage the return of some wildlife species displaced from the project site as a result of grading activities. 11 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 o. Exotic Plants Prohibited: Exotic plants which are known to spread beyond their original plantings and invade native habitats such as Pampas Grass, Spanish Broom, and Tamarisk shall not be used. p. Turf Plantings: Any turf plantings shall be drought tolerant, low water -using varieties. q. Code Enforcement: The continued maintenance of the Common Maintenance Areas shall be subject to periodic inspection by the City. The Applicant /Developer or responsible Homeowners' Association shall be required to remedy any defects in ground maintenance, as indicated by the Code Enforcement Officer within five (5) days after notification. Surety for Rough Grading 25. A rough grading permit shall not be approved until the City Engineer and the Director of Community Development approve the acceptance of a Performance Bond to guarantee implementation of the erosion control plan, implementation and maintenance of habitat restoration (as required by the mitigation monitoring program), construction of "C" Street and drainage improvements, and to guarantee full recordation of the Final Vesting Map for the entire Project site. In the case of failure to comply with this condition, the City Council may by resolution declare the surety forfeited. Upon completion of rough grading and erosion control plan compliance, and following recordation of all phases of the Final Vesting Map, to the satisfaction of the City, the City Council may reduce the amount of the bond; however, the bond must be kept in full effect for a minimum of one year following rough grading to ensure adequate erosion control and revegetation. Surety for Common Maintenance Area Improvements 26. No Zoning Clearance shall be issued for grading or other construction activities, until all on -site improvements specified in this permit have been provided, or the Director of Community Development approves the acceptance of a Performance Bond to guarantee the construction, installation, and maintenance of Common Maintenance Area improvements including, but not limited to perimeter tract walls (including stucco treatment), fences, median and parkway landscaping, slope planting, irrigation, and other landscape improvements. On -site improvements shall be completed within 120 days of issuance of the first Certificate of Occupancy for each phase. In case of failure to comply with any term or provision of this condition, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the City, the City Council may reduce the amount of the bond; however, the bond must be kept in 12 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 full effect for one year after the last occupancy to guarantee that items such as, but not limited to, perimeter tract walls, including stucco treatment, landscaping, fences, slope planting or other landscape improvements are maintained. Surety for Reclaimed Water Facilities and Infrastructure 27. Reclaimed water shall be used for all common area landscaping irrigation. Prior to rough grading permit approval, the City Engineer shall require a surety bond for the construction of the reclaimed water facilities and infrastructure. Landscaping Requirements for Individual Residential Lots 28. The CC &R's and Design Guidelines shall include landscaping requirements for each residential property. Prior to the issuance of a Zoning Clearance for each residential unit or phase of residential development, three sets of Landscaping and Irrigation Plans shall be submitted to the Director of Community Development for review and approval. The Landscaping and Irrigation Plans shall be prepared by a State - Licensed Landscape Architect and shall be in accordance with the Ventura County Guide to Landscape Plans, and applicable City policies, plans and ordinances. The applicant shall bear the full cost of plan review and final inspection. The Landscaping and Irrigation Plans shall include landscaping specifications, planting details, and design specifications consistent with the following requirements: a. Landscaping Near Intersections: Landscaping near street intersections shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. b. Security: Landscaping shall be designed so as to not obstruct the view of any exterior door or window from the street. C. Trees Prohibited Under Street Lights: Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. d. Irrigation: Irrigation shall be provided for all permanent landscaping, as identified in the approved landscape plan. The CC &R's shall include landscape maintenance requirements for homeowners, including replacement of any dead plants, and any necessary repairs to the irrigation system, consistent with the approved landscape plan. e. Exotic Plants Prohibited: Exotic plants which are known to spread beyond their original plantings and invade native 13 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 habitats such as Pampas Grass, Spanish Broom, and Tamarisk shall not be used. f. Turf Plantings: Any turf plantings shall be drought tolerant, low water -using varieties. Height of Perimeter Property Line_Fencina /Walls 29. A perimeter boundary fencing /wall plan is required to be submitted for the Director of Community Development's approval, prior to approval of the first phase of Final Vesting Map No. 4928. Boundary perimeter fencing or walls shall be installed prior to the first residential occupancy in each phase. The perimeter boundary fencing adjacent to agricultural zoned property shall be chain -link and a minimum of 8 feet in height to discourage vandalism and trespassing. Location of Property Line Fencina /Walls 30. All property line fencing or walls shall be constructed consistent with the Design Guidelines requirements, and shall be no further than one inch from the property line. Noise Manaaement 31. The interior noise levels of dwelling units on lots adjacent to collector "Street C" shall conform with the noise insulation standards of Chapter 1, Article 4, Section 1092 of Title 25 of the California Administrative Code. Noise source levels shall be based upon the traffic volumes projected along this collector street and adjacent roadways (Walnut Canyon and Grimes Canyon) as predicted in the traffic technical report in the environmental document for this project. Determination as to whether the architectural design for these dwelling units complies with this condition shall be made by the Building Department and Director of Community Development prior to the issuance of building permits. General Grading Seauence 32. Rough and fine grading permits shall be required to complete construction of required residential and golf course infrastructure and lots: 1) a mass or rough grading permit may be approved prior to recordation of Phase 1 of the Final Vesting Map, subject to submittal and approval of a grading agreement, compliance with other conditions of approval, and provision of surety as required by City to guarantee "C" Street improvements, reclaimed water and drainage improvements, mitigation measures, landscaping and erosion control measures, and any other required improvements as determined by the Director of Community Development and City Engineer; and 2) subsequent fine or precise grading permits shall be issued for individual phases of the Final Vesting Map. 14 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 Contour Gradina 33. Rough and fine grading plans must conform with the principals of contour grading. Manufactured landforms shall be contoured and use daylight grading techniques to provide a smooth and gradual transition of graded and natural slopes, while preserving the basic character of the surrounding ridgelines of the site. All grading plans for lots shall be reviewed for compliance with these principals by the Director of Community Development and the City Engineer. Also, the grading plan shall indicate the manner in which the graded slopes shall be blended with the natural slope of the site. Temporary Irriaation for Erosion Control Landscaping 34. Temporary irrigation shall control landscaping until unless otherwise approved Temporary irrigation mus prior to issuance of a unless drought tolerant irrigation. Stabilize Slopes be provided for all non permanent erosion it is replaced with permanent irrigation by the Director of Community Development. t be replaced with permanent irrigation Zoning Clearance for the first building plants selected do not require permanent 35. Planned vegetation, irrigation, structures, roadways, paths, and continuing maintenance programs shall be used to stabilize manufactured slopes. Aesthetic Treatment of Manufactured Slopes 36. Suitable quantities of trees massed near the landform crest and shrubs of varying sizes on graded slopes shall be used to screen structures and to soften the visual appearance of the manufactured slopes. Drainaae Structures 37. Concrete drainage structures shall be tan colored concrete and, to the extent possible, shall incorporate natural structure and landscape to reduce their visibility. Water Tanks 38. Prior to approval of Phase 1 of the Final Vesting Map, the Applicant /Developer shall work with Waterworks District 1 to ensure that any water tank on the project site shall be painted an earthtone color, such as tan, and screened with landscaping to minimize visual impacts. The tank color and landscaping plan shall be approved by the Director of Community Development prior to installation. 15 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 Calleguas Municipal Water District Release 39. Prior to issuance of the first Zoning Clearance for each Phase of development permitted under Vesting Map entitlements, the developer shall demonstrate by possession of a District Release from the Calleguas Municipal Water District that arrangements for payment of the Construction Charge applicable to the proposed project have been made. The Applicant /Developer shall also be required to comply with Ventura County Waterworks Rules and Regulations, including payment of all applicable fees. Cross Connection Control Devices 40. At the time water service connection is made for each project, cross connection control devices shall be installed for the water system in a manner approved by the County Waterworks District No. 1. Television Cable Service 41. Television cable service shall be provided to all residential units consistent with City cable system requirements. Undergrounding of cable wires is required and no lines shall be allowed to be extended along the exterior walls of the residential buildings. Undergroundina of Utilities 42. All proposed utility lines designed to serve the proposed project, both within and immediately adjacent to the project site, shall be placed underground to the nearest off -site utility pole. This requirement shall not include the high voltage transmission lines situated in dedicated easements crossing the subject property. All existing utilities shall also be undergrounded to the nearest off -site utility pole with the exception of 66 KV or larger power lines. This requirement for undergrounding includes all above - ground power poles on the project site as well as those along the frontage of the site adjacent to Walnut Canyon and Grimes Canyon Roads. Declaration of Public Nuisance 43. The Director of Community Development may declare a development project or individual property that is not in compliance with the Conditions of Approval, or for some other just cause, a "public nuisance ". The Applicant /Developer, Homeowners' Association, or each individual property owner, as applicable, shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the Conditions of Approval or applicable codes. The City may enact special assessment proceedings against the parcel of land upon which the nuisance existed to pay all City costs related to abatement of the nuisance (Municipal Code Section 1.12.080). Ev. RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 Unconditional Will Serve Letter 44. Prior to issuance of a building permit for any phase of the project, an "Unconditional Will Serve Letter" for water and sewer service shall be obtained from the Ventura County Waterworks District No. 1. School Assessment Fees 45. Prior to issuance of a building permit for any phase of the Project, the Applicant /Developer shall pay all school assessment fees levied by the Moorpark Unified School District. II. CITY ENGINEER CONDITIONS OF APPROVAL PRIOR TO ISSUANCE OF A GRADING PERMIT FOR ROUGH GRADING, THE FOLLOWING CONDITIONS SBALL BE SATISFIED: 46. The Applicant /Developer shall have received City Council approval for all phases of Tract Map 4928 and the staged grading exhibit and schedule. General Requirements PRIOR TO OCCUPANCY OF THE FIRST RESIDENTIAL UNIT, TIE FOLLOWING CONDITIONS SHALL BE SATISFIED: 47. All phases of Tentative Tract 4928 must be recorded per the approved phasing plan. 48. All habitable structures shall have been designed according to the most recent UBC requirements to accommodate structural impacts from ground acceleration and a maximum credible earthquake event. 49. All FEMA Maps shall have been updated or a letter of Map revision issued for those areas in the Flood plain altered by construction of this project. Street Improvements 50. The final design for the project entrance(s) shall be reviewed and approved by the Director of Community Development Department and City Engineer prior to the issuance of a zone clearance for the first residential dwelling unit. Walnut Canyon Road 51. Prior to occupancy of the first residential unit of Tract 4928, the developer shall have improved Walnut Canyon Road. 17 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 Grimes Canyon Road 52. Prior to occupancy of the first residential unit of Tract 4928, construction modifications to Grimes Canyon Road and the Grimes Canyon Road / "C" street intersection are required to be completed. 53. Prior to occupancy of the first residential unit of Tract 4928, the intersection improvements to the Grimes Canyon Road and the Grimes Canyon /Highway 118 (Los Angeles Avenue) intersection shall be completed. Interior Streets 54. Prior to occupancy of the first residential unit of Tract 4928, "C" Street shall be completed. 55. All interior streets shall be completed as the phasing plan requires and as directed by the City Engineer. Utilities 56. Utilities, facilities and services for the project area shall have been extended and /or constructed in conjunction with its phased development by the master developer as the project proceeds. 57. Installation of all electrical, natural gas, telephone and provision for solid waste collection services and cable television to the Project Area will be completed. Solid waste collection will be provided by private companies as regulated by the City. These services will be phased in conjunction with development of the project area. DURING CONSTRUCTION, = FOLLOWING CONDITIONS SID1LL APPLY: 58. Grading may occur during the rainy season from October 15 to April 15 if approved by the City of Moorpark and subject to installation of debris and erosion control facilities. Erosion control measures shall be in place and functional between October 15th and April 15th. Along with the erosion control measures, hydroseeding of all graded slopes shall be required within 30 days of completion of grading. 59. That prior to any work being conducted within the State, County, or City right of way, the subdivider shall obtain all necessary encroachment permits from the appropriate Agencies. 60. Work conducted during the school year shall be coordinated with the Moorpark Unified School District and the City Engineer. 18 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 61. All trucks importing or exporting fill to or from the Tract shall use tarpaulins to cover the load and shall operate between the hours of 9 a.m. to 5 p.m. on weekdays only. As an option the haul material may be watered in lieu of covering (if approved by the City Engineer). 62. All unimproved areas with vehicle traffic shall be watered periodically and the vehicle speed shall be limited to 15 mph. 63. During site preparation and construction, minimize disturbance of natural groundcover on the project site until such activity is re- quired for grading and construction purposes. 64. During clearing, grading, earth moving or excavation operations, dust emissions should be controlled by regular watering, paving con- struction roads and other dust prevention measures. The Applicant /Developer shall submit a dust control plan, acceptable to the city, concurrently with submittal of the rough (as opposed to the fine) grading plan. This plan shall include, but is not be limited to the following measures: a. Water all site access roads and material excavated or graded on or off -site to prevent excessive amounts of dust. Watering shall occur at least two times daily, preferably in the late morning and after the completion of work for the day. b. Cease all clearing, grading, earth moving, or excavation operations during periods of high winds (15 mph or greater in one hour) . The contractor shall maintain contact with the APCD meteorologist for current information about average wind speeds. C. Water or securely cover all material transported off -site and on -site to prevent excessive amounts of dust. d. Minimize the area disturbed at any one time by clearing, grading, earth moving and excavation so as to prevent exces- sive amounts of dust. e. Keep all grading and construction equipment on or near the site, until these activities are completed. f. Wash off heavy -duty construction vehicles before they leave the site. g. Apply nonhazardous chemical stabilizers to all inactive portions of the construction site. When appropriate, seed exposed surfaces with a fast - growing, soil- binding plant to reduce wind erosion and its contribution to local particulate levels. 19 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 h. Observe a 15 mile per hour speed limit for the construction area. i. Periodically sweep public streets in the vicinity of the site to remove silt (i.e., fine earth material transported from the site by wind, vehicular activities, water runoff, etc.) which may have accumulated from construction activities. 65. The developer shall request that all employees involved in grading operations on the project wear face masks to reduce the inhalation of dust which may contain the fungus which causes San Joaquin Valley Fever. 66. Maintain equipment engines in good condition and in proper tune as per manufacturers' specifications to prevent excessive emissions. 67. All diesel engines used in construction equipments should use high pressure injectors. 68. All diesel engines used in construction equipments should use reformulated diesel fuel. 69. During smog season (May- October) the City shall order that con- struction 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. 70. During site preparation and construction, construct temporary storm water diversion structures per City of Moorpark standards. 71. 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. 72. Immediately surrounding property owners shall be notified in writing on a monthly basis of construction schedules involving major grading. 73. Construction activities shall be limited to between the following hours: a) 7:00 a.m. and 7:00 p.m. Monday through Friday, b) 9:00 a.m. to 5:00 p.m. Saturday. Saturday construction will be permitted with these hour restrictions if complaints from adjacent neighborhoods are minimal. No work to be done on Sundays pursuant to ordinance #149. 74. Truck noise from hauling operations shall be minimized through establishing hauling routes which 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 approved by the City Engineer. 20 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 75. The developer shall ensure that construction equipment is fitted with modern sound - reduction equipment. 76. Equipment not in use for more than ten minutes should be turned off. 77. The fuel injection grading of all diesel engines used in construction equipment should be retarded two degrees from the manufacturer's recommendation. 78. Construction grading should be discontinued on days for first stage ozone alerts (concentration of 0.20 ppm) as indicated at the Ventura County APCD air quality monitoring station closest to the City of Moorpark. Grading and excavation operations should not resume until the first stage smog alert expires. 79. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriff's Department, and the City Construction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 80. The subdivider shall utilize all prudent and reasonable measures (including installation of a 6 foot high chain link fence around the construction sites or provision of a full time licensed security guard) to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury. PRIOR TO ACC.CPTANCE OF PUBLIC ZWROVMO NTS AND BOND EXONERATION, THE FOLLOWZVG CONDITIONS SBALL BE SATISFIED: 81. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 82. The Applicant /Developer shall file for a time extension with the City Engineer's office at least six weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required will be in conformance with the applicable ordinance section. 83. A copy of the recorded Map(s) shall be forwarded to the City Engineer for filing. 84. Sufficient surety in a form acceptable to the City guaranteeing the public improvements pertinent to each phase shall be provided. 85. All surety guaranteeing the public improvements shall remain in place for one year following acceptance by the City. Any surety bonds that are in effect three years after final map approval or 21 issuance of the first building permit shall be increased an amount equal to of greater than the consumers price index (Los Angeles /Long Beach SMSA) for a period since original issuance of the surety and shall be increased in like manner each year thereafter. 86. Original "as built" plans will be certified by the developer's civil engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 36 ", they must be resubmitted as "as builts" in. series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as builts" plans is required before a final inspection will be scheduled. III. CITY OF MOORPARK POLICE DEPARTMENT CONDITIONS CONSTRUCTION SITE SECURITY DURING GRADING OPERATIONS AND DURING CONSTRUCTION OF INDIVIDUAL RESIDENTIAL UNITS: 87. A licensed security guard is required during the construction phase, unless a 6 foot high chain link fence is erected around the construction site. 88. Construction equipment, tools, etc., shall be properly secured during non - working hours. 89. All appliances (microwave ovens, dishwashers, trask compactors, etc.) shall be properly secured prior to installation during non- working hours. All serial numbers shall be recorded for identification purposes. 90. If an alarm system is used, it shall be wired to all exterior doors, windows, roof vents or other roof openings where access may be made. 91. Contractors and sub - contractors shall contact the Moorpark Police Department for "Tailgate" meetings regarding loss prevention on the work site. PRIOR TO ZONING CLEARANCE /BUXLDING PERMIT: 92. Lighting plans showing the type and location of all lighting devices shall be submitted to the Police Department for review and approval. 93. At major and minor entrances and any where a wall exists, the area directly in front of the wall shall be planted with security planting to prevent graffiti. 94. Front door entrances or entrance areas shall be visible from the street. PRIOR TO ISSUANCE OF AN OCCUPANCY PERMIT, THE FOLLOWING CONDITIONS SIDILL BE SATISFIED: 22 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 95. The address shall be clearly visible to approaching emergency vehicles, a minimum of 6 inches in height, and illuminated during hours of darkness. 96. All exterior doors shall be constructed of solid wood core, a minimum of 1 and three quarters inches thick, or of metal construction. Front sliding glass doors are acceptable but should be visible to the street. 97. Doors utilizing a cylinder lock shall have a minimum five (5) pintumbler operation with the locking bar or bolt extending into the receiving guide a minimum of 1 -inch deadbolt. 98. No easy exterior access to the roof area of any structure, i.e. ladders, trees, high walls, etc. shall be permitted. 99. If an alarm system is used, it shall be wired to all exterior doors and windows and to any roof vents or other roof openings where access may be made. 100. Peep holes and secondary locking devices shall be placed on all entry doors. 101. Upon occupancy by the owner or proprietor, each single unit in the development constructed under the same Residential Planned Development, shall have locks using combinations which are interchanging free from locks used in all other separate proprietorships or similar distinct occupancies. IV. VENTURA COUNTY FIRE PREVENTION DISTRICT CONDITIONS Fire Hazard Reduction Program 102. Prior to issuance of a grading permit or Zoning Clearance for any building permit, the Applicant /Developer shall retain a certified fire management professional to prepare a Fire Hazard Reduction Program; this program shall be prepared in consultation with the County Fire Protection District and shall be approved by the Director of Community Development. The certified fire management professional shall be familiar with the objectives of fuel management in wildland -urban interface. A native plant specialist shall participate in the development of the fuel management program. The program shall apply to the 100 -foot non - buildable easement required by Vesting Tentative Map No. 4928 and all golf course property within 100 feet of all structures (or as amended by the certified fire professional based on fuel modification factors). a. The vegetation management requirements of the plan shall be clearly defined. The proposed Moorpark Country Club Estates Homeowners Association shall be responsible for implementing 23 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 this program in perpetuity for Common Maintenance Areas. Fuel modification zones are proposed to be retained in as natural a state as safety and fire regulations will permit. b. The fuel modification zone shall be provided within 100 feet of all structures. The zone will be designed by and planted under the supervision of a landscape architect with expertise in native plant materials and habitat restoration, with the approval of the Director of Community Development, to appear as a transition between the built environment and natural open space. C. Within the modification zone, native and non - native high -fuel vegetation will be removed and replaced with low -fuel vegetation. The height of plant materials will be kept to a minimum. Planting requirements include a combination of trees, shrubs, and groundcover. Irrigation will not be provided, except in established wet zones, unless necessitated by the plant materials used. 103. During all grading and site clearance activities, earth moving equipment shall be equipped with spark arrestors and at least two fire extinguishers. All equipment used in the vegetation clearance phase shall be equipped with spark arrestors and best available fire safety technology. The vegetation clearance activities shall be coordinated with and approved by the County Fire Prevention Division. 104. All equipment and material staging activities shall be coordinated with the County Fire Prevention Division. Fire prone construction activities shall be prohibited during "Santa Ana" wind conditions. 105. If deemed necessary by the District, prior to recordation of the first phase of the Final Vesting Map, the project shall include a helispot and associated fire suppression equipment storage. Any required heliport facilities shall be indicated on the Final Vesting Map for the project. 106. All grass or brush exposing any structures shall be cleared for a distance of 100 feet prior to framing. 107. An approved spark arrester shall be installed on all chimneys. Road and Driveway Reauirements 108. Complete circulation shall be provided for each phase of the development. Each phase shall stand alone, meeting all requirements for access, without depending on future development of neighboring phases to complete second access or water requirements. 24 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 109. The collector road system proposed for the project shall be reviewed and approved by the Ventura County Fire Protection District prior to issuance of grading permits. 110. Access roads shall be installed with an all weather surface, suitable for access by Fire Department apparatus. A minimum clear street width of 36 feet shall be provided. Cul -de -sacs shall be a minimum of 32 feet wide. 111. The access roadway(s) shall be extended to within 150 feet of all portions of the exterior walls of the first story of any building. Where the access roadway cannot be provided, approved fire protection system or systems shall be installed as required and acceptable to the Fire District. 112. Access roads shall not exceed 15 percent grade. 113. Approved turn around areas for fire apparatus shall be provided where the access road is 150 feet or more from the main project collector. Cul -de -sacs shall have a minimum diameter of 80 feet. 114. Any gates to control vehicle access are to be located to allow a vehicle waiting for entrance to be completely off the public roadway. The method of gate control shall be subject to review by the Bureau Fire Prevention. A minimum clear open width of 15 feet in each direction shall be provided. If gates are to be locked, a Knox System shall be installed. 115. Prior to recordation of Phase 1 of the Final Map, proposed street names shall be submitted to the Fire Department Communication Center for review and comment. 116. Street name signs shall be installed in conjunction with the road improvements. The type of sign shall be in accordance with Plate F -4 of the Ventura County Road Standards. 117. All driveways shall have a minimum vertical clearance of 13 feet 6 inches, and this requirement shall be included in the CC &R's /Design Guidelines. Fire Hydrant /Fire Flow Reauirements 118. Prior to recordation of the first phase of residential development, the Applicant /Developer shall provide verification that the water purveyor can provide the required volume /fire flow for the project. 119. Prior to construction, the Applicant /Developer shall submit plans to the Ventura County Bureau of Fire Prevention Division for the approval of the location of fire hydrants; all hydrants shall be shown on the plan that are situated within 300 feet of the perimeter of the residential development. 25 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 120. A minimum fire flow of 1,000 gallons per minute at 20 psi shall be provided. The location and capacity of all water storage and conveyance facilities shall be reviewed and approved by the District prior to the recordation of the Final Map and prior to the issuance of building permits. 121. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the County Water Works Manual. These standards specify: a. Each hydrant shall be a 6 inch wet barrel design, and shall have one 4 inch and one 2 li inch outlet. b. The required fire flow shall be achieved at no less than 20 psi residual pressure. C. Fire hydrants shall be spaced 300 feet on center, and so located that no structure will be farther than 150 feet from any one hydrant. d. Fire hydrants shall be set back in from the curb face, 24 inches on center. 122. All grass or brush exposing any structures shall be cleared for a distance of 100 feet prior to framing. 123. An approved spark arrester shall be installed on all chimneys. California Administrative Code (Title 24- Section 2.1217 Requirements 124. Portions of this development may be in a hazardous fire area and those structures shall meet hazardous fire area building code requirements. 125. The Design Guidelines shall include a requirement that prior to preparation of building plans for new residential structures or additions to existing structures, the architect shall obtain VCFD Form No. 126, "Requirements for Construction." V. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITIONS 126. Prior to City approval of any grading permit for the project, the Applicant /Developer and the District shall enter into a contract for the relocation and /or modification of the existing wells on the property. The relocation plan shall address well locations, provisions for drilling additional wells if necessary (if existing wells are damaged during construction), relocation of conveyance structures, and other matters of mutual concern. A copy of the approved contract shall be submitted to the City. The 26 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 Applicant /Developer shall be responsible for complying with all terms and conditions of the relocation contract. 127. Prior to issuance of a grading permit, the proposed infrastructure plan for the project shall be designed to place all required sewer and reclaimed water conveyance facilities in the Gabbert Canyon alignment. The Applicant /Developer shall obtain all necessary right -of -way and easements to install the required infrastructure in this alignment. The City may assist with the acquisition of such easements. 128. Prior to issuance of a Zoning Clearance for a building permit, the applicant for service shall comply with the Ventura County Waterworks District No. 1 "Rules and Regulations" and any subsequent additions or revisions thereto. Ultra low plumbing fixtures are required in all new construction. Any requirements by the Fire Protection District, that are greater than Waterworks District No. 1 existing facilities are the responsibility of the Applicant /Developer. 129. Waterworks District No. 1 has an existing water transmission line, which shall be relocated at Applicant /Developer's cost, as approved by the District. 130. The Applicant /Developer shall be responsible to construct and pay for the required in -tract and off -site water, reclaimed water and sewer improvements necessary to serve the property. 131. Applicant /Developer shall be required to pay all applicable water capital improvement fees and sewer connection fees in accordance with the District's Rules and Regulations. VI. VENTURA COUNTY FLOOD CONTROL AND WATER RESOURCES DEPARTMENT CONDITIONS (The Flood Control District provided no conditions of approval for the project. Therefore, the following conditions contained in the approved mitigation monitoring program shall be deemed to satisfy the concerns of thi s agency.) 132. Prior to approval of any grading permit and recordation of the first phase of Final Vesting Map No. 4928, a Master Drainage and Flood Control Improvement Plan shall be prepared. This Plan shall identify all required drainage and flood control improvements necessary to implement the proposed project, and shall be prepared in consultation with the Moorpark City Engineer and the Ventura County Flood Control District to facilitate required interagency coordination. The Plan shall identify all major improvements and typical drainage facilities for both residential and golf course portions of the project. The capacity, location, and size of all 27 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 culverts, collection devices, energy dissipaters, and related improvements shall be designed to the satisfaction of the City Engineer and Flood Control District. Capacity details for the construction of the on -site detention basin and improvement of the existing debris basin in Gabbert Canyon shall be included in the Master Improvement Plan. All necessary permits required to implement the Improvement Plan shall be obtained from the County Flood Control District prior to City issuance of a permit for rough grading. The Master Plan shall identify what improvements must be completed coincident with the initiation of rough grading. 133. A Bank Protection Plan shall be prepared to address potential hazards to residences and components of the golf course situated within the potential hazard limits of Gabbert Canyon Creek. This Plan shall be prepared after review and approval of the Master Drainage and Flood Control Improvement Plan (Mitigation Measure 1 above) . The bank protection devices incorporated into this Plan shall, to the degree feasible, emphasize the use of "soft" surface improvements (such as gabions, erosion control matting, buried retention features, and similar devices) to minimize modifications to the existing channel. Potential locations for hazard remediation shall be identified on the Plan. Modifications to the Plan required by the City Engineer or the Ventura County Flood Control District shall be made as requested. The Bank Protection Plan shall also be reviewed by the Department of Fish and Game for compliance with 1603 Permit requirements. An approved Bank Protection Plan shall be completed prior to recordation of the first phase of the Final Vesting Map and prior to issuance of any building permits for residential structures. 134. Sediment yields in the watersheds within the project boundary shall be computed for pre- development and post - development conditions in accord with methods outlined in Erosion and Sediment Yields in the Transverse Ranges, Southern California (United States Geological Survey, 1978). These estimates of sediment yield shall be completed prior to initiating final design of modifications to the existing debris basin facility situated in the Gabbert Canyon Drainage south of the project boundary. 135. If required by the Master Drainage and Flood Control Improvement Plan, improvements to the permanent debris basin in the Gabbert Canyon watershed shall be made, which will be sufficient to reduce estimated sediment generation to pre - development levels. Modifications to this debris basin shall be made in conjunction with commencement of rough grading operations for the proposed golf courses. The design of modifications to this basin shall be reviewed and approved by the Ventura County Flood Control District. All improvements to the basin shall be completed prior to the first rainy season to occur after rough grading has commenced. Implementation of these off -site project drainage mitigation W RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 measures and construction of off -site drainage improvements are subject to review and approval by the City Engineer and the Ventura County Flood Control District. The City Engineer and the Ventura County Flood Control District may approve alternative on -site methods to comply with the impacts which are proposed to be mitigated by the aforementioned mitigation measures. 136. Basin maintenance shall be provided under an agreement satisfactory to the Flood Control District. An improvement and maintenance cost agreement between the Applicant /Developer and the District shall be required prior to the issuance of initial grading permits or recordation of the Final Tract Map (whichever occurs first). 137. Prior to the issuance of a rough grading permit, the Applicant /Developer shall have prepared an Erosion and Sediment Control Plan to address construction impacts and long term operational effects on downstream environments and watersheds. This Plan shall be prepared by a Certified Erosion and Sediment Control Professional. Proposed management efforts shall include (but not be limited to) construction of debris and detention basins in the Gabbert Canyon watershed, provisions for the use of vegetative filtering enhanced by creek bed reconstruction, preparation of detailed erosion control plans, appropriate use of temporary debris basins, silt fences, sediment traps and other erosion control practices. The proposed plan shall also address all relevant NPDES requirements and recommendations for the use of best available technology. The erosion control plan shall be reviewed and approved by the Community Development Department Director and City Engineer prior to the issuance of any grading permit. 138. Prior to issuance of a grading permit, the Final Drainage Study shall be reviewed and approved by the County of Ventura Flood Control and Water Resources Department. VII. MITIGATION MEASURES APPLICABLE TO THE RPD PERMIT 139. The approved Mitigation Monitoring Program is included as Attachment 1, and all mitigation measures are requirements of the RPD Permit, as applicable. Some of the adopted mitigation measures are duplicates or very similar to standard conditions of approval. In cases where a mitigation condition conflicts with another condition of approval, the stricter or more specific condition shall apply, as determined by the Director of Community Development during the condition compliance review for each phase of development. 29 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 ATTACHMENT 1 MOORPARK COUNTRY CLUB ESTATES PROJECT MITIGATION MONITORING PROGRAM (To be added after City Council approves Final Mitigation Monitoring Program) 30 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. February 8, 1996 ATTACENENT 2 MOORPARK COUNTRY CLUB ESTATES PROJECT DRAFT DESIGN GUIDELINES FOR RESIDENTIAL DEVELOPMENT 31 TRACT 4928 MOORPARK COUNTRY CLUB ESTATES DRAFT ARCHITECTURAL DESIGN GUIDELINES by: BOLLINGER DEVELOPMENT CORP. TABLE OF CONTENTS STATEMENT OF INTENT ........ ............................... . ...... 1 COMPLIANCE PROCEDURES FOR ARCHITECTURAL REVIEW ............... 2 Howto File: ..................... ............................... 2 Definition of Improvements Requiring Approval ........................ 3 Security For Performance .......... ............................... 4 Application for Approval ............ ............................... 4 The Steps of Architectural Committee Process Are . ..................... 4 Conceptual Review .......... ............................... 4 Preliminary Review and Approval .............................. 5 Final Review and Approval .... ............................... 5 Progress Reviews ........... ............................... 5 Site Compliance ............ ............................... 5 Site Final Review and Approval . ............................... 5 Preliminary Plans ................. ............................... 5 Requirements for Plot Plan and Grading Plan .................... 5 General Conditions .......... ............................... 6 FinalPlans ...................... ............................... 7 Major Alterations ...... 8 Minor Alterations ............ ............................... 8 Reconsideration of the Committee's Ruling ...................... 8 Variance and Additions ....... ............................... 8 Guideline Amendments ....... ............................... 8 Fee...................... ............................... 8 Other Approvals ............ ............................... 9 Precise Plan of Design ( "PPD ") Review ............................... 9 Fire Department Review ..... ............................... 10 Building and Safety Department Submittal ...................... 10 City Engineer Submittal ...... ............................... 10 Setbacks For Houses and Detached Structures ....................... 10 FrontYard ................ ............................... 10 RearYard ................ ............................... 10 Side Yard 11 FlagLots ................. ............................... 11 Arroyos and Slopes ......... ............................... 11 Siting of Structure .......... ............................... 11 Usable Open Space ........ ............................... 11 Minimum Size of Home ...... ............................... 11 Height Limitations .......... ............................... 11 Definitions and Clarifications ............................. 12 1 GRADING........................... ............................... 12 GradedLots .................. ............................... 12 ARCHITECTURAL IMPROVEMENTS ..... ............................... 12 Colors........................ ............................... 13 Materials, Masonry and Siding ..... ............................... 13 Simulated Materials .............. ............................... 13 Windows...................... ............................... 14 Roofs......................... ............................... 14 Facias........................ ............................... 15 Chimneys...................... ............................... 15 Skylights, Solariums, and Similar Improvements ....................... 15 SolarPanels ................... ............................... 15 Garages....................... ............................... 15 Detached Garages, Outbuildings, Pavilions, and Other Structures ......... 16 Patio Covers ......................... ....................... 16 Driveways and Hardscape ........................................ 17 WALLS AND FENCING ................ ............................... 17 Privacy Walls ................... ............................... 17 Retaining Wall .................. ............................... 17 Security and Decorative Fencing .... ............................... 18 Fencing Setbacks and Locations .... ............................... 18 Design and Height of Fencing ...... ............................... 18 Golf Course Fencing ............. ............................... 19 DrivewayGates ................. ............................... 19 ACCESSORY IMPROVEMENTS ......... ............................... 19 Mailboxes and Address Numbers ... ............................... 19 Mechanical, Air Conditioning and Pool Equipment ..................... 19 ENERGY CONSERVATION ............. ............................... 19 LANDSCAPING ...................... ............................... 20 ClimateZone ................... ............................... 20 Landscape Intentions ............. ............................... 20 Plant Materials .................. ............................... 21 Ground Cover Materials ........... ............................... 22 Shrub Materials ................. ............................... 22 PalmTrees ..................... ............................... 23 Plant Materials Not Suitable ....... ............................... 23 Vegetation Control ............... ............................... 24 For Native Grass Areas ........... ............................... 24 For Native Shrub Areas ........... ............................... 25 TENNIS COURTS AND SIMILAR IMPROVEMENTS ......................... 25 2 YARD AND SECURITY LIGHTING ....... ............................... 26 Exterior Lighting ................. ............................... 26 Entry Drive Lighting .............. ............................... 27 SafetyLighting .................. ............................... 27 Security Lighting ................ ............................... 27 Landscape Lighting .............. ............................... 27 VACANT LOTS ....................... ............................... 28 WINTERIZATION ..................... ............................... 28 3 EXHIBITS TO GUIDELINES: EXHIBIT NO. 1 .................. 2 .................. 3 .................. 4 .................. 5 .................. 6 .................. 7 .................. 8 .................. 9 .................. 10 .................. 11 .................. 12 .................. 13 .................. 14 .................. NAME WROUGHT IRON FENCING FENCING ON SLOPES SETBACKS FOR ENTRY GATES ENTRY GATE INTERCOM DESIGN GUIDELINES GRADING EXAMPLES HOW TO MEASURE BUILDING HEIGHT TWO -STORY LOW PROFILE EXAMPLES UHS -2 BUILDING MASSING TREE GROUPINGS APPLICATION CHECKLIST SCHEDULE OF FEES CONSTRUCTION PROCEDURES GLOSSARY OF TERMINOLOGY STATEMENT OF INTENT The following Architectural Guidelines have been adopted in accordance with Residential Planned Development Permit No. RPD -94 -1 and the Covenants, Conditions & Restrictions (CC &R's) for Tract 4928. They are established for the purpose of creating a rural type of development in the hills, surrounded by a landscape that merges with the natural landscape as well as the adjacent golf course. The Guidelines are intended also to enhance the value and attractiveness of the tract. This will be a community of select home sites surrounding two championship golf courses. The Architectural Committee encourages creative and innovative designs which are consistent with the development program for the Moorpark Country Club Estates as reflected by these Guidelines. These Guidelines are in addition to and exceed the minimum zoning code requirements of the City of Moorpark. More specific policies to be considered in applying these Guidelines are: (a) To achieve an integrated and harmonious development; (b) It is the intent of these guidelines to establish a harmonious residential area by the creative use of tempered traditional architectural designs; (c) To imitate nature in landscape design in order to best achieve a unifying landscape throughout these large home sites. This can be accomplished through use of a limited number of plant types and an informal grouping of the plant materials. The detailed landscape requirements must be followed; (d) If the style of a home is to be reminiscent of a cultural or historical style, that style should be developed using contemporary materials and methods of construction and be Western European in origin. Highly ornamented detailing characteristic of some historical styles will not be approved. House designs that are sympathetic to the terrain and the natural rural beauty of this development are strongly encouraged. Good architecture is of the utmost importance. Note that highly contemporary styles will not be approved. These Guidelines are intended to provide information concerning the basic criteria by which the Architectural Committee will evaluate design submissions. It is not the function of the Architectural Committee to create architectural statements or designs. The Architectural Committee is charged with the task of evaluating submittals by applicants and giving direction within the context of these Guidelines. Applicants must conform with the City of Moorpark Residential Planned Development Permit Conditions, as well as these Guidelines. 1 From this point,. the guide is written in technical language for use by the professionals that you retain to assist you. COMPLIANCE PROCEDURES FOR ARCHITECTURAL REVIEW How to File: 1. Please obtain and read the Architectural Guidelines, CC &R's (you should receive from Escrow), Tract Conditions, Building Code and Residential Planned Development ( "RPD ") Conditions from the City. 2. All plans shall be prepared in accordance with generally accepted standards of professional practice. Architectural plans shall be prepared by a registered Architect and landscape plans shall be prepared by a registered Landscape Architect. 3. (Optional) Meet with a representative of the Architectural Committee to review the approval process. Bring plot plan and any other design drawings in for Conceptual Review (provide two copies). Revise the drawings per the Conceptual Review. 4. Submit to the Architectural Committee two sets of the following for Preliminary Review: (See detailed requirements pages 4 to 6). Pay Architectural Review Fee: (Contact Architectural Committee for a current fee schedule.) Use Exhibit #11 Checklist for each submittal. Plans which do not conform to the guidelines or other conditions shall be considered a Conceptual or Progress Review. Conceptual and Progress Reviews are good for six (6) months. Conceptual or Progress Reviews should be corrected and resubmitted for review. You should expect a three- to five - week turn around time. 5. When notified, pick up the review; check it over; make appointment with Architectural Committee staff if you have any questions. Give them an opportunity to be of help. 6. Make corrections as per Preliminary Review. Preliminary Approvals are valid for six (6) months. Submit two (2) complete revised sets to Architectural Committee for Final Review. Use Exhibit #11 checklist for submittal requirements. 7. Make final corrections from Final Review. If corrections were noted on your Final Review, they must be revised and submitted. Resubmit two sets of revised final plans. Plans must be resubmitted with thirty (30) days from the Final Review date. 2 8. Submit two (2) sets of plans incorporating any changes required by Final Review to the City Community Development Department, plus the signed Final Approval set from the Architectural Committee. Obtain the Zoning Clearance. 9. Submit the approved Zoning Clearance and two (2) sets of final building plans to the Building and Safety Department at the City. A copy of the final building plans should also be submitted to the Fire Department, and any other required body for review. Obtain the Building Permit. File a copy of the building permit with the Architectural Committee. 10. Any changes you desire to make after you have received Final Approval must be resubmitted to the Architectural Committee and City for review and approval prior to installation. 11. Final Approvals are valid for 180 days. ff work has not commenced within 180 days, the Architectural Committee, at its discretion, shall give written notice of a time extension. The notice may contain conditions of the extension. Extensions must be filed within the 180 day period. 12. The Zoning Clearance and Building Permit will also expire after 180 days if work is not commenced and any extension should be requested prior to expiration. Refer to Construction Procedures (Exhibit #13) for "how to build" information. 13. Failure to implement designs submitted by you and as approved by all applicable parties could result in withholding of occupancy permit, restricting Association privileges and imposing penalties. Definition of Improvements Requiring Approval. Improvements of any nature such as grading, excavating, landscaping, pools, rerouting of storm water, walling, fencing, bridging or structural construction, including the establishing of temporary structures or trailers shall not be allowed on any lot without having received prior Architectural Committee and City approval. Internal changes or modifications which cannot be viewed from the exterior do not require Architectural Committee approval. Services performed by the Architectural Committee include rendering opinions on questions of aesthetics as well as analysis of architectural plans. The Architectural Committee shall not render services or opinions regarding, but not limited to any work done by soils, civil, structural, electrical, mechanical engineering design, nor shall the Architectural Committee provide services or opinions regarding, but not limited to, any construction means, methods, sequences or techniques or any defects in plans or specifications that the Architectural Committee has rendered advisory opinions. 3 Security For Performance: The Architectural Committee in its reasonable judgment may impose performance guarantees (such as posting of a surety bond or cash deposit) or require the Applicant to pay for the cost of an on -site inspector to assure conformance with its approval where the Applicant or any individual or entity associated with Applicant in the improvement of the Lot, has previously violated prior approvals by the Committee or the Association. Prior to Final Approval of a Construction Compliance Deposit shall be required. Refer to the Construction Procedures (Exhibit #13) for this requirement. Application for Approval: This is a three step plan review process if all Conditions are met and presented. (1) Conceptual Review. Submit two sets of plans. (2) Preliminary Review. Two sets of sample boards and plans must be submitted for Preliminary Review (3) Final Review. Two sets of plans must be submitted for Final Review along with corrected color boards. One meeting may be scheduled with each review step. Contact the Committee to arrange. Plans which do not adequately satisfy the Committee's previous review comments will not be considered. (4) Progress Review. Additional steps are required for (5) site compliance and (6) site Final Review and Approval during and after construction. Refer to Construction Procedures (Exhibit #13) for information. One set from each submittal will be returned to the applicant with a stamp signed by a member of the Architectural Committee indicating the Architectural Committee's approval at each stage of approval. Any conditions of approval will be noted on the plans. Approvals are never given verbally. Final Approval is given only after all requirements for submittal have been satisfied. No construction or alteration may begin prior to receiving Final Architectural Committee Approval and the City of Moorpark approval. Approvals shall be based on the plans and drawings depicted only. If other plans and drawings reflect contradictions or revisions not shown clearly on all plans and drawings, such contradictions or revisions shall be deemed disapproved. All revisions or contradictions shall be identified and approved prior to construction. The Steps of Architectural Committee Process Are: Conceptual Review: Architectural Committee staff will, upon request, informally review concept plans prior to completion and submission of Preliminary Plans. The Conceptual Review is provided only for assistance in the preparation of preliminary plans and the interpretation of the guidelines to ensure that the project is within the intent of the guidelines. Conceptual reviews may also be required if a plan does not conform to the Architectural Guidelines or other Conditions. A plot plan (including any existing mature tree plotted accurately and a house footprint, existing and proposed grading and setbacks); floor plans and elevations are required for a Conceptual Review. This review can be of great assistance in saving time and may help speed approvals of future submittals. Items discussed or resolved during the ld Conceptual Review will not be considered binding on the he part of either the Applicant or the Committee. No approvals are given with a Conceptual Review. 2. Preliminary Review and Approval: Preliminary plans are to be submitted as early in the design process as possible. Approval of Preliminary Plans is guidance for completion of Final Plans to be submitted for final Committee approval; it does not authorize proceeding with improvements to the property. Once these corrections cited have been made to preliminary plans it is not to be construed as final until a final review and approval are executed. 3. Final Review and Approval: One meeting may be scheduled. Final Plans are the final construction drawings incorporating any changes required to satisfy conditions of the Committee's approval of Preliminary plans. 4. Progress Reviews: Progress Reviews may be required if a plan does not conform to the Architectural Guidelines or other Conditions. No approvals are given with a Progress Review. Progress Reviews shall be surcharged per the fee schedule. 5. Site Compliance: Periodic site compliance visits by the Architectural Committee staff may occur. Issues which are of concern or in non - compliance with plans. Architectural Guidelines, or other Conditions may be cited. Refer to the Construction Procedures (Exhibit #13) "How To Build" information. Contact the Architectural Committee as stated on the notice of non - compliance. 6. Site Final Review and Approval: Upon completion of all improvements contact the Architectural Committee to request a site meeting. A review and approval will be provided to improvements which are consistent with the approved plans. Also contact City Community Development and Building and Safety Departments to obtain final building permit/occupancy approval. Preliminary Plans: Check Exhibit #11 for the list of the drawings required. Preliminary Plans shall be sufficiently detailed to describe the general extent and character of the proposed project. Partial submittals will not be given approvals. Plans submitted for Preliminary Approval shall consist of the following minimum materials: Requirements for Plot Plan and Grading Plan: Sit plans are very important to have verified with site conditions. Survey plans shall be provided for all sites. (a) The owner's name, address, lot number and tract number will be shown on all sheets. Copy of the Title Report listing all easements, right -of -way or other matter of record. 5 (b) Preliminary Plot Plans and Grading Plans shall be drawn at a scale not less than 1" = 20'0" and shall indicate the location of proposed improvements relative to the property lines. For large sites 1" = 40'0" may be allowed for overall site, but 1" = 20'0" shall be provided for areas adjacent to proposed grading and structures. Plans and sections shall be drawn at equal scales. (c) The location of proposed improvements relative to the property lines shall be indicated with setbacks dimensioned. The location of proposed improvements relative to the adjacent slopes shall be indicated with setbacks dimensioned. (d) BE SURE ALL EASEMENTS AND RESTRICTIONS ON THE LOT ARE SHOWN ACCURATELY. (e) Existing topography and proposed finish grading shall be shown. Existing contours shall be solid lines and the proposed shall be dashed lines. (f) The location and finish floor (F.F.) or finish surface (F.S.) elevation of buildings, driveways, walks, retaining walls, et cetera, shall be shown on plans. Indicate top of wall elevations and overall wall height in all cases. (g) All proposed or existing drainage systems shall be shown. Drainage systems shall be reviewed and approved by the City. 2. General Conditions: (a) Each lot must have separate sets of drawings for each submittal. No design or alternative in plan or elevation may be repeated more than six (6) times in this tract. (b) Site Sections: Site sections shall be drawn at a scale equal to the site plan and survey and shall be sufficiently detailed to indicate the existing and proposed topography, retaining walls, building siting. (c) Floor Plans: Preliminary Floor Plans shall be drawn at a scale not less than 1/8" = 1'0" and shall be sufficiently detailed to indicate the proposed use of interior spaces, location of doors and windows, and overall building dimensions. This must also include area calculations of each floor level as required for building massing and setbacks. Please note that two -story volume is considered floor area on the second floor. (d) Roof Plan: Preliminary Roof Plans shall be drawn at a scale not less than 1/8" = 1'0" and shall be sufficiently detailed to indicate ridge and valley locations, roof overhang dimensions, roofing materials, slopes, skylights, solar panels, and chimneys. D (e) Exterior Elevations: Exterior Elevations shall be drawn at a scale not less than 1/8" = 1'0" and shall be sufficiently detailed and labeled to indicate proposed exterior materials and finishes, window and door types, floor -to- floor dimensions, and overall building dimensions, existing and proposed topography. (f) Building Sections: Building Sections shall be keyed to plan and drawn at appropriate scales not less than 1/8" = 1'0" to explain typical and special details of construction, window are: door types, floor -to- floor, floor -to- plate, and floor -to -ridge heights as well as overall building dimensions, existing and proposed topography. (g) Landscape Plans: Landscape Plans shall be drawn at a scale not less than 1" = 20'0" or 1" = 40'0" for large sites with all work adjacent to slopes and structures shown at 1" = 10'0 ". The preliminary landscape plan should consist of accurate existing mature tree locations and any retaining wall locations with existing and proposed grades. Indicate the location of the house accurately. In subsequent submittals landscape shall be sufficiently detailed to indicate the location, kind and size of all proposed planting materials and other landscape features, including pools, fences, walls, hardscape, mailbox, equipment enclosures, et cetera. (h) Materials and Color Samples: Samples of exterior materials and finishes as noted on the Preliminary Plans shall be affixed to a stiff cardboard sheet not larger than 8 -1/2" x 11 ". Preliminary proposals for other categories of exterior improvements (lighting fixtures, et cetera) may be submitted in the form of photographs or catalog cuts. Photographs must not be smaller than 3" x 4 ". Submit two (2) sets. (1) Architectural Details: Details showing exterior treatments of roof eaves, chimneys, window or door trim, specialty details to explain typical and special details of construction. Final Plans: Check Exhibit #11 for the list of the drawings required. Final Plans shall be sufficiently detailed to describe the general extent and character of the proposed project. Partial submittals will not be given approvals. Plans submitted for Final Approval shall include all plans listed for Preliminary Plans and as described below. Final Plans incorporating revisions required by the conditions of Preliminary Approval, and including additional details required to fully describe the proposed improvements, shall be submitted for Final Review. Final plans, sections and elevations shall be drawn at a scale not less than 114" = 1'0" (composite elevations of large homes 7 may be at 1/8" = 1'0 "). Final Plans must be approved prior to commencement of any construction. No changes shall be made to any plans or in the construction of any improvement until such proposed changes are resubmitted to the Architectural Committee for its written approval. Changes shall be implemented only after receipt of such approval. Final Approval MUST be obtained prior to acquiring a Zoning Clearance and Building Permit. Maior Alterations: Major revisions to approved plans which have not been constructed, pre - grading of lots, room additions, exterior design concepts, et cetera shall be reviewed and approved as Major Modifications. Plans and written requests shall be submitted. You must receive written approval from the Architectural Committee prior to proceeding with the improvements. The City Community Development Department should be contacted to determine what City approvals would be required. Minor Alterations: For minor revisions to approved plans which have not been constructed such as change in windows, colors and materials, solar panels, et cetera, plans and a written request shall be submitted to the Architectural Committee and City Community Development Department. You must get written approval prior to proceeding with the improvements. Reconsideration of the Committee's Ruling: An applicant may request reconsideration of a ruling of the Architectural Committee by resubmitting, in duplicate, written arguments within sixty (60) days of the date of receipt of the ruling. The committee will give its final ruling by answering the arguments and by confirming or modifying its ruling within sixty (60) days of receipt of the applicant's written arguments. No fee is required to be submitted for a reconsideration. Failure of the Committee to notify the applicant within sixty (60) days of the date of resubmittal to the Architectural Committee shall be deemed disapproval. Variance and Additions: Approval of the Architectural Committee and the City Director of Community Development shall be required to permit any Owner (without the consent of other Owners) to deviate from any or all of the buildings and /or landscaping standards set forth herein, provided that such deviation is necessary in order to carry out the general purposes of the Declaration and /or the Architectural and Landscape Guidelines. Any such permission of said Committee and Director shall be in writing and shall not constitute a waiver of said Committee's or City's powers of enforcement with respect to any of the Standards as to any other part of parcel of the properties. Guideline Amendments: These guidelines are subject to revision by amendment. At such time as the Architectural Committee shall determine that any portion of these guidelines should be revised, the Committee shall send in written form a proposed amendment outlining the change(s) and the reason(s) for the changes to the Board of Directors of the Association and the City Director of Community Development. Fee: A fee, according to Exhibit #12 which is subject to change, shall accompany each application for Architectural Committee Review. Fees shall be paid in full upon the submission. The scheduled fees will be subject to a reasonable surcharge, as determined by the Architectural Committee, in cases where plan review services exceed the normal review process. The surcharge will be assessed and payable prior to Final Approval. Additional meetings or submissions will be subject to a surcharge. Other Approvals: Approval of your plans by the Architectural Committee does not automatically mean approval by the Community Development director. The Architectural Committee will try to inform you of issues they believe the City may have with your plan (i.e., silhouetting above ridges, height limitations, setbacks, but these are not to be relied on as completing your review. When you gain approval from the Community Development Planning Department (which most likely will contain some conditions you must address in your final design), you can proceed with your plans for Building and Safety Department and Fire Department submittals. If the Community Development Planning Department disapproves your PD submittal, you do have the option to appeal the decision. This requires a filing fee. Check with the Community Development Planning Department for the application and filing requirements. NOTE: All exterior revisions required after Final Approval must be resubmitted for review and approval prior to construction. Precise Plan of Design ( "PPD ") Review: The planning staff will review your FINAL Design set to see if it complies with Code and Architectural Guidelines of the City's as well as the Residential Planned Development ( "RPD ") conditions and regulations imposed on your tract. Verify length of time, fees, and filing requirements for review with City staff. Submit two (2) sets of final plans along with your approved and signed final set from the Architectural Committee. The submittal must include: Site Plan ' Grading Plan Floor Plans Roof Plan Exterior Elevations Building Section Color Samples Landscape Plan Fire Department Review. The Ventura County Fire Protection District requires that all single family residences be checked by them. This submittal consist of the following: Application Form (obtain from Fire Department) Site Plan " Floor Plan Elevations Plan Check Fee Facilities Fee Fire Sprinkler Fee, if applicable (houses, including garages, that exceed 5,000 square feet, require a fire sprinkler system.) Verify the length of time for this review. The Fire District Department will issue an approval document that must be submitted to the Building and Safety Department before a building permit can be issued. Building and Safety Department Submittal: Once you incorporate all of the conditions of approval from the Architectural Committee, the Fire Department, and the Community Development Department, you can finalize your plans and details (construction document set) and submit two (2) copies to the Building and Safety Department along with a plan check fee. Verify the length of time for this review. You can expect that the Building and Safety Department will have a list of revisions (code violations) which will have to be corrected prior to issuing a permit. City Engineer Submittal: At the same time you submit your plans to Building and Safety, submit two (2) copies of your site plan to the City Engineer for their review of your grading plan. Setbacks For Houses and Detached Structures: All setbacks are minimum requirements and measured from Property Lines, not curbs. Verify location with tract parcel maps. All residential structures, including accessory buildings, shall be placed, grouped and shaped within the graded area to complement one another as well as the natural landscape and to provide visual interests. All structures must be sited within the Grading Limit Boundary or graded pad. Front Yard: Overall average 24', minimum 20' front setbacks shall be varied so as to provide visual variety. Two story masked by one story 30'0" ; two story facades 40'0 ". (Exception: Residential structures on "C" Street require 30'0" minimum for one story facades measured from the curbs. On comer lots front yard setbacks shall be required on both streets. Rear Yard. One story 20'0 "; two story 260 ". 10 Side Yard: One story 10'0' , two story 160 ". Flag Lots: The front yard is determined to be the face of the property most nearly parallel to the street from which the drive extends. Exceptions to this rule of "front" should be requested if you feel the site defines a different properly line as front yard. Arroyos and Slopes: 20'0" minimum setback for all structures is required from the tops of any manufactured downslopes (or any natural downslopes adjacent to a public right -of -way) which are greater than 10'0" in height and which have a slope angle steeper than 5 to 1 within any portion or section of the slope. Top of slope setbacks for patio covers, trellis -type features and architectural features which are attached to and subordinate to the main or principal structure may be reduced to 60 ". Manufactured downslopes for natural lots will be on a case -by -case basis. This is subject to the review of the Community Development Department, in accordance with the Tract. Siting of Structure: Other than House, all golf course buildings will be per drawings submitted to City and are not part of this CC &R. Usable Open Space: As a requirement of this tract, homes and detached structures must be sited within__ the graded pad area with ample open space surrounding all structures. The natural terrain shall be preserved except for minor passive recreational amenities where no grading is required. Specific nature and extent of permitted improvements shall be subject to Community Development Department approval. Minimum Size of Home: The minimum size of homes shall be 2200 square feet (two thousand two hundred square feet). Garage and accessory structure shall not be included in these figures. Height Limitations: The maximum height of any structure on these tracts must be based on a mass not to exceed 35' if the sideyard is a minimum of 15'. NOTE: Does not apply to Golf Course Club House. One and two stories is maximum building mass, depending on the location of the graded pad in relationship to a ridge line, the allowable height of the building will vary. The height of a structure shall be measured from the finished pad or grade elevation to the highest point of the structure within a specific uniform foundation component. Special allowances may be given consideration in calculating building height when finished floor elevations are below natural grade and natural grade elevations are maintained adjacent to all major exposed building elevations. Roof form such as cupolas, turrets, chimneys which do not greatly exceed the maximum height may be considered on a case -by -case basis. NOTE: Dormers to accommodate "third story" space cannot create a "third story" component on the exterior. 11 Definitions and Clarifications: Cantilevered Areas which overhang the first floor without support to grade shall be considered a cantilevered area. Areas of cantilever shall be minor in proportion. All cantilevers shall be detailed with corbels, soffits or other detailed aesthetics. Dormers: Where dormers provide second story square footage over a single story with plate heights not exceeding 12'0" to 14'0" in a building element that looks to be one -story, some allowance for this square footage can be made on a case -by- case basis. All second story windows on site elevations will be considered two - story facades. Footprint is defined as the actual ground level square footage of all spaces including attached garages and all buildings such as pool houses that are linked by a substantial structure of similar proportion. Plate Height: Generally up to 12'0" is accepted as a one -story plate height. Special elements (not the entire first floor) such as the living room, entry, dining room, or family room may have plate heights of up to 15'0" and, depending on the shallowness of the pitch of the roof, still be considered single -story masses. Roof Heights: Anything over 25'0" (floor to ridge) is generally considered two story. The intent of these restrictions is to reduce the apparent scale of the proposed home and is not concerned with whether the two -story volume is used or not. GRADING The intent of these grading guidelines is to aid the individual home site owner in developing creative building footprints which reflect a sensitivity for the existing topographic characteristics of each site. Every effort should be made to achieve a final design which conforms closely to the original land form of the lot, while utilizing techniques in house design which will minimize the amount of grading. Graded Lots: All lots are pre - graded. Re- grading of pre - graded pads shall be limited to minor adjustments which do not expand the building site, with any grading plans prepared by a registered Civil Engineer. ARCHITECTURAL IMPROVEMENTS Exterior treatments used on the Residence and all detached or accessory structures shall use consistent and continuous materials, proportions, detailing on all facades in order to achieve a uniform and complete architectural design. 12 Two -story facades shall be treated in a manner to articulate the flat appearance of a wall. Facades should incorporate horizontal changes in materials or changes in relief between first and second story. Trim bands are generally not acceptable but may' be considered. Colors: Strong harmonies of color in earth tones will be required. Color intensity must be kept low for large surfaces. All colors shall be evaluated on a case -by -case basis to determine compliance with the intent. Samples of appropriate colors are available for review at the Architectural Committee office. Colors and materials shall be reviewed per the actual samples. Materials, Masonry and Siding: Exterior wall materials shall be limited to three in number. Masonry shall be limited to one type on the house; accent masonry may be considered on a case -by -case basis. Different materials must meet at inside corners and the change in wall materials should reflect a consistent approach on all facades of the building (wainscoting, wall recesses or projections, pilasters, bay windows, detailing, et cetera). Masonry surfaces which have an exposed edge shall be 8" minimum thickness. All facades must make consistent use of building materials. This applies to all structures, landscapes, walls, etcetera. Materials must be used on all facades consistently as these houses are viewed three - dimensionally. It is critical to design them with this in mind. Large blank or inconsistent facades on a structure will not be allowed. Simulated Materials: Materials which are produced to simulate authentic materials are generally not allowed. Exceptions to the requirement for authentic materials shall be considered, but are limited to the following conditions: 1. Concrete roof tiles which simulate either wood shake or slate roofing shall be allowed. Concrete roof tiles shall not be allowed to simulate clay "S" or barrel tiles. Additional requirements and conditions for roof tiles are specified in the roof section. 2. Concrete paving and stamped stone or tile paving shall be allowed. Stamped concrete colors and materials shall be of a quality which faithfully simulates the actual materials. Joints or gaps between each molded pattern shall be filled with grout or mortar similar to authentic material installation. 3. Pre -cast concrete or similar cast columns and detailing which simulates cut stone shall be allowed. Pre -cast concrete shall be cast in a thickness which is not considered hollow or thin walled. Where thin walled materials are considered acceptable they shall be filled with a solid core. Pre -cast concrete shall be of colors and materials which faithfully simulate the actual materials. 13 4. Cast concrete or gunite boulders, water features, et cetera, which simulate natural rock shall be considered for use in pools, spas, waterscapes and landscaping only. Cast concrete rocks shall be used for rocks larger than 24" in dimension, smaller rocks shall be authentic and use of mixed natural and simulated rock is encouraged. Cast concrete rock textures, colors and materials shall be of a quality which faithfully simulates the authentic rock. Cast concrete rock shall not be used for gates, bridges,. equipment vaults or other unreal uses of rock. Use of cast concrete rocks shall be reviewed on a case -by -case basis. To be considered, each applicant shall submit a qualified contractor's proposal and photograph examples of the contractor's previous work. If approved, the applicant shall be required to post and maintain a construction compliance deposit in the form of cash, a cash bond, or surety bond, naming the Association as obligee, in the amount of five thousand dollars ($5,000.00) to ensure quality of the construction. The deposit or any portion there of is refundable upon completion of the work less the amounts used for corrective purposes. The Architectural Committee, at its discretion, shall review and release the deposit after determining the completion and quality of the improvement. The Architectural Committee shall reserve the right to refuse and cause the removal, modification or addition of work which is not completed to the quality of authentic materials. The applicant shall understand that construction of any cast concrete rock work is solely at their own risk and that the Architectural Committee may request the applicant provide additional work requiring greater expense or larger deposits due to the proposed improvements. Windows: The proportionality of windows to exterior surfaces will be carefully considered by the Committee for each elevation of the proposed structure. The style of window is required to be consistent on all elevations of the proposed structures. Windows should be placed in thickened, recessed openings or projected or surrounded openings in walls. No window shall be covered with aluminum foil, paper, reflective tint or other inappropriate covering. Roofs: Pitched roofs will be encouraged, minor areas of flat roofs may be considered. Minor flat roof areas, where allowed, must be secondary to the main roof. Flat roof areas which are used to resolve roof forms that are not an integral part of the design or mansard roof designs will NOT be allowed. (NOTE: Roof - mounted mechanical equipment will not be approved.) Flat roofs should not be visible from other property and must be colored to match the pitched roofs of the structure. Decks will be allowed and must be colored to match the pitched roof of the structure. Gravel or painted cap sheet roofing is not acceptable. Maximum roof pitch for main roof forms shall be 8:12. Steeper roof pitches for special roof forms may be considered, and shall be reviewed on a case -by -case basis. Roof pitches shall be appropriate to the relative style from which they originate. 14 Roof overhangs shall be shown on Plot plans indicating dimensions from building face. Maximum roof overhang may be 2'0" into all required building setbacks. Roof overhangs greater than 2'0" may be considered, and shall be reviewed on a case -by -case basis. Roofs on sloping lots should be sloped in the same direction as the lay of the land to blend structures with the topography. Roofs shall be authentic slate, authentic clay "S ", barrel, flat or flat concrete shake tiles. Applicants must provide manufacturer's specifications and actual samples of all proposed the colors. Only subtle blends of color on roofs will be considered. If concrete the is proposed, it must be flat, unglazed tile. No wood, metal, asphalt or fiberglass roofing is allowed. If the concrete the becomes effloresced within a three -year period, the owner shall be required to correct the effloresced tiles. Minor roof areas of authentic copper may be considered. Sheet metal vents, accessories must be painted to blend with the roof. Metal vents, accessories, and chimney caps greater than 24" in any dimension shall be authentic copper. Gutters and downspouts shall be colored to match the surface to which they are attached unless copper is used. Facias: Facias should be constructed with materials consistent with the structure. Facias shall require detailing which is sympathetic to the architectural style of the structure. Chimneys: All chimneys should be metal and covered by material such as stucco or masonry. An exception is made for structures that have a predominately wooden finish surface on which matching wood may be approved. If any chimneys on a wooden house are masonry, then all must be. Fireplaces must be equipped with a spark arrester approved by the City. All chimney caps require detailing other than the spark arrester. Chimney caps must be painted to match the surface it is mounted to. Skylights. Solariums, and Similar Improvements: Skylights, solariums and similar improvements shall be designed consistent with building forms, scale and proportion. Frames shall be finished to match roof or building colors; glazing shall be flat, non - reflective glass. Details or manufacturer's information shall be submitted for consideration. No bubble or dome skylights shall be allowed. No aluminum or similar patio cover shall be allowed. Solar Panels: Roof mounted solar panels shall be recessed within the roof tiles and shall be mounted at the angle of the roof. Solar panels shall be glazed with concealed piping. All surfaces, except the glazing, shall be painted to match the roof color. No solar panels will be allowed on the front elevation. Garages: All garages must be enclosed; carports shall not be allowed. All two -car garages shall be a minimum interior dimension of 20' wide x 22' deep, and three -car 15 garages shall be a minimum of 30'0" wide x 22'0" deep. Houses with five or more bedrooms and all homes with driveway access on to "C" Street must have a minimum of a three -car garage. Street parking is prohibited on "C" Street except by special permit. Garages for R.V.s and similar improvements shall be considered if design is consistent with building forms, scale and proportion. Garages for R.V.'s shall be sited in locations which do not directly face streets. All locations shall be screened from visibility from street and neighboring views with dense, mature landscaping and shall be reviewed on a case -by -case basis. Detached Garages Outbuildings Pavilions and Other Structures: For those lots capable of supporting detached structures, such as vehicle storage buildings, pool houses, and guest living quarters no more than three accessory structures are allowed. The architectural character of detached structures shall be consistent with that of the main structure planned for the lot while not being a miniature replica of the main structure. These structures must be carefully sited to integrate into the design of the site and must all be within the building site. Detached buildings, where allowed, are limited in height to 18'0 ". Any building element that is attached to the main structure may conform to the same height limit that is applied to the main structure and conform to one or two story setback as it applies with the exception of patio covers. To be considered attached, the portion of the building that is in question must comply with the following criteria: The structure must be attached to the main residence be a common wall, or if the roof of the structure is a continuation of the roof, of the main residence. The attached structure shall appear to be a part of the main residence. 2. The attachment between the structure and the main residence shall be constructed of the same scale, materials and detailing of the residence. 3. Two story structures must be attached as required for one story structures. Design of the two story structures should be verified with the Community Development Planning Department or conformance with City Conditions. Patio Covers: Shade, patio, and garden structures should be constructed of materials of a permanent nature which are the same as those used on the main structure. For example, if the roof of the main structure is clay tile, then a solid patio roof should also be made of clay tile. If a lattice sun shade is proposed, it should be wooden and stained to match the wooden elements of the main structure. Exposed wooden structural members should be 4" x minimum for rafters, beams and rails, 6" x minimum for posts, and lattice or trellis materials shall be 2 x 2 minimum. Steel structures, fiberglass, sheet metal, or cloth awnings will not be approved. The maximum height shall be 12 feet. Ii .. Driveways and Hardscape: Driveways and hardscape shall be constructed and completed concurrently with construction of the residence. All drives shall have a minimum vertical clearance of 20'0" and not exceed 15% grade unless exempted by the City. They should be made of concrete either stamped, salt finish or punctuated by masonry. Hardscape materials shall be sympathetic to those of the house. Gravel or asphalt driveways will not be approved. For all dwellings whose driveways exceed 50'0" in length, at least two extra outdoor guest parking places with a 260" turnaround shall be provided. For requirements on lots with driveways exceed 50'0" in length, consult the Fire Department. WALLS AND FENCING Privacy Walls: Landscaping is encouraged instead of privacy walls. Privacy walls may be considered and shall be reviewed on a case -by -case basis. Walls shall be required to screen trash areas and mechanical equipment. Privacy walls shall be sited to integrate with the design of the residence. All walls greater than 2'6" in height shall maintain a minimum setback required for a single story building. Walls to screen trash areas, mechanical equipment shall maintain a minimum setback of 10'0" from all property lines and tops of slopes. Privacy walls shall not be allowed on major roads except where required for safety as determined by the City of Thousand Oaks. Screening along major roads shall be accomplished using mature landscaping. Maximum height of privacy walls shall be 60 ". Taller privacy walls for special design forms may be considered if greater site setbacks are provided and shall be reviewed on a case -by -case basis. Privacy walls shall be designed to integrate with the design of the residence. All exposed surfaces of the wall shall be finished to match the residence. Generally, walls should be an earth tone color. Walls visible from the golf course, streets or other public areas shall use a decorative cap. Plain or painted concrete block or slump stone is not allowed. Landscaping shall be required to soften the appearance of the wall. Retaining Wall: Retaining walls shall be considered on lots in order to reduce unsightly grading and to create architectural features which are designed to integrate with the design of the residence. These shall be reviewed on a case -by -case basis. Walls which do not exceed 2'6" in height shall maintain a setback equal to the wall height from all property lines. All walls visible from the golf course, streets, adjacent lots, or other public areas which are greater than 2'6" in height shall maintain a minimum setback required for a single story building. Setbacks for retaining walls which are not visible outside of the property shall maintain a setback equal to the wall height from all properly lines and shall be reviewed on a case -by -case basis. 17 The maximum height of retaining walls visible from the golf course, streets, adjacent lots, or other public areas shall be 3'6" with decorative surface or screened landscaping required. The maximum height of retaining walls which are not visible outside of the property shall be 60 ". Taller retaining walls for special design forms may be considered if greater site setbacks are provided and shall be reviewed on a case -by -case basis. Where walls greater than 6'0" are necessary the walls are encouraged to terrace, using heavily landscaped terraces. Retaining walls shall be designed to integrate with the design of the residence. Generally walls should be an earth tone color. All exposed surfaces of the wall shall be finished to match the residence. Walls visible from the golf course, streets or other public areas shall use a decorative cap. Plain or painted concrete block or slump stone is not allowed. Landscaping shall be required to soften the appearance of the wall. Security and Decorative Fencing: All fencing within any lot is subject to Architectural Committee approval prior to installation (City approvals may also be required). Fencing is not required on any lot except where required for pool safety. Fencing Setbacks and Locations: All fencing over two feet six inches (2'6 ") in height must maintain the setbacks listed below. All setbacks are measured from lot property lines. Street property lines generally do not include public rights of way or landscape zones. Location of property lines should be verified by a surveyor. Fencing which is located in or over an easement which may require accessibility or maintenance should be installed with gates or fencing which can be easily removed. Front yard: 20'0" minimum to property line Side yard: No setback required for adjoining lots Side yard (corner lot): 10'0" minimum to property line Rear yard: No setback required for adjoining lots Rear yard (abutting street): 5'0" minimum to property line EXCEPTIONS: Exceptions to defined rear yard and side yard setbacks shall be considered on lots where hardships due to topography such as a steep slope and lots where lot size restricts required usable yard. Exceptions to front yard setbacks shall be considered where the street curves creating a condition similar to a side yard. Setbacks may be reduced where slopes descend from street elevation. Where reduced setbacks are permitted, a 5'0" landscape screened area shall be required between the fencing and public view. All exceptions and fencing proposals shall be reviewed on a case -by -case basis. Refer to Exhibit #4 for methods for determining setback exceptions. Design and Height of Fencing: All property line fencing is required to be wrought iron per the graphic exhibit in the Guidelines. The color is required to be flat black for property line fencing. Fencing located within the property line fencing may be of differing style and color, but must be reviewed on a case -by -case basis. The maximum height of 18 fencing shall be six feet (60 "). The maximum height of fencing which is located on top of a free standing or retaining wall shall be a combined height of six feet (6'0 ") measured from the lowest most adjacent point. Terrain changes must be made by stepping the fence top with terrain. The top shall remain horizontal with vertical posts. On steeper slopes the top may slope to match the angle of terrain with vertical posts. Combinations of stepped and sloped fencing shall not be allowed. Pilasters must be compatible with the building design and must be used consistently for all fencing. Fencing beneath protected mature trees shall be installed in hand dug post holes. Verify all mature tree work with the City. No chain link, wood, canvas, reed or straw like, poultry wire, plastic or fiberglass fencing is allowed. Golf Course Fencing: Fencing, if desired, along individual lot property lines which are contiguous with the golf course shall be located along the property line alignment. Driveway Gates: All security gates must observe required setback of the building. Setback exceptions exist in cases of sloped driveways that descend in elevation from the street (refer to Exhibit #3 and #4). Entry gates are limited to 14'0" in height; pilasters are limited to 8'0 ". Solid walls may not extend beyond 20'0 "in any direction from the entry gate structure, may not encroach in the required setbacks, and are limited to 60" in height. Low driveway entry pilasters are limited to 2'6" and are allowed at driveway property lines. ACCESSORYIMPROVEMENTS Mailboxes and Address Numbers: Mailboxes will be supplied by the post office in groups of 16 each to be installed by developers in locations required by post office. Address to be supplied to developer for each lot. Mechanical, Air Conditioning and Pool Equipment: Mechanical equipment is usually unsightly and noisy. Heating, ventilating, air conditioning and pool equipment must be enclosed by walls and solid wood gates of a material which is integrated into the character and materials of the house design. Landscape screens are not acceptable. No outdoor speakers of any kind will be permitted. All alarm system equipment must be concealed from view. ENERGY CONSERVATION All residential units shall include site design and building or construction features and devices which are capable of conserving energy. Measures encouraged in the design 19 of all residential structures are: double glazing; size and placement of windows and other major openings shall take into account prevailing breezes during summer season and protection from stronger winds during winter season; appropriate design features to deflect sunlight or allow it to enter the residence, depending on seasonal needs; strategic location and type of plant materials in areas adjacent to the residences to reduce temperature building and sun penetration during summer season. LANDSCAPING Complete landscape and irrigation plans are required for all developed lots. Plans shall be prepared at a scale not less than 1" = 20'0'; 1" = 40'0" for large sites with all work adjacent to slope and structures shall be 1" = 10'0 ". All pad and slope landscaping shall be installed at the completion of the residence, and prior to occupancy. Revisions to plans which have been approved must be submitted for review and approval prior to proceeding with the work. Complete landscaping of the lot is required to be installed prior to occupancy of residence. Climate Zone: This area is located within Sunset Garden Book@ Climate Zone 21 (Thermal Belts in Southern California's Sections of Occasional Ocean Influence), however, micro climate pockets do exist. Plant selection should be adaptable, frost -hardy and heat resistant species with ability to survive winter frost conditions and summer high temperatures. Frost in low lying areas will limit plant selection; frost sensitive plants should not be used. A Landscape Architect should be consulted to determine the appropriate plant materials for the climate and drought tolerant criteria of this zone. Plant materials which suffer from frost or drought shall be replaced immediately with quantities and sizes of materials at time of loss. Landscape Intentions: Landscape development within this area is intended to reflect a very rural development which is designed with sensitivity and respect for the beauty of the natural terrain and vegetation. Preservation and conservation of the indigenous landscape shall be maintained. Landscaping should strive to reinforce and extend the indigenous quality of the tract into the proposed home site. Landscape development should include a means to counteract the adverse forces of nature and shall consider related items such as erosion control, surface drainage, fire (fuel modification), et cetera. Grading and retaining walls, where proposed, shall be an integral part of the landscape design. To encourage low water usage an increase of hardscape areas, the use of drought resistant plant materials, use of drip and low volume irrigation systems in lieu of conventional systems and the use of rain shut -off devices, moisture sensors should be incorporated in landscape plans. Selections of plant materials shall be zoned to create a transition from natural undisturbed vegetation to residential garden area. Landscape zones shall meander and flow from zone to zone without distinct lines such as swales or fencing. Landscape zones 20 shall be indicated on each plan to demonstrate the transition from natural to garden per the following tables: Zone 1 (natural landscape zone): The farthest from the residence and adjacent to the natural, undisturbed vegetation. This is the outer limit of the site development in a meandering line. Natural landscape with minimum or drip irrigation and natural landscape without irrigation. Zone 2 (transition landscape zone): Transition from natural plant materials and forms to garden zone or area connecting to natural or golf course. Area 30'0" to 50'0" wide in a meandering line. Irrigation as required for fire retardation and control (verify requirements with the Fire Department). Drip irrigation encouraged. Compatibility of landscape development between zones. Zone 3 (garden landscape zone): Area immediately adjacent to the residence or area connecting to the golf course. All garden areas shall be fully irrigated, Plant Materials: The selection of plant materials shall compliment and reinforce the natural characteristics of the existing plant materials. Lots located adjacent to the golf course are to create an uninterrupted flow of plant materials and grasses as a transition to the residence and to avoid the use of plants which may create a barrier or wall. Trees and shrubs shall be grouped in a grove -like arrangement with the greatest density and largest size at the center and the least density and smallest size at the edges. Designs showing planting in lines or regular intervals may be considered in areas immediate to the residence and shall be reviewed on a case -by -case basis. Desert plants, such as cactus and yucca, shall not be allowed. The use of crushed rock in place of plant materials for ground cover shall not be allowed. Each lot shall have a minimum number of trees based on the pad area and slope area, per the tables. The minimum tree size shall be 15 gallon with use of larger trees per the tables. The minimum shrub size shall typically be 5 gallons with use of larger shrubs per the tables. Each lot shall also have one (1) 48" box specimen tree to be located within the front yard setback area. Trees which are existing in parkways shall remain or be located within the front yard area. Parkway trees which are removed may be replaced with new trees of equal size (24" minimum). Woody shrubs shall have a minimum of 5 gallon size with tuberous shrubs minimum 1 gallon size. Slopes greater than 5'0" shall be landscaped to exceed the minimum requirements of Ventura County per the table for slope planting. Trees required for parkways by the City must be verified with the City and should be shown on planting plans. 21 Tree planting requirements on pad: Pad Area (in square feet) 1. 20,000 and under 2. 20,000 - 30,000 3. 30,000 and over Minimum Number of Trees 5 (1 - 48"; 2 - 36" box) 10 (1 - 48"; 4 - 36" box) 15 (1 - 48"; 6 - 36" box) All of the landscape species need to be reviewed by a Landscape Architect to determine suitability for Moorpark. Planting requirements on slope- 1 . 1 tree per 500 square foot minimum (1 - 24" box per 4 or less trees required). 2. 1 shrub per 300 square foot minimum; rooted cuttings ground cover. 3. 1 shrub per 125 square foot minimum; hydroseed ground cover (allowed only in zone areas outside Zone 1, 2, 3 as required by the Fire Department). Ground Cover Materials: Areas of ground cover and natural or manufactured slopes shall be planted with a minimum of 50 planters made of 10 different types per acre should be selected by your Landscape Architect to meet the different zone requirements. Zone 1 (natural landscape zone): Ground covers: 1. Hand planted rooted cuttings at 18" o.c. to 24" o.c. maximum spacing, depending on material selected. 2. Hydroseed mix for native areas - refer to native grass and native shrub areas. 3. Hydroseed mix "transitional:" mix (i.e., blend native slope with residences). Zone 2 (transition landscape zone): 1. Hand planted rooted cuttings at 12" o.c. to 18" o.c. maximum spacing. Zone 3 (garden landscape zone): 1. Hand planted rooted cuttings at 6" o.c. to 12" o.c. maximum spacing. 2. Sod and grass. Shrub Materials: Massing of shrubs on pads and natural or manufactured slopes shall be planted with the following plant materials: Zone 1 (natural landscape zone): 1. Native, drought tolerant materials. Zone 2 {transition landscape zone): 1. Native, drought tolerant materials. 2. Adaptable ornamental and non - native materials. 22 Zone 3 (garden landscape zone): 1. Native, drought tolerant materials. 2. Hedges or formal materials, reviewed on a case -by -case basis. Palm Trees: Palm trees may be considered in addition to other minimum tree planting requirements and shall be reviewed on a case -by -case basis. Palm trees shall be limited to designs which are sympathetic to siting and Architectural characteristics. Palm trees shall not be allowed on sites which are adjacent to oak trees or other natural characteristics. Species of palm trees shall be limited to the following: Canary Island Palm, Feather Palm, Mediterranean Fan Palm, Queen Palm, Sago Palm. Plant Materials Not Suitable: These materials are in addition to all materials which are not suitable for the area due to climate zone, temperature, soils, et cetera. Some materials listed, if used in a unique and /or unobtrusive manner that would not adversely impact neighbors or off -site views, may be considered on a case -by -case basis. Common Name Norfolk Island Pine Orchid Tree Bamboo (over 12' high) Bottle Palm Horsetail Tree Carob Tree Dracaena Leyland Cypress Cypress False Cypress Dracaena spp. Coral Tree Eucalyptus (over 30' high) Wor Fichus Juniper (over 8' high) Palm Trees: King Palm Date Palm California Fan Palm Mexican Fan Palm Golden Trumpet Tree Mulberry Spruce Yucca 23 Botanical Name Araucaria Heterophylla Bauhinia spp. Bamboo Beaucarnea Recurvata Causarina spp. Ceratonia Siliqua Cordyline spp. Cupressocyparis Leyland Cupressus spp. Chamaecyparis spp. Dracena spp. Erythrina spp. Eucalyptus Citriodora Eucalyptus Cladocalyx Eucalyptus Globulus Eucalyptus Rudis Eucalyptus Viminalis Fichus spp. Junipus Archonto Phoenix Phoenix Dactylifera Washington spp. Tabebuia spp. Morus Alba Picea spp. Yucca spp. Vegetation Control: The Fire Department should be consulted to satisfy their requirements for vegetation control. The Fire Department will not permit framing of structures until their requirements for the control of combustible vegetation has been met. The applicant's Landscape Consultant shall visit the site to determine the extent and types of existing vegetation on the lot. The landscape plan shall show the native grasses and native shrub areas. For Native Grass Areas: If an applicant's proposed structure lies within a native grass area, the applicant shall be required by the Fire Department to accomplish the following: Prior to framing, all vegetation, excluding plant specimens whose limbs exceed 1" in diameter, shall be cut within 1" to 2" above grade to a minimum distance of 100 feet horizontally to a structure. In order to preserve the erosion control characteristics of the native ground cover plants, care should be taken to see that they are not removed altogether. The line of cutting shall meander to appear as a natural line. 2. The meandering line shall be shown on the landscape plan submitted for Preliminary Review. 3. All debris shall be removed from the site. 4. The applicant may plant oak trees on the meandering line separating the cut area from the area of natural growth to soften the edge. Approximately one tree for every twenty lineal feet planted in groups according to Graphic Exhibit #10 in the Appendix is recommended. 5. Hydro mulch mix shall be applied as follows: Lbs. /Acre Native Grass Area 6 6 10 6 Zorro Fescue (Festuca Megalura) Recommended Minimums 90 purity /germ 85/80 Berkeley Wildrye (Elymus Glaucus 'Berkeley') Cucamonga Brome (Bromus Arizonicus) Wild Oats (Avena Sativa) 24 85/80 85/80 85/80 For Native Shrub Areas: If an applicant's proposed structure lies within a native shrub area, the applicant shall be required by the Fire Department to accomplish the following: 1. Cut existing vegetation down to 18" from the ground and remove debris. Specimen trees and shrubs shall be retained and thinned out. Garden landscape areas shall have all vegetation removed except for oak trees or other specimens which shall be noted on the drawings. Bare areas shall be seeded per the "new mix'. In order to preserve the erosion control characteristics of the native shrubs, care should be taken to see that they are not removed altogether. 2. Groupings shall be thinned to a minimum spacing of 1 -112 times their height. For example, ten foot high plants should have a minimum space of 160" between canopies. The edge of cutting shall meaner, to appear as a natural line or massing. The meandering line or cluster massing shall be shown on the landscape plan submitted for Preliminary Review. 3. All debris shall be removed from the site at the end of each week. 4. Hydro mulch mix shall be applied. Contact the Fire Department for the recommended mix. TENNIS COURTS AND SIMILAR IMPROVEMENTS Tennis courts, sports courts, paddle ball, or similar improvements may be permitted on all lots. 1. Courts shall be located and installed ENTIRELY within the existing graded pad. 2. Courts shall observe a 20'0" setback to rear property lines and tops of slopes and 20'0" on side yards. 3. Tennis court fencing shall be a maximum height of 12'0 ". Heights shall be measured from the court surface and shall include retaining walls in the total height. All chain link fencing shall be green in color. Fencing in selected areas rather than a complete court enclosure is preferred. All other fencing shall be wrought iron per the fencing guidelines. 4. The use of tennis court lighting and solid wind screen devices shall be prohibited. 25 5. The court shall be softened and screened through the planting of mature evergreen landscaping. Tree and shrub plantings shall be provided adjacent to court fencing to soften the visual impact of the fencing from neighboring property and streets. The minimum number of trees provided for this purpose shall be 1 per fifteen lineal feet of fencing on all four sides. Trees should be planted in clusters. Shrubs shall be predominately selected from those listed in these guidelines. Vary in height and texture so as to create interest. Screening of the court is of utmost importance, and so additional planting may be required upon review of the site. YARD AND SECURITY LIGHTING All of these lighting systems — safety, security and landscape -- may be used in conjunction with one another. There are more sophisticated systems available such as TV camera surveillance systems that require at least two foot candles of illumination to operate, time clocks, or photo sensors that make your home appear to be occupied by turning lights on and off through the course of an evening, or infrared motion detectors that turn lights on when someone enters your property. Any burglar device can also be connected to your security lighting system so that all lights go on when activated. Proper maintenance and lamp replacement (prior to burn out) is very important. One burned out security light could result in an intrusion. Security lighting should be switched from the area indoors where you spend most of your evening hours. Low voltage wiring can enable you to switch your system from numerous locations. If your house has not been built yet, have your security lighting system planned and incorporated into the design /construction phase of your project. There are great cost savings and possibilities open to you in planning ahead for your system. Exterior Lighting: Yard and exterior wall lighting must be submitted for approval. Building mounted flood lights will not be approved; all lighting shall be a combination of decorative wall, ceiling and ground mounted lighting. Exterior lights on buildings may only be mounted below a 12'0" height, except on second story decks, which may be higher. The following is a set of general guidelines and recommendations for security lighting of the homes. It is necessary to shield lights from neighboring property and public rights of way with landscape. In an effort to prevent disturbing glare, these are approvable alternative lighting methods rather than the more common placement of floodlights on eaves that shine into people's eyes and onto others' property. Floodlights will not be allowed. 26 Ideally each homeowner should seek the advice of a professional to design a landscape lighting scheme, because this is the most aesthetically pleasing way to deter intruders. Security lighting must follow the following guidelines which all work to discourage vandalism and burglary by placing the intruder on stage when he nears your property. Entry Drive Lighting: Ground mounted lights at the curb cut are requested. No continuous driveway lighting will be allowed. One pair of lights may be provided at each driveway entry. No elements over 2'6" can be in front setback. Safety Lighting: This refers to the provision of light around stairs, walkways, driveways, garages and pool areas. These areas should be lit with either low -level path lights, bollard or step lights. You should consider the use of compact fluorescent sources that require less frequent relamping for these areas, or low voltage fixtures which are compact, easy to install and very safe from an electrical standpoint. Security Lighting: This refers to lighting the zone around your house and most importantly the vulnerable areas such as entries, house corners, low windows, densely landscaped areas and possible hiding places. Glowing wall sconces or bracket mounting cylinders that provide directional up and /or down light can be mounted to the walls providing a zone of illumination immediately around the house. This is an attractive alternative to glaring floodlights. Entries are effectively lit with recessed or surface - mounted downlights, or wall - mounted sconces (decorative or minimal) that provide even illumination and minimize shadows. It is wise to keep entry surfaces light in color so that the level of illumination is as bright as pleasingly possible. You will most likely want to use incandescent sources at entry locations -- especially your main entry because it is warmer and more inviting to guests. It is nice to contrast this warmth with cooler sources for landscape lighting. Cooler High Intensity Discharge (HID) sources such as mercury or metal halide render the greenery of planted material more attractively than incandescent light. They have very long lamp lives and consume far less energy than incandescent sources. High Pressure Sodium or Low Pressure Sodium HID's will not be approved because they produce an unnatural orange or yellow light that renders plant materials in a very "off' color. Landscape Lighting: This can create a wonderful nighttime environment by bringing to life the trees, bushes, flower patches and landscape features on your property. A bonus effect of this aesthetic enhancement is that of deterrence. The philosophy of landscape lighting can be quite involved — many stunning effects can be achieved through the appropriate use of various fixture types, lamp types, colors and beam spreads. 27 VACANT LOTS Lots which are vacant shall be kept clear of all weeds and debris. To prevent dumping or stockpiling of dirt or materials, each lot owner may install a barricade using 3- foot steel pipes and a chain or cable across the access to the lot (not the entire lot.) Vacant lots shall also be in conformance with all other conditions for parkway and slope planting and irrigation, winterization and erosion prevention. WINTERIZATION Erosion preventative systems, sandbagging, berming, et cetera, shall be provided on all lots. Provisions to prevent surface water damage to adjacent properties, arroyos, roadways shall be installed between November 15th and April 15th each rainy season. 28 T X b a E it i I 1 I j I I � 1 f i Top and Bottom rails 11/2" x 11/2" square horizontally set, step equally with shallow slopes, slope on steep slopes 3/4- x 3/4- square pickets at 4' o.c. - set plumb 2- x 2- square posts at 8' -0- max., set in concrete post base. hand dug beneath oaks - verify with c:r/ Cdors shall be black, unless otherwise approved. Wrought Iron Fence Exhibit 1 i;uu reouirea setDacx oer gwaeline _J Slope ascending from Street street , orocer.l vent' auowacte angle with City motes: 1 z 6" I T 5' 0" t. Refer to Guideline for standard rKutred setbacks. Z Refer to Guideline for required fence style and color 3. suomit sections showing slopes and fencing for adjusted setbacxs. Steep Slope descending from Street Fencing on slopes Exhibit 2 4'- 0' high Speaker on Stl. Post ` Optional Speaker Pilaster Refer to Exhibit 2' -6- f �_ max. ht. _ Terraced Planter Roadway Entry Gate T - 0' max.I 8--0- Max. �L pilaster j Public l Required Fronryard setback i Right per Arch. Guidelines of Way i �\ f A- Ascending Slope Driveway Notes: t. No element over 2'- 6' in height may be within setbacks, unless incorporated in a terraced design conforming to natural topography 2. Refer to exhibits for speaker and entry gates for additional information 3. Verify requirements with City 4'-0- high Speaker on stt. Post 2' -6' max. daylight height above street level Roadway — l I r 0- max. Pilaster Entry Gate 8' - 0' max. Public IAdjustedsetbackbased Right on 2' - 6' max. Daylight , of Way Verify required setback with City , B. Decending Slope Driveway Setbacks for Entry Gates Exhibit 3 T - 0' max. - A. Custom Speaker Pilatter Intercom speaker ul P Pipe )rt - Color tch w.l. 8. Standard Speaker Support consistant with house. Notes: 1. Verity Setback from Entry Gate with Supplier. 2 No Custom Speaker Pilaster may excaed Z-b' par Tier. All Tiars must step with slope. r X E i u Intercom Exhibit 4 DESIGN GUIDELINES The Prairie style of architecture is characterized by gently sloping roofs, low proportions, an emphasis on horizontal lines, two -story buildings with one - story porches or wings, sheltering overhangs, suppressed heavy -set chimneys, and massive square porch supports. Other features of this style may include the use of low - pitched hipped roofs with wide projecting eaves, contrasting wall materials or trim that emphasizes the upper story, contrasting colors on eaves and cornices, contrasting caps on porches, piers, balconies and chimneys, contrasting wood trim between stories and horizontal patterns in wall material or trim. Tall casement windows or ribbon windows (a continuous band of casement windows) may be used which also emphasize the top half of the upper story. Geometric patterns of small -pane window glazing may also be used. MfSSWE SQUARE PORCH SUPPORTS TWO STORIES WITH ONE -STORY PROCHES COW PITCHED ROOF DETAIL EMPHASIZING OR.WINGS WITH WIDELY HORIZONTAL LINES OVERHANGING EAVES c I Design Guidelines Exhibit 5 DESIGN GUIDELINES The Monterey style of architecture is characterized by having two stories with a low- pitched gabled roof (occasionally hipped) and a second -story balcony which may be cantilevered and covered by the principal roof. Roofs may be covered with wooden shingles or ceramic tiles. Wall materials are either stucco, brick, or wood (weatherboard, shingle, or vertical board -and- batten). The first and second stories frequently have different exterior materials, with wood over brick being the most common pattern. Paired windows and false shutters may be found. Door and window surrounds may be absent or of simple style. Full length windows may open onto the balcony form. ffitle.11a; Low PITCHED GABLED ROOF SECOND STORY BALCONY. USUALLY CAN11 EVERED AND COVERED BY PRINCIPAL ROOF Design Guidelines Exhibit 5 DESIGN GUIDELINES The features which characterize Spanish Eclectic architecture include a low - pitched roof; usually with little or no eave overhang and a red tile toof covering. One or more prominent arches may be placed above a door or a principal window or beneath a porch roof. The wall material is usually stucco, and the facade is normally asymmetrical. Several roof tiles are often used; Mission tiles which are shaped like half - cylinders, and Spanish tiles which have an S- shaped curve. Doors may have elements such as adjacent spiral columns, pilasters, carved stonework, or patterned tiles. Entrance doors of heavy wood panels which are sometimes arched above may also be used. Doors leading to exterior patios and balconies may be paired and glazed with multiple panes of rectangular glass. Windows may be accentuated by the use of one large focal window. These may be triple -arched or parabolic shape and may contain stained glass. Balconies are often cantilevered and may be open or roofed with wood or iron railings. Other typical . details include: tile- roofed (and otherwise decorated) chimney tops; stucco, brick, or tile decorative vents; fountains; arcaded walkways (usually leading to a rear garden); and round or square towers. ELAEORATE CHIMNEY TOPS TOWERS ROUND OR SQUARE OFTEN WITH SMALL TILED ROOF i STUCCO OR Tllf DECORATIVE VENTS �ISM U. 1 itw � RJR OR ROOFED. WOOD OR I RAIUNGS Design Guidelines Exhibit 5 Hf DESIGN GUIDELINES The identifying features of French Eclectic architecture include a tall, steeply pitched hipped roof with varied hipped roof massing (subordinate gabled sections may also be used). Roof line height is usually varied. Eaves are often flared at the roof -wall junction. Casement windows may be used so that the window top breaks the roof line. Eaves are commonly flared at the roof -wall junction. Upper stories often are overhanging, and a massive chimney may be used. Wall materials include brick, stone, or stucco; decorative half- timbering may also be found. The use of half - timbering with a variety of different wall materials, as well as roofs of flat tile, slate, or stone is a distinguishing characteristic of this style. Doors may be set within simple arched openings. Dormers are often used and include arched, hipped, and circular types.. Windows may be either double -hung or casement sashes and may contain small leaded panes. Full - length casement windows with shutters (French doors) are sometimes used. VARIED HIPPED ROOF MASSING (SUBORDINATE GABLED SECTIONS WINDOW TOP MAY ALSO BE USED) UPPER STORIES MIXED MATERIALS CASEMENT (I.E. STONE WrTH BRICK) WINDOWS Design Guidelines Exhibit 5 DESIGN GUIDELINES This style is derived from the "Venetian" Country Villa design. The style is noted by a sense of deep, massive stucco walls, and low roof pitches with little or no cave overhang. Details are deliberately kept simple and utilitarian in expression. Building massing may occasionally include tower -like elements to give a strong sense of identity to the landscape. These homes are usually two stories with hip roof forms, and roofs may be of clay tile. Other details may include windows that are banded with continuous trim, ornamental railings, and deeply recessed doors to indicate more mass. Design Guidelines Exhibit 5 tiiw�� «iii �.'�+. , y ���i ✓1�� Design Guidelines Exhibit 5 DESIGN GUIDELINES This style is related to the traditional Mediterranean style found throughout Southern California in recent years and is called a "Tuscan" cottage. It is characterized by the following design elements: one or two story homes, often with stucco walls and the roofs. However, the "Tuscan' cottage is more refined in proportion and detail - much more aligned with the Renaissance period of art and architecture. Details may include slender columns, semi - circular arches, ornamental moldings, castings, medallions, and the use of marble and granite. Tile accents may be found on the building facade. Garage doors may be made with heavy timber -like detailing. Windows may be ornamental/geometric shaped and may be surrounded with wood slab -type shutters. Other traits may include ornamental balconies, along with projected walls on brackets. Double arch arcades may be used to highlight the entryway. ORNAMENTA L/G EOMETRIC/ SHAPED WINDOWS V WOOD/HEAVY TIMBER - LIKE GARAGE DOORS e( WOOD SLAB - TYPE SHUTTERS ORNATMENTAL BALCONY AND PROJECTED WALL ON BRACKETS it ►t: /i�Iil� is /N�r DOUBLE ENTRY WrTH GATES f l�ti11I 4 CIE EXPRESSED BUILDING BASE Design Guidelines Exhibit 5 Graded Area S. Steep Slope (18% to 25%) Notes: 1. Grading shall conform to maximum allowable requiremants. 2. Building heights and massing shall conform to the maximum allowable requirements. 3. Second story massing shall be masked by one story massing. where a level Is buried In grade exceptions to the maximum area ratios may be considered. 4. All applications should include site sactionswithgrading and building massing indicated and dlmansioned. Sloped Sites Grading Examples Exhibit 6 c 0 M e `O lL _ A. wild Slope (12% to 18%) . Graded Area i L_ 0 3 •20' -T G C Q min. y N C • r d � O One Story B Mass a 3 m 0 3 C4 CL r= 0 Full Sto:Y ° P U- Overtxp to accomo� stslr only S. Steep Slope (18% to 25%) Notes: 1. Grading shall conform to maximum allowable requiremants. 2. Building heights and massing shall conform to the maximum allowable requirements. 3. Second story massing shall be masked by one story massing. where a level Is buried In grade exceptions to the maximum area ratios may be considered. 4. All applications should include site sactionswithgrading and building massing indicated and dlmansioned. Sloped Sites Grading Examples Exhibit 6 Roof Ridge Height Slope must be an extension of grading design surrounding dwelling x irush Floor—_ M E r (FF) below exterior grade\ X M E A. Exterior Finish Surface ` Areas at stairs which overlap do not have to comply with max. ht., but shall be reviewed on a case -by -case basis. - Chimneys and other minor architectural treatments maybe allowed to exceed max. ht. Finish Pad A E Finish Grade x (FG) 6' below EiL finish pad. B. Interior Finish Pad Notes: 1. Maximum heights of buildings are per lot classification or height restrictions. refer to guidelines. 2. Submittals must include building sections with height measurements indicated. 3. Designs which do not meet either diagram criteria should be verified with Architectural Committee and City Planning staff. How to Measure Building Height Exhibit : 7 Skylights Flush on roof 2nd Floor x A • L ist Floor s A. 2nd Story Area with Skylights One story facaae \ B_ 2nd Story Area with Dormers or Balcony Notes: 1. Refer to conditions of Architectural Guidelines and City Conditions. 2. Use of dormers and other architectural treatments is allowed to exceed envelope requirements, but shall be reviewed on a case- by -casa basis. 3. Generally, if a facade looks 2 -story it does not meet the intent of a low profile mass. 2 Story Low Profile Examples Exhibit 8 A. Dormer S. Tower , c E C. Loft `c E two story massing one story massing in Facade Notes: t. Refer to additional conditions and guidelines. 2. Dormer and chimney elements may be permitted to exceed thebuilding envelope If these features are minor In proportion to the roof and building massing. 3. Two (2) story massing must be masked by one story massing of no less than 2/3 proportion of each facade. story sling i story ssing lwo story passing one story -nassing UHS 2 Building Massing 9 All trees within groves to be the same species ,mallpr Sizes i No Scale. Tree Groupings Exhibit .10 APPLICATION CHECKLIST TRACT / LOT: OWNER: ARCHITECT: LANDSCAPE: BUILDER: TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE ILA A IFd 4.1x11 ICF• (• R.auirad for submittal: incom Beta submittal shall be considered a Progress Review Application Checklist Exhibit 11 Item Conceptual Preliminary Progress Final 1 Lot Classification ' 2 GLB Calculadons 3 Landscape Plans (tee chaddist) 4 Plot / Grading 5 Building Setbacks _ 6 Site Section 7 . P&rWng / Drive & Guest g Equipment Endowioe 9 Roof Plans 10 Area Calculations 11 Exterior Elevations 12 Sulding Sections 13 Building Height 14 Roof Plan 15 Solar Panels 16 Colors/Mteterials 17 Warranted Roo( Mtaterisl 18 Fee Per Guideline *fug fee due 19 Insurenee Con. refer to guideline 20 Bond refer to guideiine Application Checklist Exhibit 11 PAVILIONS AND DETACHED STRUCTURES: (•ReQuird for submittal: incomplete subrnittar_shaq be considered Progress Rsivow) Application Checklist Exhibit 11 Item Conceptual Preliminary Progress Fifia! 1 Plot and Grading • ' 2 Building Setbacks 3 Ewiprnent Enclosures 4 Floor Plan S Area Calculations ' 6 Exterior Elevations 7 Building Sections ' g Roof Plan ' 9 Fee Per Guideline rza fee due LANDSCAPE LAN: (*Rewired foe subtrinal: incomol.te submittal *NW be considered Progress Review) Item Conceptual Preliminary Progress Final 1 Plot Plan 2 Setbacks ' 3 Oak Tres Work. 4 fvlinirrxxn l Trees i Oaks 5 Transition Zones ' tS Irrigation Note ' 7 Pool Design ' 8 Pool EQuiprrwnt Endoeure 9 Shade Structure .Design ' 10 Colors ftAverisis ' 11 Mailbox Oesign/Location ' 12 Fence Deeign/Location 13 Entry Gate Design / Location 14 Fee Per Guideiin. *full fee due Application Checklist Exhibit 11 finale Family Residence Total Fee $2,000.00 3 reviews: conceptual, preliminary and final of residential and landscape plans as required. All plans must be included in a complete submittal, sudh-itted under one cover. Plans submitted separately will be reviewed as separate applications and require separate fees. Progress Reviews additional fee per review due to incomplete or a non - conforming submission by the applicant. Plan extension additional fee per extension request due to applicant's request for additional time to begin work. 375.00 Landscape and Pool Review Total Fee : -500.00 3 reviews: conceptual, preliminary and final, of landscape and/or pool plans as required. Review shall include patio covers and fencing if included in submittal. All plans must be included in a complete submittal submitted under one cover. Plans submitted separately will be reviewed as separate applications and require separate fees. Progress Review - Additional Fee per review Due to incomplete or a non - conforming submission by the applicant. Room Addition Review Total Fee 500.00 3 reviews: conceptual, preliminary and final, of a one or two room addition and Landscape plans as required. All plans must be included in a complete submittal submitted under one cover. Plans submitted separately will be reviewed as separate applications and require separate fees. Additional rooms included in Room Addition additional fee per room up to 4 total 250.00 Progress Review - Additional Fee per review due to incomplete or a non - conforming submission by the applicant. Pavilions (Requires separate application) Total Fee 500.00 3 reviews: conceptual, preliminary and final, of detached guest house or pool building plans as required. All plans must be included in a complete submittal submitted under one cover. Plans submitted separately will be reviewed as separate applications and require separate fees. Progress Review due to incomplete or a non - conforming submission by the applicant, Schedule of Fees Exhibit 12 Additional Fee per review 150M Landscape and Pool Review included with submittal Additional Fee per review 150.00 Patio Cover Review (submitted separately) Total Fee 150.00 One final review of patio cover, gazebo, shade structure plans as required. All plans must be included in a complete submittal submitted under one cover. Plans submitted separately will be reviewed as separate applications and require separate fees. Additional Concept/Preliminary/Progress reviews due to incomplete or a non - conforming submission by the Applicant. Additional Fee per review 100.00 FFencino pilasters. driveway pate Review (separate application) Total Fee 150 -00 One final review of fencing, pilasters, driveway gate plans as required. All plans must be included in a complete submittal submitted under one cover. Plans submitted separately will be reviewed as separate applications and require separate fees. Additional Concept/Preliminary /Progress Reviews due to incomplete or a non- conforming submission by the Applicant. Additional Fee 100.00 Tennis Court Review (requires separate application) Total Fee 500.00 Three reviews: conceptual, preliminary, and final, of tennis court and-related landscape as required. All plans must be included in a complete submittal submitted under one cover. Plans submitted separately will be reviewed as separate applications and require separate fees. Progress reviews due to incomplete or a non - conforming submission by the applicant. Additional fee per review 150.00 Major Modification Review (requires separate application) Total Fee 300.00 One final review of grading plans as required. All plans must be included in a complete submittal submitted under one cover. Plans submitted separately will be reviewed as a separate application and require separate fees. Additional Concept, Preliminary or Progress Reviews due to incomplete or a non- conforming submission by the applicant. Additional fee per review 200.00 Schedule of Fees Exhibit 12 Minor Modification Review (requires separate application) Total Fee 50.00 One final review of plans as required. All plans must be included in a complete submittal submitted under one cover. Plans submitted separately will be reviewed as a separate application and require separate fees. Additional Concept, Preliminary or Progress Reviews due to incomplete or a non- conforming submission by the applicant. Additional fee per review 100.00 ,Additional Services Appeal of Architectural Committee Rulings or Conditions 200.00 plus fees for additional services as required, billed hourly. Staff hourly rates: Architectural Consultant $75.00 per hour Administrative Secretary $50.00 per hour Additional Consultants per their hourly rate Document rates: Minutes of meetings $10.00 plus copying costs Research $50.00 plus copying costs Recopying of plans or submissions $50.00 plus copying costs Schedule of Fees Exhibit 12 Site Preparation: Work including cleaning, grubbing, excavation, stockpiling of soil, compaction and grading shall be performed within the lot area. Mature trees or common landscaping to be retained shall be protected by a chain link fence during all grading and construction operations. Soil being exported for a lot shall be trucked to a site outside of the Tract. No stockpiling of soil shall be allowed on any lot without specific approval. Site Maintenance: The General Contractor, Job Superintendent, employees and subcontractors and suppliers shall maintain the lot in a neat and clean condition at all reasonable times, neatly stockpiling all materials delivered for or generated by the works of improvements, and immediately remove any waste material and debris generated by the work. All streets, gutters, and adjacent property shall remain clean and free of dirt, trash, debris, or other materials related to or caused by the work. No materials of any type may be placed on adjacent lots or common areas, including, without limitation, the private streets. Washouts: Concrete trucks shall be limited to washout only on the lot where the residence is being constructed. All cement or concrete residues are to be removed from the lot. Dust Control: Each lot owner will provide adequate dust control during the course of construction. Use of Adiacent Property: Use of adjacent lot(s) for purposes of access, parking, equipment or materials storage will not be permitted without the written permission of the adjacent lot owner(s), which shall be on file with the Architectural Committee prior to use of the adjacent lot(s) for any purpose. Compliance: Every effort will be made by the Association, the Architectural Committee and Declarant to assure an orderly build out of all improvements to the lot. The Association, the Architectural Committee and Declarant reserve the right to deny site access to any general contractor, job superintendent, subcontractor, supplier or their respective employees who are in violation of the construction regulations. The Homeowner Association and its Architectural Committee further reserve the right to cause construction activities to stop in the event that: 1. Improvements to the lot are being built contrary to approved plans and specifications; and CONSTRUCTION PROCEDURES EXHIBIT 13 2. These Architectural and Landscape Guidelines, the declaration and security measures are not being complied with fully. Parkway Landscaping: All streets and all landscaping, landscaping easements and curbs adjacent to street must be restored to the original condition within thirty (30) days of completion of construction. This includes all trees, planting and ground covers which shall match the existing tract character. Parkway planting shall not be removed and shall be replaced as necessary. TEMPORARY CONSTRUCTION FACILITIES Temporary Toilet: A temporary toilet in good condition shall be provided by the lot owner for each Lot on which a residence is in the process of construction. They shall be kept a minimum of six (6) feet off curb at street front and six (6) feet off at all other property lines. The streets must be kept clear for emergency vehicles and for fire and safety purposes. These portable toilet units shall be maintained in a clean, sanitary and odorless condition. Temporary Construction Fence: A chain link fence shall be installed prior to the commencement of construction which shall run along all common area frontage and along the sideyard property lines. Storage: All construction materials and equipment shall be confined to the lot on which the residence is being constructed unless specific written authorization is given by an adjacent landowner for the storage of such materials. All materials shall be kept a minimum of 6'0" from the back of curb. No deliveries, stockpiling of materials, et cetera, shall be allowed to remain in the street. Damages to the street, curb or landscaping, et cetera, shall be returned tot he original condition promptly. Trash Removal: A steel roll -off dumpster shall be maintained on the lot during construction. The dumpster shall be emptied regularly. It should be kept a minimum of six (6) feet off curb at street front and six (6) feet off at all other property lines. The streets must be kept clear for emergency vehicles and for fire and safety purposes. Temporary Structure: One construction trailer will be allowed per lot. All trailers must be in good shape and should be earth tone in color. No trailers used for living on the site are allowed. CONSTRUCTION PROCEDURES EXHIBIT 13 All construction trailers shall be kept a minimum of 60" from the back of curb. No trailers shall be allowed to remain in the street. Damages to the street, curb or landscaping, et cetera, shall be returned to the original condition promptly. EXCEPTION: Applicants who cannot achieve this criteria must submit for consideration a written request and a site plan specifying the proposed location. CONSTRUCTION PROCEDURES The following shall be conditions of any approval. It shall be the responsibility of the owner of the residence on which an approval was granted to insure these conditions are enforced upon all persons or firms used, engaged or employed in carrying out any operation or trade. Commencement of Work: Prior to commencement of construction, each Owner must submit to the Architectural Committee for its files copies of the following documents: One copy of the Building Permit issued by the City. 2. One set of plans and color boards with the Architectural Committee approval shall be kept in good condition on the job site during and after construction. 3. A list of all contractors, sub - contractors and suppliers which will remain on file in the office of the Architectural Committee. DURING CONSTRUCTION Commencement of Construction: Construction must commence within 180 days of the approval of the plans by the Architectural committee and Public Agencies and the issuance of building permit by the City. A Certificate of Occupancy shall be obtained by the Owner within twenty -four (24) months of the commencement of construction. If these conditions have not been satisfied, the Architectural Review Committee shall have the right, but not the obligation, to demand a re- submission of plans and specifications and such other documentation as it shall, in its discretion, deem necessary and appropriate. In the event City Ordinances are more restrictive, such Ordinances shall be controlling. Hours of Operation: Work hours are 7:00 a.m. to 7:00 p.m. (Winter hours 7:00 a.m. to dusk). No work on Sundays or major holidays. CONSTRUCTION PROCEDURES EXHIBIT 13 Construction Compliance Deposit: Each owner shall post and maintain a construction compliance deposit in the form of cash, a cash bond or surety bond, naming Architectural Committee Property Owners Association as obligee, in the amount of five thousand dollars ($5,000.00) to ensure proper clean up of dirt, debris and repair of any damage to the landscaping and streets within Architectural Committee or a neighboring Lot, correcting of security, safety or health risks or hazards resulting from construction activities on the Lot and such expenses, including attorneys' fees, associated with enforcing the provisions of these Architectural and Landscape Guidelines and the Declaration. The deposit or any remaining portion thereof is refundable upon the completion of the Custom Home Residence less amounts used for corrective purposes. The Architectural Committee, at its discretion, shall approve the release of the deposit after determining that any damage caused by the Owner in the modification of this Residence has been repaired and restored. CONSTRUCTION PROCEDURES EXHIBIT 13 GLOSSARY OF TERMINOLOGY (Also refer to the CC &R's for additional related definitions and glossary terminology.) ARCHITECT: A licensed professional who must prepare architectural designs and plans to graphically represent the proposed architectural improvements. ARCHITECTURAL COMMITTEE: A committee which reviews and discusses your project's compliance with the Architectural Guidelines. ARCHITECTURAL PLANS: Plans necessary to graphically represent the proposed architectural improvements. ASSOCIATION: The property owners' group which oversees and enforces the common sense rules by which the aesthetics of your neighborhood are maintained. This group is involved with the Architectural Committee in the review of house designs and meets to hear issues of general concern to you and your neighbors. BUILDING CODE: Rules used by the City Building and Safety Department to control life, safety and building standards. CC &R's: Covenants, Conditions and Restrictions which inform the homeowner of regulations imposed on the property that either have been done, shall be done, or shall not be done and limits the use of the property or prohibits certain uses subject to enforcement by such organizations as homeowner associations, local governing authorities, or the courts. CANTILEVER STRUCTURE: A form or portion of a building which is supported on a beam or series of beams which extend beyond a perimeter support point or line and supported by a downward force behind that perimeter support (fulcrum). CIVIL ENGINEER: A licensed professional who must prepare grading, drainage, and siting designs and plans to graphically represent the existing site conditions and the proposed improvements. COMMUNITY DEVELOPMENT DEPARTMENT: The City's staff who review the architectural and planning conditions of the proposed improvements. Although the Conditions of the City are generally similar to the Architectural Guidelines, you should contact the Community Development Department. GLOSSARY OF TERMINOLOGY EXHIBIT 14 CONTOURS: The dashed lines on a grading plan or survey that indicate the elevation of the terrain on the site. DAYLIGHT: The point at which an element of construction, such as an underground drain pipe, or an imaginary horizontal line below grade, extends to meet natural grade or "daylight." FENCE: Any mad -made barrier which you can see through but not pass through. Examples would include: wrought iron posts, split rail. FILL: Any dirt, rock material which is two feet or more that is added to the elevation of the grade. GRADE: Existing grade refers to the topography of a given lot at the time of purchase. All lots have been graded. LANDSCAPE ARCHITECT: A licensed professional who must prepare landscape designs and plans to graphically represent the proposed landscape improvements. LANDSCAPE ZONE: The area in which a lot exists. By looking up the landscape zone your lot is in, you can determine the nature of the plantings allowed. For example: if a lot is on an upper hillside, drought resistant plants would be recommended and grass would be restricted to the grading limit boundary. If the lot was located in a valley, a different grouping of trees and bushes would be allowed to create a more formal look. NATURAL BENCH: A natural formation within a hillside where the slope decreases significantly to create a more or less flat area for a distance of 20'0" or more. PLOT PLAN: This plan includes general information on the way the house and hardscape are situated on the site. Included in this plan would be the perimeter of the footprint of the house, the finished floor elevations, the drive and walk locations, any site restrictions, and topography. RPD: Residential Planned Development — a document which sets forth the requirements of the tract, and is a designated zone per City ordinance. REFRACTORY MATERIAL: Within the context of these Guidelines, this term is used in reference to chimneys and the materials with which they are clad. It is the intent of the tract to preserve the original character of the fireplace by requiring its exterior material to be of rock, brick, plaster, et cetera. GLOSSARY OF TERMINOLOGY EXHIBIT 14 SURVEYOR: A licensed professional who must survey the existing topographical and manmade or natural characteristics of the property prior to design of proposed improvements. This information is communicated in a survey. SURVEY: A plan that represents the existing topography, man -made or natural, and perimeter of a site. TRACT: A group of lots that have been created within a legal jurisdiction, all subject to the same characteristic conditions. TRACT CONDITIONS: Those requirements set on a group of lots by the City. TREE CONSULTANT: A professional who surveys the accurate tree dripline and health of a mature tree. This survey is required by the City where there are proposed improvements. WALLS: Any solid barrier 18" or greater in height, usually employed for retaining privacy and screening things from view such as mechanical equipment. GLOSSARY OF TERMINOLOGY EXHIBIT 14 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION February 8, 1996 CONDITIONAL USE PERMIT NO. CUP -94 -1 CONDITIONS OF APPROVAL I. DEPARTMENT OF COLrIIrIMITY DEVELOPMENT CONDITIONS Permitted Uses 1. Conditional Use Permit No. CUP -94 -1 is granted for the land and project identified as Moorpark Country Club Estates Golf Course Project: General Plan Amendment No. 94 -1, Zone Change No. 94 -1, Phased Tentative Map No. 4928, and CUP -94 -1. The location and design of all site improvements shall be as shown or described on the approved Vesting Tentative Map (Sheets 1 -4), Conceptual Landscape Plans for Streets and Entranceways (Sheets 1 -4), Clubhouse Plans (Site Plan: Sheet 1, Floor Plan: Sheet 2, East and North Exterior Elevations: Sheet 3, Exterior Elevations West and South: Sheet 4, and Clubhouse Entry Drive Plan /Elevation: Sheet 5), and approved mitigation monitoring program (Attachment 1), except or unless indicated otherwise herein in the following conditions. The approved project includes two 18 -hole golf courses (hereinafter referred to West and East golf courses), driving range, 20,400 square feet of clubhouse facilities for the West golf course, a 1,940 square foot Pro - shop /Office /Storage building for the East golf course, a 3,500 square foot cart storage building and a 3,500 square foot maintenance building for the West golf course, and two parking areas to serve both golf courses and related facilities (total parking spaces provided is 263, as shown on the site plan). City and Other Agencv Regulations 2. The design, maintenance, and operation of the permit area and facilities thereon shall comply with all applicable City Zoning Code and Municipal Code regulations, and all requirements and enactments of Federal, State, County, and City authorities, and all such requirements and enactments shall, by reference, become conditions of this permit. 3. 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. In instances where more than one set of rules apply, the stricter ones shall take precedence. Use Inauguration 4. This CUP is initially approved for a time period of three (3) years from the date of approval of the permit. At the end of the first three -year period, the Director of Community Development may grant a one (1) year continuance of the Permit if use inauguration has not 1 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION February 8, 1996 occurred; however, the Applicant /Developer must provide evidence of due diligence towards inauguration of the project. If at the end of the first three -year period only partial construction of approved uses has occurred, the Director of Community Development may grant a five (5) year extension through a Minor Modification process if due diligence towards completion of construction of the approved uses has been provided. If at the end of the first three -year period all approved uses and facilities have been constructed and full compliance with all conditions has been accomplished, the Director of Community Development may grant a ten -year extension through a Permit Adjustment process. Additional ten year extensions may be granted by the Director through the Permit Adjustment process. The Applicant /Developer must file an application for a Permit Adjustment or Minor Modification, as required above, at least 30 days prior to the approved termination date of the permit. Discontinuance of Use 5. This CUP shall expire when the uses for which it is granted, including two golf courses, clubhouse, and driving range, are abandoned for a period of 180 or more consecutive days. This section is not intended to apply to occurrences beyond the control of the property owner. The City reserves the right to modify the CUP approval if one or more, but not all approved uses are abandoned. Prohibited Uses /Modification to Permit 6. All facilities and uses other than those specifically requested in the application for CUP -94 -1 are prohibited. The location and design of all site improvements shall be as shown or described on Vesting Tentative Map No. 4928, and the approved CUP site plan, elevations, floor plan, and conceptual landscape plans. Other uses, configurations, or designs are prohibited unless an application for a Modification has been approved by the City of Moorpark. Any minor changes to this permit shall require the submittal of an application for a Minor Modification and any major changes to this permit shall require the submittal of a Major Modification as determined by the Director of Community Development. Transfer or Assignment of the Permit 7. A transfer of this permit shall not be effective until the name and address of the transferee and the date when such transfer shall take place, together with a letter from the new owner certifying agreement to comply with all conditions of this permit is filed with, and acknowledged in writing by the Director of Community Development. No later than ten (10) days after change of ownership or lessee of this property, the Director of Community Development shall be notified in writing, of the new owner or lessee. The same letter shall state that the new owner or lessee has read all 2 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION February 8, 1996 conditions pertaining to this Permit and agrees with said conditions. Failure to abide by this condition shall render the CUP null and void and shall cause the cessation of all operations granted by said CUP. Severability 8. If any of the conditions or limitations of this permit are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. Applicant /Developer Defense Costs 9. The subdivider shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the CUP, 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 /Developer 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/ Developer shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers, and employees pursuant to this condition. The City may, within its unlimited discretion, participate in the defense of any such claim, action, or proceeding if both of the following occur: a. The City bears its own attorney fees and costs; b. The City defends the claim, action, or proceeding in good faith. The Applicant /Developer shall not be required to pay or perform any settlement of such claim, action, or proceeding, unless the settlement is approved by the Applicant /Developer. The Applicant /Developer's obligations under this condition shall apply regardless of whether a Final Map is ultimately recorded with respect to the proposed CUP project. Acceptance of Conditions 10. The acceptance of this permit and /or commencement of construction and /or operations under this permit by the Applicant /Developer shall be deemed to be acceptance of all conditions of this permit and all City Council approved mitigation measures. 3 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION February 8, 1996 Condition Compliance Costs 11. The Applicant /Developer shall pay all outstanding City case processing and environmental impact report related costs, prior to issuance of a grading permit or Zoning Clearance for construction /building permit. Prior to approval of any grading, building, encroachment or other permit related to this entitlement, the Applicant /Developer shall also submit to the Department of Community Development a deposit to cover all costs incurred by the City for Condition Compliance and mitigation monitoring review of the proposed project. Environmental Ouality Assurance Program 12. The mitigation monitoring program shall be enforced through implementation of an Environmental Quality Assurance Program (EQAP) by the City. The Applicant /Developer shall pay for 100 percent of the City's cost, including administrative fee, to hire a qualified consulting firm to monitor grading, construction, and mitigation compliance. General procedures governing Environmental Quality Assurance Programs (EQAP), which implement California Environmental Quality Act (CEQA) Mitigation Monitoring Requirements, shall govern this monitoring effort. The selected consultant shall be familiar with golf course development. Zoning Clearance for Buildina Permits 13. Prior to submittal of construction plans for plan check or initiation of any grading or other construction activity, a Zoning Clearance shall be obtained from the Department of Community Development. The request for Zoning Clearance shall be accompanied by three complete sets of all applicable construction plans. Zonina Clearance for Occupancy Approval and Business Reaistration 14. A Zoning Clearance from the Community Development Department shall be required for occupancy /final building permit approval for each golf course, the driving range, each clubhouse building, and all other maintenance /storage buildings. A Zoning Clearance and Business Registration shall also be required prior to operation of each independent business operation in the approved buildings, to ensure compliance with City Municipal and Zoning Code and CUP requirements. The Community Development Department may determine that certain uses will require other types of entitlements or environmental clearance. Hold Harmless Aareement 15. Prior to Zoning Clearance approval, construction plans may be submitted to the Building and Safety Department and City Engineer for plan check with a City approved Hold Harmless Agreement. CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION February 8, 1996 Citywide Traffic Mitigation Fee 16. For all golf course lots, prior to approval of the first phase of Final Vesting Map No. 4928, the subdivider shall execute a covenant running with the land, on the behalf of itself and its successors, heirs, and assigns, agreeing to participate in the formation of an assessment district or other financing technique, including but not limited to the payment of a citywide traffic mitigation fee, should such a mechanism be established by the City. Art in Public Places Fee /Obliaation 17. The Applicant /Developer shall contribute to the City of Moorpark's Art in Public Places Fund, an amount of $10 per each 100 square feet of building area; or, if approved by the City Council, may install an art work of equivalent value near or at the clubhouse facilities. Ordinance 102 Requirement 18. The applicant shall pay a fee established pursuant to Ordinance 102 in the amount of $.05 per square foot of building area to be used to install, maintain, and replace landscape work on public property for the purpose of mitigating the removal of the natural landscape from the property of the new development. Relationship to Vestina Map No. 4928 19. No Zoning Clearance for golf course construction shall be issued until Phase 1 of Vesting Map No. 4928 has been recorded. Non - Compliance with Conditions of Approval Deemed a "Public Nuisance" 20. The Director of Community Development may declare a development project that is not in compliance with the Conditions of Approval or for some other just cause, a "public nuisance." The Applicant /Developer shall be liable to the city for any and all costs and expenses to the city involved in thereafter abating the nuisance and in obtaining compliance with the Conditions of Approval or applicable codes. If the Applicant /Developer fails to pay all city costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance exists (Municipal Code Section 1.12.080). Not withstanding the aforementioned sanctions, non - compliance with conditions of approval may also be used as justification for cancellation of this CUP. In such a case, the Director of Community Development shall schedule a revocation hearing before the City Council. Provision for Imaae Conversion of Plans into Optical Format 21. Upon recordation and prior to the first occupancy approval, the builder shall provide to the City an image conversion of any associated building, landscape, public improvement, elevation, and site plans into an optical format acceptable to the City Clerk. 5 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION February 8, 1996 Conditions, Covenants and Restrictions (CC &R's) 22. Consistent with the requirements of Vesting Tentative Map No. 4928, this permit requires the preparation of CC &R's and By -laws establishing a Master Owners' Association for the proposed Project area, or annexation of the "C" Street Common Maintenance Areas" into a City Assessment District. The total cost of the maintenance provided by either an Owners' Association or an Assessment District shall be borne by the property owners within the entire Vesting Map No. 4928 area, as applicable. Modification of CC &R's 23. If a Master Owners' Association is created, such Association may modify the CC &R's only to the extent that they do not conflict with the terms of approval of the Vesting Tentative Map No. 4928, this CUP, and RPD Permit No. 94 -1. Sixty (60) days notice must be given to the City of the intent to modify CC &R's. Further, it is the sole responsibility of the Owners' Association to enforce the CC &R's. Gateway Entrance Monumentation Streetscape Standards and Neiahborhood Desian Form 24. Both the eastern and western entrances to the proposed project shall provide appropriate landscaping and golf course signage at entry points. A sign program shall be submitted to the Director of Community Development for review and approval prior to the first golf course occupancy approval. An orderly and consistent street tree planting program shall be required for both entranceways to provide a landscaping pattern that resembles a rural ranch entry road design. Trees shall be spaced at equal intervals or clustered as approved by the Director of Community Development. Recommended tree plantings for these entry points and along "C" Street shall include the non - natives typically used in ranch settings for entryways including pepper, eucalyptus, and olive trees. Other street tree plantings shall be consistent with the Ventura County Guide to Landscape Plans. The Director of Community Development shall review and approve all gateway, streetscape, and street tree planting programs for the project prior to fine grading permit approval, and all such landscaping for each approved phase shall be installed prior to the first occupancy for that phase. Ridae Setback and Plantina 25. A condition of approval for Vesting Tentative Map No. 4928 requires that the east facing slope areas for lots Nos. 1, 2, 3, and 216 shall be incorporated into golf course lot No. 218 and maintained by the east golf course operator. Landscaping on the east facing slope and ridge areas, shall emphasize restoration and enhancement of existing native and non - native habitat (to include typical ranch type trees, similar to the planned project entrances). 6 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION February 8, 1996 General Gradina Seauence 26. Rough and fine grading permits shall be required to complete construction of required residential and golf course infrastructure and lots: 1) a mass or rough grading permit may be approved prior to recordation of Phase 1 of the Final Vesting Map, subject to submittal and approval of a grading agreement, compliance with other conditions of approval, and provision of surety as required by City to guarantee "C" Street improvements, reclaimed water and drainage improvements, mitigation measures, landscaping and erosion control measures, and any other required improvements as determined by the Director of Community Development and City Engineer; and 2) subsequent fine or precise grading permits shall be issued for individual phases of the Final Vesting Map. Contour Gradin 27. Rough and fine grading plans must conform with the principals of contour grading. Manufactured landforms shall be contoured and daylight grading techniques shall be used to provide a smooth and gradual transition of graded and natural slopes, while preserving the basic character of the surrounding ridgelines of the site. Rough and fine grading plans for lots and golf courses shall be reviewed for compliance with these principals by the Director of Community Development and the City Engineer. Also, the grading plans shall indicate the manner in which the graded slopes shall be blended with the natural slope of the site. Temporary Irriaation for Erosion Control Landscapina 28. Temporary irrigation shall be provided for all non permanent erosion control landscaping until it is replaced with permanent irrigation, unless otherwise approved by the Director of Community Development. Temporary irrigation must be replaced with permanent irrigation prior to issuance of the first occupancy approval, unless drought tolerant plants selected do not require permanent irrigation. Stabilize Slopes 29. Planned vegetation, irrigation, structures, roadways, paths, and continuing maintenance programs shall be used to stabilize manufactured slopes. Aesthetic Treatment of Manufactured Slopes 30. Suitable quantities of trees massed near the landform crest and shrubs of varying sizes on graded slopes shall be used to screen structures and to soften the visual appearance of the graded slopes. Drainaae Between Lots 31. Cross lot drainage shall not be allowed; all lots shall drain directly to an approved drainage system. 7 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION February 8, 1996 Drainaae Structures 32. Concrete drainage structures shall be tan colored concrete and, to the extent possible, shall incorporate natural structure and landscape to reduce their visibility. Perimeter Fencing /Wall Requirements 33. Perimeter fencing or walls shall be provided in areas where golf course users could obtain access to surrounding private rural residential or agricultural lands. Fencing adjacent to agricultural lands shall be chain -link and a minimum of 8 feet in height. The location of this perimeter fencing shall be as shown on the perimeter fencing /wall plan, required to be submitted and approved prior to approval of the first phase of the Final Vesting Map. The perimeter golf course fencing shall be installed for each golf course prior to occupancy approval. All property line walls or fencing shall be no further than one inch from the property line. Multi -Use Trail 34. A 20 -foot multi -use trail easement is included within the golf course lots and dedication of the easement is a requirement of Vesting Tentative Map No. 4928. Patterned Pavement 35. Patterned pavement shall be provided for the clubhouse entry drive near the intersection with "C" Street and shall also be provided at the entrances to the parking lots, and to emphasize pedestrian crossing areas in parking lots, subject to the approval of the Director of Community Development. Agricultural and Land Use Compatibilitv 36. No structures of any size or type, with the exception of drainage structures and infrastructure required by the City or other public agency, shall be allowed within the 100 -foot non - building area, restricted -use easement, as shown on Vesting Tentative Map No. 4928, and the landscaping within such easement shall be required to be consistent with the Fire Hazard Reduction Program that will be prepared prior to recordation of Phase 1 of the Final Vesting Map. Landscapina Requirements 37. Complete landscape and irrigation plans (2 sets), together with specifications and a maintenance program, shall be prepared for the Common Maintenance Areas (as required for Vesting Tentative Map No. 4928) and all golf course areas prior to rough grading permit approval. The landscape and irrigation plans shall be prepared by a State Licensed Landscape Architect, generally in accordance with the Ventura County Guide to Landscape Plans, and shall be submitted C CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION February 8, 1996 to the Director of Community Development for review and approval. The subdivider shall bear the cost of the landscape plan review, installation of the landscaping and irrigation system, and of final landscape inspection. All tree replacement, common area landscaping, golf course area landscaping, and permanent erosion control landscaping, shall be installed and receive final inspection prior to issuance of an occupancy approval for either golf course, with the exception that all streetscape landscaping shall be completed within 90 days of completion of the related course street base. The Landscaping and Irrigation Plans shall include landscaping specifications, planting details, and design specifications consistent with the following requirements: a. Irrigation: Irrigation shall be provided for all permanent landscaping identified in the approved landscape plan. The Applicant /Developer shall be responsible for maintaining the irrigation system and all landscaping until such time as a Owners' Association, maintenance district, golf course operator, or other entity accepts the responsibility. b. Tree Report: The information contained in the Final Vesting Map No. 4928 Tree Report, regarding which trees are to be saved or retained on the site, shall be noted on the landscape plan. C. Tree Replacement: The landscape plan for "C" Street and the entranceways at Walnut Canyon and Gabbert Canyon Roads shall specify how trees removed during the rough and fine grading phases of the project will be replaced in accordance with Municipal Code requirements. d. Streetscape Elements: The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths within the limit of this permit. e. Streetscape Appearance: All landscaped pedestrian walkways shall be designed to provide an aesthetically pleasing streetscape appearance. All pedestrian walkway plans shall be subject to approval of the Director of Community Development. f. Tree Planting: A sufficiently dense tree planting plan emphasizing tall growing trees and /or shrubs shall be designed for the golf courses and club house area. The percentage of trees for the clubhouse area shall be as follows: 40 percent - 15 gallon, 30 percent - 24 inch box, and 30 percent - 36 inch box size in order to provide screening in a three to five year time period. The percentage of trees and sizes for the golf courses shall be approved by the Director of Community Development based on the intent to provide mature trees in a three to five year time period. Recommendations regarding 9 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION February 8, 1996 planting, that are included in the mitigation monitoring program, shall be incorporated to the degree feasible into the landscaping plan. g. Landscaping Near Intersections: Landscaping at site entrances and exits and at any intersection within the development shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. h. Landscaping Within Median and Parkways: Landscaping shall be designed so as to not obstruct the view of any exterior door or window from the parking area. i. Trees Prohibited Directly Under Lighting Fixtures: Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. j. Equipment Screening: Backflow preventers, transformers, or other exposed above grade utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and /or a wall. k. Shade Coverage: A 50 percent shade coverage shall be provided within all open parking areas. Shade coverage is described as: the maximum mid -day shaded area defined by a selected specimen tree at 50 percent maturity. 1. Raised Planters: Plantings in and adjacent to parking areas shall be contained within raised planters surrounded by six - inch concrete curbs. As required by the Zoning Code, the clubhouse parking lots shall be revised to provide that where vehicles overhang both sides of a planter, such planter shall be a minimum of 8 feet wide, and where vehicles overhang one side of a planter, such planter shall be a minimum of 5 11 feet wide. M. Berms: For golf course lots 218 and 220, graded berms shall be constructed along all parking areas abutting or visible from any street or residential lot to act as a screen. Such berms shall have a maximum height of 4 feet and a minimum height of 3 feet and shall be landscaped. n. Graffiti Prevention: At major and minor entrances and any where a wall exists, the area directly in front of the wall shall be planted with security planting to prevent graffiti. o. Maintenance and Replacement: Prior to Owners' Association, maintenance district, golf course operator, or other entity's acceptance of responsibility for the landscaping, the Applicant /Developer shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the approved landscape and irrigation plans. 10 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION February 8, 1996 p. Maintenance Easements: The subdivider shall agree to provide the necessary maintenance easements to the City for those designated Common Maintenance Areas. Prior to recordation of each phase, the Final Map shall indicate all landscape planting and maintenance easements. The subdivider shall maintain the right to protest the amount and spread of any proposed assessment in relation to the formation of a landscape maintenance assessment district, if and when created by the City. The subdivider shall record a covenant to this effect. q. Irrevocable Offer of Dedication: The subdivider shall provide an irrevocable offer of dedication of easements adjacent to public and private roads for all slope areas adjacent to roadways that are proposed to be landscaped. r. Native and /or Drought Tolerant Plantings: The use of native and /or drought - tolerant shrubs and trees shall be utilized for landscaping purposes in order to stabilize graded slopes and encourage the return of some wildlife species displaced from the project site as a result of grading activities. Any turf plantings shall also be drought tolerant, low water -using varieties. S. Exotic Plants Prohibited: Exotic plants which are known to spread beyond their original plantings and invade native habitats such as Pampas Grass, Spanish Broom, and Tamarisk shall not be used. t. Code Enforcement: The continued maintenance of the Common Maintenance Areas shall be subject to periodic inspection by the City. The Applicant /Developer or responsible Homeowners' Association shall be required to remedy any defects in ground maintenance, as indicated by the Code Enforcement Officer within five (5) days after notification. Reclaimed Water Requirements 38. Reclaimed water shall be used for all common area landscaping irrigation and for golf course irrigation. Blending with potable water shall be permitted , for golf course greens, as approved by the Director of Community Development. Prior to rough grading permit approval, the City Engineer shall require a surety bond for the construction of the reclaimed water facilities and infrastructure. Reclaimed water shall be available to the golf courses prior to commencement of irrigation. 39. After golf course operations have been initiated (subsequent to the initial landscape establishment period) , the Applicant /Developer (or successor) shall, renegotiate existing agreements with Waterworks District No. 1 to reduce contract allotments for potable and 11 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION February 8, 1996 reclaimed water to correspond with the demonstrated demands of the project. Entitlements from the District shall be reviewed at the first CUP consistency review by the Director of Community Development. Surety for Rough Grading 40. A rough grading permit shall not be approved until the City Engineer, and the Director of Community Development approve the acceptance of a Performance Bond to guarantee implementation of the erosion control plan, construction of "C" Street and all related improvements including landscaping, construction of all drainage improvements, implementation and maintenance of habitat restoration (as required by the mitigation monitoring program), construction of off -site circulation improvements, and full recordation of the Final Vesting Map for the entire Project site. In the case of failure to comply with this condition, the City Council may by resolution declare the surety forfeited. Upon completion of rough grading and erosion control plan compliance to the satisfaction of the City, and following recordation of all phases of the Final Vesting Map, the City Council may reduce the amount of the bond; however, the bond must be kept in full effect for a minimum of one year following rough grading to ensure adequate erosion control and revegetation. Surety for Common Maintenance Area Improvements 41. No Zoning Clearance shall be issued for grading or other construction activities until all "C" Street Common Maintenance Area improvements specified in the conditions of approval for this permit and Vesting Tentative Map No. 4928 have been provided or the Director of Community Development approves the acceptance of a Performance Bond to guarantee the construction, installation, and maintenance of "C" Street Common Maintenance Area improvements including, but not limited to perimeter tract walls (including stucco treatment), fences, median and parkway landscaping, slope planting, irrigation, and other landscape improvements. Required improvements shall be completed prior to issuance of a Certificate of Occupancy. In case of failure to comply with any term or provision of this condition, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the City, the City Council may reduce the amount of the bond; however, the bond must be kept in full effect for one year after the last occupancy to guarantee that items such as, but not limited to, perimeter tract walls, including stucco treatment, landscaping, fences, slope planting or other landscape improvements are maintained. Surety for Reclaimed Water Facilities and Infrastructure 42. Reclaimed water shall be used for all common area landscaping irrigation. Prior to rough grading permit approval, the City Engineer shall require a surety bond for the construction of the reclaimed water facilities and infrastructure. 12 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION February 8, 1996 Surety Reauired for Occupancy Prior to Comoletion of all Golf Course Improvements 43. No occupancy for either golf course shall be approved until all required golf course improvements specified in this permit have been completed or the City Engineer and Director of Community Development approve the provision of a faithful performance bond. Said improvements shall be completed within 120 days of issuance of the occupancy approval. In case of failure to comply with any term or provision of the bond agreement, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the City Engineer and Director of Community Development, the surety may be exonerated by action of the Director. Lot Boundary Revisions and Slope Maintenance Requirement 44. A condition of approval for Vesting Tentative Map No. 4928 requires that the east facing slope areas for lots 1, 2, 3, and 216 shall be incorporated into golf course lot No. 218 and maintained by the east golf course operator. Bioloaical Resource Preservation 45. Prior to the first golf course occupancy approval, replacement/ recreation of a total of 3.9 acres of Valley Needle Grassland habitat shall be provided within one or more protected areas of either the east or west golf courses and shall be maintained by the golf course operator(s). 46. Prior to rough grading permit approval, the project site plan shall be modified to clearly identify areas of dedicated open space within which native habitats shall be retained or restored. Approximately 2 acres of lot No. 217 shall be set aside for native habitat restoration. The restoration shall occur prior to occupancy approval for either golf course. Any other proposed uses for lot 217 shall require a CUP Modification approval as specified in Condition No. 6. 47. Prior to issuance of building permits for golf course construction, the Applicant /Developer shall fund a $60,000 Venturan Coastal Sage Scrub Community research program to be managed by the City. 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 about restoration or propagation of the community. The research program shall include a study of the ecological issues related to the management of the community. Provision must be made for disseminating the results of the study. Research programs shall be performed only by qualified 13 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION February 8, 1996 professional botanists, wildlife biologists, or other relevant researchers. 48. Prior to the issuance of building permits for the golf courses, the Applicant /Developer shall fund a $30,000 sensitive species research program to be managed by the City. The purposes of this program shall be to study how best to assist in providing adequate marginalized habitats in areas of urban encroachment for sensitive species that are predicted to occur within the Moorpark Country Club Estates property and surrounding area. The program shall include an updated inventory of sensitive species occurring in the Moorpark area. Recommendations shall be made to provide modifications to the Moorpark General Plan Open Space, Conservation, and Recreation Element to improve the accuracy of the existing inventory of native fauna. Management suggestions designed to permit at least the marginal survival of native wildlife shall be provided. The study shall also provide management advice on native fauna for agencies and private individuals. Provision must be made for disseminating the results of the study. Research programs shall be performed only by qualified professional botanists, wildlife biologists, or other relevant researchers. 49. Native plants shall be used in the restoration of areas disturbed by the construction of the project. The City shall monitor the use of native plants through the review and approval of all project landscape plans. 50. Prior to issuance of grading or building permits for either golf course, the City shall verify that provisions are included in the golf course construction and landscaping plans for the creation of two artificial freshwater springs, which shall be established along the western Gabbert Canyon Creek riparian corridor. The location of these artificial springs shall be designated by a qualified vertebrate biologist and botanist. These artificial springs shall be maintained to provide year round flows of appropriate water volumes (similar to existing springs in the region). The created spring systems shall be designed to reproduce the conditions present at the existing natural springs in the region. The springs shall be appropriately revegetated with native plants (Typha sp., Scirpis sp., and Salix sp.) and other stream side plants common in the region. The springs shall not be developed within 500 feet of any proposed trail system. 51. Prior to the issuance of grading or building permits for the golf course facilities, the City shall verify that provisions are included in the construction and landscaping plans for the restoration of riparian canopy within an area occupying a minimum of 10 acres of woodland riparian habitat. The landscape plan and subsequent monitoring shall require the successful establishment of the following species and plant quantities: 14 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION February 8, 1996 Species Quantity: Alnus rhombifolia (Alder) 15 Acer negundo Subsp. (Box Elder) 10 Platanus racemosa (Sycamore) 40 Salix lasiolepis (Arroyo Willow) 40 Sambucus mexicana (Elderberry) 20 Juglans californicus (Walnut) 20 Quercus agrifolia (Live Oak) 30 Trees shall, at a minimum, be 5 gallon container specimens (except for willows) or bare root at the time of planting with a height of 7 feet from the root crown to the top branch. The restoration program in drier areas shall be coordinated with the establishment of artificial springs (required by preceding condition) . A long term supply of fresh (or reclaimed) water shall be provided to assure the perpetuity of the plants. Adequate root guard protection shall be provided to reduce mortality from rodent activity. All mature riparian species trees identified in the tree report for the project shall be preserved. Habitat Enhancement Planning and Project Design 52. Policies and programs to reduce non - native plants, and encourage native plants shall be included in the design of both golf courses and associated clubhouse facilities. At a minimum, the following program guidelines shall be included: a. Removal of non - native plants. b. Planting a variety of native plants to increase biological carrying capacity. C. Maintenance programs to ensure the long -term health and viability of plant and animal communities. d. Restrictions on the use of chemicals or pesticides which have documented, detrimental, long -term effects on the biological communities within oak woodlands, riparian areas, and lakes. e. Restrictions on any management practices to eliminate any "pest" species which may live in the oak woodlands, riparian areas or lakes, unless the Planning Division first approves such practices. Such approvals should only be granted in unusual situations such as threats to public health. f. Assurances that the project will constitute a viable preserve for at least some locally rare, listed, or endangered plants. g. Use the on -site lakes for the encouragement of native aquatic plants and amphibians. 15 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION February 8, 1996 h. Habitat enhancement planning shall be coordinated with the California Department of Fish and Game. The plan shall include a long -term monitoring provision. Buffer Zone 53. A buffer zone approximately 25 feet wide, measured from the top of the bank, shall be maintained adjacent to all protected drainages identified in the Certified Final Environmental Impact Report Biological Constraints Map. This buffer is designed to protect these areas from impacts resulting from the proximity of project - related activities. This buffer shall be subject to the following policies: a. The exact location of this buffer zone shall be determined by the Community Development Director in consultation with an independent biologist. b. This buffer zone shall be identified and staked to the satisfaction of the Director prior to grading operations. C. No physical alterations other than revegetation shall be allowed within this buffer zone unless an independent biologist approved by the City has certified that such work would not damage the integrity of the buffer. Prohibited activities generally include: grading, cut, fill, clearing, landscaping, storage of equipment and materials, vehicular parking and irrigation (except for the establishment of native plants). Required flood - control improvements and bank protection are exempt from this requirement. Mature Tree Protection Reauirements 54. This project shall not initially remove any mature tree protected under the City Tree Protection Ordinance. Damage or removal of any protected tree by this project shall be subject to the provisions of the Tree Protection Ordinance: a. No grading or other activity (e.g., equipment and material storage, parking, etc.) shall occur within the driplines on protected trees. To ensure this, temporary protective fencing shall be installed at least one foot outside the dripline of every such tree prior to grading. b. Grading and other activities may occur between the dripline and 10 feet beyond the dripline of every protected tree only if the project appointed City Arborist first conducts a field survey of the situation and certifies to the City that the protected tree will not be damaged by the proposed activity. In addition the Arborist shall monitor these activities while they occur to ensure that the protected tree is not damaged. 16 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION February 8, 1996 C. Prior to grading, the grade subject to review by the Arborist shall be staked and otherwise marked as off - limits for activities not previously approved by the Arborist. Also, the off -limit areas shall show on the approved grading plan with notes to the grading contractor on the face sheet of the approved grading plans. d. Prior to grading, the Arborist shall tag and evaluate the health of every protected tree on the site, and develop a program of treatments to ensure the long -term health and survival of the trees. The results of this study shall be approved by the Community Development Director prior to start of grading or land clearing of any kind. On -Site Tree Nursery to Augment Regionally Depleted Oak Woodlands and Other Habitats 55. An on -site tree nursery shall be developed and maintained within the golf course area to propagate plant species for use on site, and for free public distribution. The Community Development Director shall approve the location of this nursery. The nursery operational plan shall be approved prior to occupancy approval for the first golf course. Plants shall be distributed to the public on an annual arbor day, or at the Director of Community Development's discretion. At a minimum, 100 oak seedlings (5 gallon or larger) and 100 other native broad leaf trees (5 gallon or bare root) shall be made available annually free of charge to the public. Such events shall be advertised by the golf course operators. Intearated Golf Course Management (IGCM) Plan 56. Prior to rough grading permit approval, the Applicant /Developer shall prepare and submit to the City for review and approval an Integrated Golf Course Management (IGCM) Plan to address water quality impacts of the golf courses; or preparation of the IGCM Plan may be deferred to prior to Zoning Clearance for a building permit for the first golf course, if an interim drainage plan is approved by the City Engineer. The intent of this requirement is that the permanent drainage plan shall be designed to be in conformance with the IGCM Plan. The management regime recommended in the IGCM Plan shall be the governing document for the long term maintenance of water quality associated with development of the project. The City shall periodically monitor adherence to the requirements and management guidelines contained in the Plan. The Plan should require periodic analysis of the nutrients in the reclaimed water and the nutrient and moisture requirements of the grass and other landscaping within the golf courses. The plan shall be developed, at the Applicant /Developer's expense, by experts in golf course design, surface water and groundwater hydrology, turf management, mechanical, and biological controls, arborists, and experts in native California plants. In addition, the City may, at its sole discretion and at the 17 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION February 8, 1996 Applicant /Developer's expense, use City staff or outside consultants to review the plan. These costs shall be included in the maximum annual monitoring cost specified in the Project Mitigation Monitoring Program. The Plan shall require that each golf course operator incorporates the following basic management practices into golf course operations: a. Testing of soils and turf conditions at regular intervals. This will provide information to determine the application rates for non - potable water, fertilizers and pesticides so that the following can be accomplished: b. Nutrient levels between those received from the reclaimed water irrigation and those applied by the golf course staff can be balanced. C. Pesticides can be applied only when necessary to cure a problem, and in positively identified pre- emergent situations, not as a preventative measure. d. Fertilizers in either slow - release forms or in light, frequent application of soluble forms can be applied to improve nutrient recovery. e. Constructing golf course areas (tee boxes, landing areas, greens, etc.) to collect and drain irrigation /storm water runoff to on- project first flush basins. f. Reusing collected irrigation water. g. Using computer controlled irrigation systems with ground moisture sensors to control irrigation rates and levels to match soil moisture and infiltration rates. h. Using wetting agents to aid infiltration and reduce runoff. i. Using wells in the area to monitor groundwater quality. A testing program, implemented as part of the county -wide Storm Water and Groundwater Monitoring Program, will establish a benchmark composition of existing groundwater. Water quality will then be measured on a yearly basis for the first five years of golf course operation. j. Late evening application of pesticides; k. Use of biological controls for insects (such as installing swallow and bat boxes on the golf course); 1. Use of insect resistant cultivers; 18 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION February 8, 1996 M. Development of thresholds to determine when pesticide use would be appropriate; n. If 2, 4 -D is used, it should be as a sodium salt (which is less toxic to nontarget organisms). 57. The IGCM Plan shall also be consistent with the following additional requirements: a. The use of chemicals for golf course management shall be permitted in conjunction with natural systems of turf management. Natural methods of biological control include selection of plant materials to minimize the need for chemicals (e.g., insect and disease resistant plant species, use of plant species which inhibit plant growth under their driplines, etc.). b. Use of mechanical techniques where possible (e.g. manually removing weeds, rather than using herbicides; installation of "gopher barriers" (i.e., underground wire mesh) around tees and greens to discourage gophers in sensitive areas; use of traps rather than chemical pesticides to control animal pests, and aeration /filtration of standing water. C. Use of biological control techniques where possible (e.g. use of frogs for mosquito larva control, etc.). 58. The use of irrigation water on site shall be minimized where possible using such techniques such as: a. Time water irrigation to avoid hot periods of the day (i.e., to avoid excess evaporation), or early night (i.e., to avoid plants being wet throughout the night and thus potentially being more susceptible to diseases). b. Extensive monitoring and recording of soil moisture, and daily evapo- transpiration rates to maximize irrigation efficiency. C. Establish deep moisture in the soils, avoiding evaporation and encouraging deep root growth. d. Hand water only during the day to preclude wilt. e. Low permeability membranes and /or clay shall be installed under all lakes to prevent loss of irrigation volume. f. Procedures shall be developed to monitor turf maintenance, including anticipated irrigation rates and schedules, and shall be designed to reduce or eliminate the amount of irrigation run -off. 59. When chemicals are used they should be selected to the extent possible for the following characteristics: 19 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION February 8, 1996 a. Application of chemicals at the proper time of day to maximize plant uptake and minimize runoff or underground migration (e.g., avoid spraying when very hot, before rainstorms, etc.) . b. They should be specific to the target species (e.g., sex pheromones to trap insects) rather than be broad spectrum pesticides. C. They should not utilize long - lasting residuals compounds. d. They should not readily evaporate any dangerous compounds or readily migrate through groundwater. e. Procedures shall be developed to record and monitor the use of chemicals, including the type, application rates, and frequency of use, and methods of handling and storage. 60. A program shall be developed to monitor on -site and off -site surface and ground water quality to be reviewed by the City and by the County Public Works Agency. 61. The design and location of all golf course ponds shall be reviewed by the California Department of Fish and Game or City approved biologist, prior to approval of the improvement plans by the City Engineer and Director of Community Development. 62. The most recent applicable Environmental Protection Agency Stormwater and NPDES regulations shall apply to this project. 63. All runoff from man made impervious surfaces such as parking lots shall be filtered through grease /oil traps before discharge into drainage facilities leading offsite to minimize surface runoff of potential water contaminants. The contents of the traps shall be disposed per local and State regulations. 64. In the event that significant ground water or surface water contamination from the project is found to occur by either the County of Ventura or the Regional Water Quality Control Board, the Applicant /Developer or golf course operator shall take whatever steps are deemed necessary by the identifying agency to remove contamination and prevent future impacts. 65. To the degree feasible (given elevation differences in the course design), drains placed under greens, tees, and fairways shall be directed into the on -site lakes. Collected water could be recycled for irrigation use. In areas where drainage to lakes is not possible, the use of impermeable membranes and other water quality protection features shall be considered for incorporation into the course design. 20 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION February 8, 1996 66. Measures to reduce water consumption throughout the golf course operation shall be incorporated into the irrigation plan for the project. The measures shall include, at a minimum: a. Use of drought tolerant turf and other plant materials. b. Use of drip irrigation systems for plants and other low water irrigation systems for turf. A proposed irrigation system includes computerized controls, weather stations, and high -tech distribution systems. C. Installation of separate metering systems on the domestic and irrigation supplies to monitor water used for each purpose. d. Installation of low -flow plumbing fixtures in all buildings and /or areas in the clubhouse locker rooms, rest areas and restaurant. e. Installation of insulation on cold and hot water pipes to minimize warming of cold water pipes and cooling of hot water pipes. Such insulation can help conserve water by reducing unnecessary running of water. f. Integration of this plan with the Habitat Enhancement Plan. 67. The golf course landscaping and irrigation plans shall be prepared as a component of the IGCM Plan. In addition to the previously identified landscaping requirements, the IGCM Plan landscaping component shall address the following goals and policies: a. Drought tolerant plant materials shall be used as practical. b. Plant species which would not attract deer to certain areas shall be considered along the landscaped golf course perimeter. C. California native plants shall be used as much as possible, with species native to or naturalized in the Moorpark Region given preference in landscape planning. d. If non - native species are used, they should be non - invasive varieties. e. A long -term maintenance program for the native species shall include regular monitoring programs. f. Landscaping within 100 feet of residential properties shall be consistent with the Fire Hazard Reduction Program prepared in conjunction with Vesting Map No. 4928. 21 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION February 8, 1996 Cultural Resource Mitigation Plannina 68. A cultural resource monitoring program shall be instituted during the initial vegetation clearance for the project. The purpose of this monitoring program is to determine if any significant deposits not identified during the Phase I survey exist within the project boundary. The monitoring shall be limited to the initial vegetation clearance phase of the rough grading program. If cultural deposits meeting the significance criteria defined in CEQA Guidelines are encountered, limited data recovery shall be conducted. The costs of this data recovery shall be limited as defined in Appendices to CEQA Guidelines. Chumash representatives shall be actively involved in the monitoring and any subsequent phases of the project mitigation program. Participation shall include monitoring of archaeological investigations, construction monitoring, and data analysis. Paleontoloaical Data Recover 69. Prior to issuance of a Rough Grading Permit, a Paleontological Mitigation Plan, outlining procedures for paleontological data recovery, shall be prepared and submitted to the Director of Community Development for review and approval. The development and implementation of this Plan shall include consultations with the Applicant /Developer's engineering geologist. The monitoring and data recovery work shall be performed by a qualified paleontologist. The data recovery should include periodic inspections of excavations and, if necessary, fossil data recovery should be performed to recover exposed fossil materials. The costs of this data recovery shall be limited to the recovery of a reasonable sample of available material. The interpretation of reasonableness shall rest with the Director of Community Development. Air Ouality Mitigation Fee 70. Prior to issuance of a Zoning Clearance for a building permit for either golf course, the Applicant /Developer shall be required to make a contribution to the reduction of local and regional air quality impacts through the payment of an air quality impact fee to the Moorpark Traffic Systems Management Fund consistent with the fee recommendations contained in the Ventura County Guidelines to Air Quality Impact Analysis. Fees shall be paid for emissions in excess of the 25- pound - per -day ROC /NOx significance threshold. Sianaae Program 71. Prior to the issuance of an occupancy approval for the first golf course, a comprehensive sign program for the entire golf course project shall be submitted along with the construction plans for Director of Community Development review and approval. The sign program shall be designed to provide for a uniform on -site sign arrangement and design. 22 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION February 8, 1996 a. A maximum of 3 monument signs shall be permitted and located outside of the public right of way near the following intersections: Grimes Canyon Road and "C" Street, Walnut Canyon Road and "C" Street, and "C" Street and the clubhouse area entry road. Monument signs shall be a maximum of 4 feet in height. b. Wall signs shall be permitted consistent with Zoning Code requirements. C. A sign permit is required for all signs. d. All proposed signs shall conform to the approved sign program, prior to issuance of a sign permit by the Director of Community Development or his designee. Earthauake Design Requirements 72. The golf course clubhouses shall be designed according to the most recent UBC requirements to accommodate structural impacts from ground acceleration and maximum credible earthquake event. Utility Room 73. A utility room with common access to all meters and a roof access ladder shall be provided. No exterior access ladder of any kind shall be permitted. Utility Lines and Equipment 74. All proposed utility lines within and immediately adjacent to the project site (as determined by the Director of Community Development) shall be placed underground to the nearest off -site utility pole. All existing utilities shall also be undergrounded to the nearest off -site utility pole with the exception of 66 KV or larger power lines. Any above grade utility equipment boxes shall be placed adjacent to landscaped areas and screened on three sides. Loadina Area /Turning Radii 75. The required loading area and turning radii shall be depicted on the plot plan. A 45 foot turning radius shall be provided for loading zones consistent with the AASHO WB -50 design vehicle. Downspouts 76. No exposed exterior downspouts shall be permitted on the clubhouse buildings. Roof Mounted Equipment 77. All roof mounted equipment (vents, stacks, blowers, air conditioning equipment, etc.) should be screened by the parapet wall 23 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION February 8, 1996 on all four sides. Prior to the issuance of a Zoning Clearance, the location of any roof mounted equipment and the final design of the roof equipment screening shall be approved by the Director of Community Development. If the parapet cannot be designed to screen all required roof equipment, a separate roof screen shall be designed so as to be tall enough to block all views of equipment and shall be maintained during the life of the permit. The construction material shall match the color and material used in the construction of the building. Colors, materials and building appendages (such as mechanical equipment on the roof, etc.) of the proposed building shall be compatible with adjacent development and non - reflective in nature. Exterior Ground Level Eauipment 78. Any outdoor ground level equipment and storage (such as loading docks, shelter docks, maintenance vehicle storage areas, etc.) shall be screened from view by a masonry wall and landscaping, the design of which shall be approved by the Director of Community development or his designee. The wall shall be constructed of materials and colors consistent with the main building. Buildina Materials and Colors 79. All exterior building materials and paint colors shall be approved by the Director of Community Development to ensure compatibility with adjacent development and consistency with conceptual approved plans. Skylights 80. If skylights are proposed, the specific type and model must be approved by the Director of Community Development to ensure that they shall be of an opaque type to minimize evening illumination as viewed from the exterior. Noise Generation Sources 81. All roof mounted equipment and other noise generation sources on -site shall be attenuated to 55 dBA at the property line, or to the ambient noise level at the property line measured at the time of the occupant request. Prior to the issuance of a zoning clearance for initial occupancy or any subsequent occupancy, the Director of Community Development may request that a noise study be submitted for review and approval which demonstrates that all on -site noise generation sources would be mitigated to the required level. The noise study must be prepared by a licensed acoustical engineer in accordance with accepted engineering standards. Parking Reauirements 82. The parking areas for both golf courses shall be constructed consistent with Zoning Code requirements for space size and 24 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION February 8, 1996 landscaping. A parking/ striping plan shall be submitted to the Community Development Director for review and approval in conjunction with Zoning Clearance review. The striping for parking spaces and loading bays shall be maintained so that it remains clearly visible. All parking areas shall be surfaced with asphalt or concrete and shall include adequate provisions for drainage, striping and appropriate wheel blocks, curbs, or posts in parking areas adjacent to landscaped areas. All entrance /exit driveways shall be a minimum of 30 feet in width, with a minimum aisle width of 25 feet. No overnight parking of any semi - trucks or truck trailers shall be permitted. A total of 263 parking spaces have been approved for both golf courses. The following are specific parking area requirements for the two golf courses: a. East Golf Course (Lot No. 218): A minimum of 61 spaces is required for the East golf course (based on a 1,940 square foot building), and not more than 50 percent of the parking requirement can be provided off -site, within 500 feet. If a portion of the East golf course parking spaces are to be provided off -site, a recorded lease is required to provide that the parking will exist as long as the use it serves, unless the parking is replaced with other spaces. b. West Golf Course (Lot No. 220): Consistent with the approved West golf course plans (includes 20,400 square feet of clubhouse facilities and 40 driving range spaces /tees), a minimum of 232 parking spaces shall be provided, including 30 spaces for the East golf course, unless those spaces are to be provided within lot No. 218. One loading zone is also required, a minimum of 12 feet wide by 40 feet long. Enforcement of Vehicle Codes 83. Prior to occupancy of either golf course, the Applicant /Developer shall request the City to enforce appropriate vehicle codes on the golf course properties as permitted by Vehicle Code Section 21107.7. Franchise Hauler Usaae Form 84. Prior to issuance of a Zoning Clearance for Occupancy, the Franchise Hauler Usage Form must be submitted by the Applicant /Developer to the Community Development Department. The Moorpark Municipal Code Section 8.36.080 requires that only the City's franchised or permitted haulers provide residential, commercial, and temporary drop box /bin solid waste collection services. Rubbish and Recycling Disposal Areas 85. Rubbish and recycling disposal areas shall be depicted on the final construction plans. The number and size of the bins required, and 25 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION February 8, 1996 the space allocation for areas of disposal with enclosures shall be approved by the Director of Community Development and the City employee responsible for recycling /solid waste management programs. a. Rubbish disposal areas shall include adequate, accessible and convenient areas for collecting and loading recyclable materials. The dimensions of the recycling area shall accommodate containers consistent with current methods of collection in the area in which the project is located. b. Adequate number of bins or containers shall be provided to allow for the collection and loading a recyclable materials generated by the development. C. The design of the refuse disposal areas shall be compatible in design with the development and the surrounding area. d. Disposal areas shall be protected from weather conditions which might render collected recyclable materials unmarketable. e. Driveways or travel aisles shall provide unobstructed access for collection vehicles and personnel, and provide the minimum vertical clearance of 30 feet, or other specified clearance required by the collection methods and vehicles utilized by the hauler. f. A sign, approved by the Director of Community Development, clearly identifying all recycling and solid waste collection and loading areas, and the materials accepted therein shall be posted adjacent to all points of access to the recycling areas. g. Refuse disposal areas shall not be located in any area required by the Municipal Code to be constructed or maintained as unencumbered, according to fire and other applicable building and /or public safety laws. h. Recycling area (s) shall be located so they are convenient and adjacent to regular refuse collection areas. i. Enclosures: the design of the refuse enclosure shall be subject to the approval of the Director of Community Development, prior to the issuance of a zoning clearance: i. All rubbish disposal areas shall be screened with a six foot high, solid wall enclosure with metal gates. Pipe guards shall be eliminated around typical rubbish bin enclosures. ii. In cases where space for 2 three cubic yard bins is required (107" x 84 or 168" x 53.511), the opening of any bin enclosure must be at least 84 inches (the size of a 26 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION February 8, 1996 three cubic yard bin). This requirement applies to the amount of space exposed when the gate is fully opened. Each refuse \recycling enclosure shall have gates and should be designed with cane bolts to secure the gates when in the open position. iv. Space allocation for rubbish and recycling enclosures shall be designed in a manner that complies with the equal access requirements of Title 24 of the American with Disabilities Act. Liahtina Restrictions 86. For all exterior lighting, a lighting plan shall be prepared by an electrical engineer registered in the State of California and submitted to the Department of Community Development for review and approval prior to Zoning Clearance for the first golf course. The lighting plan shall achieve the following objectives: Avoid interferences with reasonable use of adjoining properties; minimize on -site and off -site glare; provide adequate on -site lighting; limit electroliers height to avoid excessive illumination; provide structures which are compatible with the total design of the proposed facilities and minimize energy consumption. The lighting plan shall include the following: a. A photometric plan showing a point -by -point foot candle layout to extend a minimum of twenty (20) feet outside the parking lot and clubhouse boundaries. The layout plan is to be based on a ten (10) foot grid center. Down lighting and accent landscape and building lighting shall be employed throughout the project. Entrance lighting along project access roads shall be compatible with the surrounding rural neighborhood. b. Maximum overall height of fixtures in the parking lots shall not exceed twenty (20) feet, unless otherwise approved by the Community Development Director. Driving range lighting may exceed 20 feet in height if evidence is presented to the Director of Community Development pertaining to the required height and adequate screening to minimize light and glare impacts. C. Fixtures must possess sharp cut -off qualities with a maximum of one foot candle illumination at property lines. d. There shall be no more than a seven -to -one (7:1) ratio level of illumination shown (maximum -to- minimum ratio between lighting standards). e. Energy efficient lighting fixtures shall be provided which are compatible with adjacent properties. 27 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION February 8, 1996 f. A minimum of one, and a maximum of two foot candle illumination with a 1.5 foot candle average, or as otherwise approved by the Director of Community Development to satisfy concerns of the Police Department for clubhouse exterior door illumination. g. No light shall be emitted above the 90 degree or horizontal plane. No direct light source shall be visible from the street or adjacent properties. h. All exterior lighting shall be shielded and directed downward to avoid light and glare on neighboring properties. i. Lighting devices shall be high enough to prohibit tampering by anyone on the ground, unless tamper -proof fixtures are approved by the Director of Community Development. All parking areas shall be provided with a lighting system capable of illuminating the parking surface with a minimum maintained 1 -foot candle of light and shall be designed to minimize the spillage of light onto adjacent properties. All exterior lighting devices shall be protected by weather and breakage resistant covers. Odors 87. No noxious odors shall be generated from any use on the subject site. Hours of Operation for Clubhouse Bar Snack Shon Restaurant / Banquet Rooms, Golf Course and Drivina Ranae and Lightina Restrictions 88. The permitted hours of golf course operation shall be seven days a week, approximately from sunrise to sunset. Use of the golf course driving range shall be limited to hours between sunrise and 9:00 p.m. Driving range lights shall, without exception, be shut down by 9:15 p.m. No night lighting shall be permitted along the golf courses; golf courses will be for daylight play only. Snack bar operations shall be limited to from sunrise to 9 p.m. The restaurant, banquet rooms, and related clubhouse facility operations shall be limited to the hours between 6:00 a.m. and 2:00 a.m. Alcoholic beverage service and bar operations shall be restricted to the hours between 10 a.m. and 2 a.m. The Police Department conditions should be referenced for further restrictions related to alcohol sales. Graffiti Removal 89. Any graffiti on golf course property shall be removed within five (5) days from written notification by the City of Moorpark. All such graffiti removal shall be completed to the satisfaction of the City. 28 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION February 8, 1996 II. CITY ENGINEER CONDITIONS PRIOR TO ISSUANCE OF A GRADING PERMIT FOR ROUGH GRADING, TIE FOLLOWING CONDITIONS SHALL BE SATISFIED: General Requirements 90. The Applicant /Developer shall have received City Council approval for all phases of Tract Map 4928 and the staged grading exhibit and schedule. PRIOR TO ISSUANCE OF A ZONING CLEARANCE FOR EITHER GOLF COURSE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: Phasing Reguirement 91. Phase 1 and 2 of Final Vesting Map No. 4928 must be recorded per the approved phasing plan. Street Improvements 92. The final design for the project entrance(s) shall be reviewed and approved by the Director of Community Development and City Engineer prior to the issuance of a zoning clearance for the first golf course constructed. PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR EITHER GOLF COURSE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: Federal Emergency Management Agency (FEMA) Maps 93. All FEMA Maps shall have been updated or a letter of Map revision issued for those areas in the Flood plain altered by construction of this project. Walnut Canyon Road 94. Prior to occupancy of the first golf course of Tract 4928, the Applicant /Developer shall have improved Walnut Canyon Road. Grimes Canyon Road 95. Prior to occupancy of the first golf course of Tract 4928, construction modifications to Grimes Canyon Road and the Grimes Canyon Road / "C" street intersection are required to be completed. 96. Prior to occupancy of the first golf course of Tract 4928, the intersection improvements to the Grimes Canyon Road and the Grimes Canyon /Highway 118 (Los Angeles Avenue) intersection shall be completed. W CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION February 8, 1996 Interior Streets 97. Prior to occupancy of the first golf course of Tract 4928, "C" Street shall be completed. A stop sign shall be provided at the intersection of "C" Street and the clubhouse entry drive. A tunnel shall be constructed under "C" Street, north of the west golf course ninth hold green to allow golf course users to cross under the roadway. 98. All interior streets shall be completed as the phasing plan requires and as directed by the City Engineer. Utilities 99. Utilities, facilities and services for the project area shall have been extended and /or constructed in conjunction with its phased development by the master developer as the project proceeds. 100. Installation of all electrical, natural gas, telephone and provision for solid waste collection services and cable television to the Project Area will be completed. Solid waste collection will be provided by private companies as regulated by the City. These services will be phased in conjunction with development of the project area. DURING CONSTRUCTION, 27M FOLLOWING CONDITIONS SXALL APPLY: 101. Grading may occur during the rainy season from October 15 to April 15, if approved by the City of Moorpark and subject to installation of debris and erosion control facilities. Erosion control measures shall be in place and functional between October 15th and April 15th. Along with the erosion control measures, hydroseeding of all graded slopes shall be required within 30 days of completion of grading. 102. That prior to any work being conducted within the State, County, or City right of way, the subdivider shall obtain all necessary encroachment permits from the appropriate Agencies. 103. Work conducted during the school year shall be coordinated with the Moorpark Unified School District and the City Engineer. 104. All trucks importing or exporting fill to or from the Tract shall use tarpaulins to cover the load and shall operate between the hours of 9 a.m. to 5 p.m. on weekdays only. As an option the haul material may be watered in lieu of covering. (If approved by the City Engineer) 30 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION February 8, 1996 105. All unimproved areas with vehicle traffic shall be watered periodically and the vehicle speed shall be limited to 15 mph. 106. During site preparation and construction, minimize disturbance of natural groundcover on the project site until such activity is re- quired for grading and construction purposes. 107. During clearing, grading, earth moving or excavation operations, dust emissions should be controlled by regular watering, paving con- struction roads and other dust prevention measures. The Applicant /Developer shall submit a dust control plan, acceptable to the City, concurrently with submittal of the rough (as opposed to the precise) grading plan. This plan shall include, but is not limited to, the following measures: a. Water all site access roads and material excavated or graded on or off -site to prevent excessive amounts of dust. Watering shall occur at least two times daily, preferably in the late morning and after the completion of work for the day. b. Cease all clearing, grading, earth moving, or excavation operations during periods of high winds (15 mph or greater in one hour). The contractor shall maintain contact with the Ventura County Air Pollution Control District (APCD) meteorologist for current information about average wind speeds. C. Water or securely cover all material transported off -site and on -site to prevent excessive amounts of dust. d. Minimize the area disturbed at any one time by clearing, grading, earth moving and excavation so as to prevent exces- sive amounts of dust. e. Keep all grading and construction equipment on or near the site, until these activities are completed. f. Wash off heavy -duty construction vehicles before they leave the site. g. Apply nonhazardous chemical stabilizers to all inactive portions of the construction site. When appropriate, seed exposed surfaces with a fast - growing, soil- binding plant to reduce wind erosion and its contribution to local particulate levels. h. Observe a 15 mile per hour speed limit for the construction area. i. Periodically sweep public streets in the vicinity of the site to remove silt (i.e., fine earth material transported from the site by wind, vehicular activities, water runoff, etc.) which may have accumulated from construction activities. 31 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION February 8, 1996 108. The Applicant /Developer shall request that all employees involved in grading operations on the project wear face masks to reduce the inhalation of dust which may contain the fungus which causes San Joaquin Valley Fever. 109. Maintain equipment engines in good condition and in proper tune as per manufacturers' specifications to prevent excessive emissions. 110. All diesel engines used in construction equipments should use high pressure injectors. 111. All diesel engines used in construction equipments should use reformulated diesel fuel. 112. During smog season (May- October) the City shall order that con- struction 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. 113. During site preparation and construction, construct temporary storm water diversion structures per City of Moorpark standards. 114. 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. 115. Immediately surrounding property owners shall be notified in writing on a monthly basis of construction schedules involving major grading. 116. Construction activities shall be limited to between the following hours: a) 7:00 a.m. and 7:00 p.m. Monday through Friday, b) 9:00 a.m. to 5:00 p.m. Saturday. Saturday construction will be permitted with these hour restrictions if complaints from adjacent neighborhoods are minimal. No construction work is to be done on Sundays pursuant to City Ordinance #149. 117. Truck noise from hauling operations shall be minimized through establishing hauling routes which 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 approved by the City Engineer. 118. The Applicant /Developer shall ensure that construction equipment is fitted with modern sound - reduction equipment. 119. Equipment not in use for more than ten minutes should be turned off. 32 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION February 8, 1996 120. The fuel injection grading of all diesel engines used in construction equipment should be retarded two degrees from the manufacturer's recommendation. 121. Construction grading shall be discontinued on days for first stage ozone alerts (concentration of 0.20 ppm) as indicated at the Ventura County APCD air quality monitoring station closest to the City of Moorpark. Grading and excavation operations shall not resume until the first stage smog alert expires. 122. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriff's Department, and the City Construction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. PRIOR TO ACCEPTANCE OF PUBLIC 2NPROVFMITS AND BOND EXONERATION, TIE FOLLOWING CONDITIONS SHALL BE SATISFIED: 123. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 124. The Applicant /Developer shall file for a time extension with the City Engineer's office at least six weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required will be in conformance with the applicable ordinance section. 125. A copy of the recorded Map(s) shall be forwarded to the City Engineer for filing. 126. Sufficient surety in a form acceptable to the City guaranteeing the public improvements pertinent to each phase shall be provided. 127. All surety guaranteeing the public improvements shall remain in place for one year following acceptance by the City. Any surety bonds that are in effect three years after final map approval or issuance of the first building permit shall be increased an amount equal to of greater than the consumers price index (Los Angeles /Long Beach SMSA) for a period since original issuance of the surety and shall be increased in like manner each year thereafter. 128. Original "as built" plans will be certified by the Applicant /Developer's civil engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 36 ", they must be resubmitted as "as builts" in a series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as builts" plans is required before a final inspection will be scheduled. 33 III. CITY OF MOORPARK POLICE DEPARTMENT CONDITIONS CONSTRUCTION SITE SECURITY DURING GRADING OPERATIONS AND DURING CONSTRUCTION: 129. A licensed security guard is required during the construction phase, unless a 6 -foot high chain link fence is erected around the construction site. 130. Construction equipment, tools, etc., shall be properly secured during non - working hours. 131. All appliances (microwave ovens, dishwashers, trash compactors, etc.) shall be properly secured prior to installation during non- working hours. All serial numbers shall be recorded for identification purposes. 132. Contractors and sub - contractors shall contact the Moorpark Police Department for "Tailgate" meetings regarding loss prevention on the work site. PRIOR TO ZONING CLEARANCE/BUILDING PERMIT: 133. All golf cart crossings at roadways shall be under the roadway, or at an intersection with a stop sign or signal, if approved by the Chief of Police and the Director of Community Development. 134. Lighting plans showing the type and location of all lighting devices shall be submitted to the Police Department for review and approval. 135. Parking lots shall have a minimum maintained one foot candle of lighting at ground level. All lights shall be shielded to prevent light and glare impacts to adjacent residents. 136. All ingress and egresses from the clubhouses shall be provided with a minimum maintained five (5) foot candles of light. 137. Lighting devices shall be protected against the elements and constructed of vandal resistant materials. 138. Lighting devices shall be high enough so as to prevent anyone on the ground from tampering with them. 139. Front door entrances shall be visible from the street or parking areas. PRIOR TO ISSUANCE OF AN OCCUPANCY PERMIT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: Address 140. The address shall be clearly visible to approaching emergency vehicles, a minimum of 6 inches in height, and illuminated during hours of darkness. 34 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION February 8, 1996 Security 141. The Applicant /Developer shall prepare and submit to the Community Development Department Director for review and approval a security plan for the clubhouse operations. This plan shall be oriented to reducing potential service demands on police. The plan shall be approved prior to the issuance of a Zoning Clearance for the clubhouse facilities. 142. An alarm system shall be installed for the clubhouse facilities and shall be wired to all exterior doors and windows and to any roof vents or other roof openings where access may be made. 143. Doors utilizing a cylinder lock shall have a minimum five (5) pintumbler operation with the locking bar or bolt extending into the receiving guide a minimum of 1 -inch deadbolt. Operation Limitations for Banauet Rooms Bar, and Restaurant 144. At any time that entertainment and /or dancing is to occur at the clubhouse facilities, a security guard, licensed by the State of California and approved by the Police Department, shall be provided to patrol the parking lot and clubhouse facilities. The security guard shall maintain order and prevent any activity which would interfere with the quiet enjoyment of adjacent residential properties. 145. No person under the age of 21 years shall sell, serve, package, or consume alcoholic beverages. 146. No person who appears intoxicated shall be served alcoholic beverages. IV. VENTURA COUNTY FIRE PREVENTION DISTRICT CONDITIONS Fire Hazard Reduction Program 147. Prior to issuance of a grading permit or Zoning Clearance for any building permit, the Applicant /Developer shall retain a certified fire management professional to prepare a Fire Hazard Reduction Program; this program shall be prepared in consultation with the County Fire Protection District and shall be approved by the Director of Community Development. The certified fire management professional shall be familiar with the objectives of fuel management in wildland -urban interface. A native plant specialist shall participate in the development of the fuel management program. The program shall apply to all lands within 100 feet of residences (or as amended by the certified fire professional based on fuel modification factors related to the golf courses). 35 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION February 8, 1996 a. The vegetation management requirements of the plan shall be clearly defined. The golf course operators shall be responsible for implementing this program in perpetuity. Fuel modification zones are proposed to be retained in as natural a state as safety and fire regulations will permit. b. The fuel modification zone shall be provided within 100 feet of all structures. The zone will be designed by and planted under the supervision of a landscape architect with expertise in native plant materials and habitat restoration, with the approval of the Director of Community Development, to appear as a transition between the built environment and natural open space. C. Within the modification zone, native and non - native high -fuel vegetation will be removed and replaced with low -fuel vegetation. The height of plant materials will be kept to a minimum. Planting requirements include a combination of trees, shrubs, and groundcover. Irrigation will not be provided, except in established wet zones, unless necessitated by the plant materials used. d. The clubhouse buildings hall be designed to satisfy at least a one hour fire - resistant rating. Such structures shall incorporate fire retarding features including boxed -in eaves, reduced overhangs, double -paned windows, convection resistant roof design, non - combustible roofing material, and related design features. Building permits shall not be issued until review of fire retarding architectural features has been completed by the County Fire Protection District. 148. During all grading and site clearance activities, earth moving equipment shall be equipped with spark arrestors and at least two fire extinguishers. All equipment used in the vegetation clearance phase shall be equipped with spark arrestors and best available fire safety technology. The vegetation clearance activities shall be coordinated with and approved by the County Fire Prevention Division. 149. All equipment and material staging activities shall be coordinated with the County Fire Prevention Division. Fire prone construction activities shall be prohibited during "Santa Ana" wind conditions. 150. If deemed necessary by the District, prior to recordation of the first phase of the Final Vesting Map, the golf course area shall include a helispot and associated fire suppression equipment storage. 151. All grass or brush exposing any structures shall be cleared for a distance of 100 feet prior to framing. 152. An approved spark arrester shall be installed on all chimneys. 36 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION February 8, 1996 Road and Driveway Requirements 153. Complete circulation shall be provided for each phase of the development. Each phase shall stand alone, meeting all requirements for access, without depending on future development of neighboring phases to complete second access or water requirements. 154. The collector road system proposed for the project shall be reviewed and approved by the Ventura County Fire Protection District prior to issuance of grading permits. 155. Access roads shall be installed with an all weather surface, suitable for access by Fire Department apparatus. A minimum clear street width of 36 feet shall be provided. 156. A fire protection system or systems shall be installed for the golf course buildings as required by the Fire Protection District. 157. Access roads shall not exceed 15 percent grade. 158. Approved turn around areas for fire apparatus shall be provided where the access road is 150 feet or more from the main project collector. 159. Any gates to control vehicle access are to be located to allow a vehicle waiting for entrance to be completely off the public roadway. The method of gate control shall be subject to review by the Bureau of Fire Prevention. A minimum clear open width of 15 feet in each direction shall be provided. If gates are to be locked, a Knox System shall be installed. 160. Street name signs shall be installed in conjunction with the road improvements. The type of sign shall be in accordance with Plate F -4 of the Ventura County Road Standards. 161. All driveways shall have a minimum vertical clearance of 13 feet 6 inches. Fire Hydrant /Fire Flow Reauirements 162. Prior to construction, the Applicant /Developer shall submit plans to' the Ventura County Bureau of Fire Prevention Division for the approval of the location of fire hydrants; all hydrants shall be shown on the plan that are situated within 300 feet of the perimeter of the development. 163. A minimum fire flow of 1,000 gallons per minute at 20 psi shall be provided. The location and capacity of all water storage and conveyance facilities shall be reviewed and approved by the District prior to the recordation of the Final Map and prior to the issuance of building permits. 37 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION February 8, 1996 164. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the County Water Works Manual. These standards specify: a. Each hydrant shall be a 6 inch wet barrel design, and shall have one 4 inch and one 2 4 inch outlet. b. The required fire flow shall be achieved at no less than 20 psi residual pressure. C. Fire hydrants shall be spaced 300 feet on center, and so located that no structure will be farther than 150 feet from any one hydrant. d. Fire hydrants shall be set back in from the curb face, 24 inches on center. 165. All grass or brush exposing any structures shall be cleared for a distance of 100 feet prior to framing. 166. An approved spark arrester shall be installed on all chimneys. California Administrative Code (Title 24- Section 2.1217 Requirements 167. Portions of this development may be in a hazardous fire area and structures shall meet hazardous fire area building code requirements. V. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITIONS 168. Prior to City approval of any grading permit for the project, the Applicant /Developer and the District shall enter into a contract for the relocation and /or modification of the existing wells on the property. The relocation plan shall address well locations, provisions for drilling additional wells if necessary (if existing wells are damaged during construction), relocation of conveyance structures, and other matters of mutual concern. A copy of the approved contract shall be submitted to the City. The Applicant /Developer shall be responsible for complying with all terms and conditions of the relocation contract. 169. Prior to issuance of a Zoning Clearance for golf course construction, the proposed infrastructure plan for the project shall be designed to place all required water, sewer, and reclaimed water conveyance facilities in the Gabbert Canyon alignment. The Applicant /Developer shall obtain all necessary right -of -way and easements to install the required infrastructure in this alignment. The City may assist with the acquisition of such easements. 170. Prior to issuance of a Zoning Clearance for a building permit, the applicant for service shall comply with the Ventura County 38 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION February 8, 1996 Waterworks District No. 1 "Rules and Regulations" and any subsequent additions or revisions thereto. Ultra low plumbing fixtures are required in all new construction. Any requirements by the Fire Protection District, that are greater than Waterworks District No. 1 existing facilities are the responsibility of the Applicant /Developer. 171. Waterworks District No. 1 has an existing water transmission line, which shall be relocated at Applicant /Developer's cost, as approved by the District. 172. The Applicant /Developer shall be responsible to construct and pay for the required in -tract and off -site water, reclaimed water, and sewer improvements necessary to serve the property. 173. Applicant /Developer shall be required to pay all applicable water capital improvement fees and sewer connection fees in accordance with the District's Rules and Regulations. VI. VENTURA COUNTY FLOOD CONTROL AND WATER RESOURCES DEPARTMENT CONDITIONS (The Flood Control District provided no conditions of approval for the project. Therefore, the following conditions contained in the approved mitigation monitoring program shall be deemed to satisfy the concerns of this agency.) 174. Prior to approval of any grading permit, a Master Drainage and Flood Control Improvement Plan shall be prepared. This Plan shall identify all required drainage and flood control improvements necessary to implement the proposed project, and shall be prepared in consultation with the Moorpark City Engineer and the Ventura County Flood Control District to facilitate required interagency coordination. The Plan shall identify all major improvements and typical drainage facilities for both residential and golf course portions of the project. The capacity, location, and size of all culverts, collection devices, energy dissipaters, and related improvements shall be designed to the satisfaction of the City Engineer and Flood Control District. Capacity details for the construction of the on -site detention basin and improvement of the existing debris basin in Gabbert Canyon shall be included in the Master Improvement Plan. All necessary permits required to implement the Master Plan shall be obtained from the County Flood Control District prior to City issuance of a permit for rough grading. The Master Plan shall identify what improvements must be completed coincident with the initiation of rough grading. Implementation of off -site project drainage mitigation measures and construction of off -site drainage improvements are subject to review and approval by the City Engineer and the Ventura County Flood Control District. The City Engineer and the Ventura County Flood 39 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION February 8, 1996 Control District may approve alternative on -site methods to comply with the impacts which are proposed to be mitigated by the aforementioned mitigation measures. 175. Prior to rough grading permit approval, a Bank Protection Plan shall be prepared to address potential hazards to residences and components of the golf course situated within the potential hazard limits of Gabbert Canyon Creek. This Plan shall be prepared after review and approval of the Master Drainage and Flood Control Improvement Plan (required by above mitigation measure). The bank protection devices incorporated into this Plan shall, to the degree feasible, emphasize the use of "soft" surface improvements (such as gabions, erosion control matting, buried retention features, and similar devices) to minimize modifications to the existing channel. Potential locations for hazard remediation shall be identified on the Plan. Modifications to the Plan required by the City Engineer or the Ventura County Flood Control District shall be made as requested. The Bank Protection Plan shall also be reviewed by the Department of Fish and Game for compliance with 1603 Permit requirements. The Bank Protection Plan shall be approved by all responsible agencies, prior to the issuance of the rough grading permit for the golf courses. 176. Sediment yields in the watersheds within the project boundary shall be computed for pre - development and post - development conditions in accord with methods outlined in Erosion and Sediment Yields in the Transverse Ranges, Southern California (United States Geological Survey, 1978). These estimates of sediment yield shall be completed prior to initiating final design of modifications to the existing debris basin facility situated in the Gabbert Canyon Drainage south of the project boundary. 177. If required by the Master Drainage and Flood Control Improvement Plan, improvements to the permanent debris basin in the Gabbert Canyon watershed shall be made, which will be sufficient to reduce estimated sediment generation to pre - development levels. Modifications to this debris basin shall be made in conjunction with commencement of rough grading operations for the proposed golf courses. The design of modifications to this basin shall be reviewed and approved by the Ventura County Flood Control District. All improvements to the basin shall be completed prior to the first rainy season to occur after rough grading has commenced. 178. Basin maintenance shall be provided under an agreement satisfactory to the Flood Control District. An improvement and maintenance cost agreement between the Applicant /Developer and the District shall be required prior to the issuance of initial grading permits or recordation of the Final Tract Map (whichever occurs first). M CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION February 8, 1996 VII. MITIGATION MEASURES APPLICABLE TO THE CUP 179. The approved Mitigation Monitoring Program is included as Attachment 1, and all mitigation measures are requirements of the CUP, as applicable. Some of the adopted mitigation measures are duplicates or very similar to conditions of approval already listed herein. In cases where a mitigation condition conflicts with another condition of approval, the stricter or more specific condition shall apply, as determined by the Director of Community Development, during the condition compliance review. 41 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION February 8, 1996 ATTACHMENT 1 MOORPARK COUNTRY CLUB ESTATES PROJECT MITIGATION MONITORING PROGRAM (To be added after City Council approves Final Mitigation Monitoring Program) 42