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HomeMy WebLinkAboutRES 2001 405 0312RESOLUTION NO. PC- 2001 -405 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL APPROVAL OF VESTING TENTATIVE TRACT MAP NO. 5187 AND RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 99 -02 FOR THE SUBDIVISION OF APPROXIMATELY 350 GROSS ACRES OF LAND LOCATED WEST OF WALNUT CANYON ROAD AND APPROXIMATELY ONE - HALF MILE NORTH OF CASEY ROAD INTO 250 SINGLE- FAMILY RESIDENTIAL LOTS AND DETACHED SINGLE - FAMILY RESIDENTIAL UNITS, THREE RECREATIONAL LOTS, THREE ENTRY /LANDSCAPING LOTS, TWO PROJECT DETENTION BASIN LOTS, ONE REGIONAL DETENTION BASIN LOT, ONE WATER TANK LOT AND THREE OPEN SPACE LOTS FOR A TOTAL OF 263 LOTS, ON THE APPLICATION OF WEST POINTE HOMES, INC. WHEREAS, at a duly noticed Public Hearing on February 26, 2001, the Planning Commission considered Vesting Tentative Tract Map. No. 5187 and Residential Planned Development Permit No. 99- 02 on the application of West Pointe Homes for the subdivision of approximately 350 gross acres of land located west of Walnut Canyon Road and approximately one -half mile north of Casey Road into 250 single - family residential lots and 250 single - family residential units, and thirteen (13) other lots (APN's 500 -260- 025, 500- 240 -045, 500 - 270 -075, 500 - 270 -085, 500 - 260 -095, 500- 270 -090, 500 - 270 -140, 500 - 270 -155, 500- 270 -165); and WHEREAS, at its meeting of February 26, 2001, the Planning Commission opened the public hearing, received public testimony, and continued this item to March 12, 2001, at which time the Planning Commission closed the public hearing; and WHEREAS, the Planning Commission did hold a public hearing on October 23, 2000, and continued the public hearing to November 13, 2000; November 27; and December 11, 2000; at which time the public hearing was closed and the Planning Commission did adopt Resolution No. 2000 -401 recommending to the City Council certification of EIR- SCH- 94081075 which provides an evaluation and mitigation measure for the proposed project; and WHEREAS, the Planning Commission, after review and consideration of the information contained in the Planning rM : \CLafleur \M \PC- resos \2001resoe \2001 -405 pc031201 West Pointe VTT 5187 RPD Reso .doc Modified: 03/26/01 RESOLUTION NO. PC- 2001 -405 VTT 5187, RPD No. 99 -02 Page 2 Commission staff report, and testimony received, has made a decision in this matter. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission does hereby find that Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -02 are consistent with the City's General Plan. SECTION 2. The Planning Commission further finds that Vesting Tentative Tract 5187 and Residential Planned Development Permit No. 99 -02 are consistent with the approved EIR. SECTION 3. That the Planning Commission adopts the following additional findings: C.E.Q.A. Findings 1. That EIR SCH- 94081075, prepared for West Pointe Homes and its ancillary applications, approved by the Planning Commission and recommended for certification to the City Council on December 18, 2000, in Resolution No. PC 2000 -401 serves as the environmental document for Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -02 as permitted by Section 15182 of the Guidelines to implement California Environmental Quality Act (CEQA) as adopted by the California Resources Agency. 2. In order to reduce the potential adverse impacts of this project, mitigation measures discussed in the approved EIR have been incorporated and shall apply to Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -02. 3. A Mitigation Reporting and Monitoring Program prepared in compliance with Assembly Bill 3180 and considered in the various decisions regarding these projects applies to Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -02. M : \CLafleur \M \PC- resos \2001resos \2001 -405 pc031201 west Pointe VTT 5187 RPD Reso .doc Modified: 03/26/01 RESOLUTION NO. PC- 2001 -405 VTT 5187, RPD No. 99 -02 Page 3 Subdivision Map Act Findings: Based on the information set forth above, it has been determined that Vesting Tentative Tract Map No. 5187, with imposition of the attached conditions, meets the requirements of California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that: 1. The proposed map is consistent with the City of Moorpark General Plan. 2. That the design and improvements of the proposed subdivision is consistent with the City of Moorpark General Plan. 3. The site is physically suitable for the type of development proposed. .— 4. The site is physically suitable for the proposed density of development. 5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage. 6. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. 7. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision. 8. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seq. 9. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir. r M : \CLafleur \M \PC- reeQa \2001resos \2001 -405 pc031201 West Pointe VTT 5187 RPD Rego .doc Modified: 03/26/01 RESOLUTION NO. PC- 2001 -405 VTT 5187, RPD No. 99 -02 Page 4 Residential Planned Development Permit Findings: 1. The proposed project is consistent with the intent and provisions of the City's General Plan and Zoning Ordinance. 2. The proposed project is compatible with the character of surrounding development. 3. The proposed project would not be obnoxious or harmful, or impair the utility of neighboring property or uses. 4. The proposed project would not be detrimental to the public interest, health, safety, convenience, or welfare. S. The proposed project is compatible with existing and planned land uses in the general area where the development is to be located. 6. The proposed project is compatible with the scale, visual character and design of the surrounding properties, f' designed so as to enhance the physical and visual quality of the community, and the structure(s) have design features which provide visual relief and separation between land uses of conflicting character. SECTION 4. That the Planning Commission approves Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -02 subject to the attached Conditions of Approval and recommends approval of Vesting Tentative Tract Map No. 5187 and Residential Planned Development, Permit No. 99 -02 subject to conditions by the City Council. SECTION 5. That the approval of Vesting Tentative Map No. 5187 and Residential Planned Development Permit No. 99 -02 is contingent upon final approval by the City Council of General Plan Amendment No. 99 -01 and Zone Change No. 99 -01. SECTION 6. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original Resolutions. M : \CLafleur \M \PC- resos \2001resos \2001 -405 pC031201 West Pointe VTT 5187 RPD Reso .doc Modified: 03/26/01 RESOLUTION NO. PC- 2001 -405 ( VTT 5187, RPD No. 99 -02 Page 5 The action of the foregoing direction was approved by the following roll call vote: AYES: Commissioner DiCecco, Haller, Landis, Otto and Parvin. NOES: ABSTAIN: ABSENT: PASSED AND ADOPTED THIS 12th DAY OF MARCH 2001. Jan ce Parvin, Chairman ATTEST: Celia LaFleur, Secretary to the Planning Commission ATTACHMENT A: Conditions of Approval for Vesting Tract Map No. 5187 and Residential Planned Development Permit No. 99 -02. M : \CIafleur \M \PC- resos \2001resos \2001 -405 pc031201 West Pointe VTT 5187 RPD Rego .doc Modified: 03/26/01 Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes A. GENERAL ADMINISTRATIVE /POLICY CONDITIONS: 1. Application of City Ordinances /Policies: The conditions of approval of this Tentative Tract Map and all provisions of the Subdivision Map Act, City of Moorpark Municipal Ordinance and adopted City policies supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map. 2. Acceptance of Conditions: Recordation of this subdivision shall be deemed to be acceptance by the subdivider and his heirs, assigns, and successors of the conditions of this Map. A notation, which references conditions of approval, shall be included on the Final Map in a format acceptable to the Director of Community Development. 3. Expiration of Map: This Tentative Tract Map shall {� expire three (3) years from the date of its approval. The Director of Community Development may, at his discretion, grant up to two (2) additional one (1) year extensions for map recordation, if there have been no changes in the adjacent areas and if applicant can document that he has diligently worked towards map recordation during the initial period of time. The request for extension of this entitlement shall be made in writing, at least 30 -days prior to the expiration date of the permit. 4. Hold Harmless: The subdivider shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the subdivision, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The City will Page 1 of 75 S:ICemmunAy 00M*M&VEve yMU1201 WesfpWnflWed ft* - CONDITONS -1400 Revised on 53120015:2152 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes promptly notify the subdivider of any such claim, action or proceeding, and, if the City should fail to do so or should fail to cooperate fully in the defense, the subdivider shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. a. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: i) The City bears its own attorney fees and costs; ii) The City defends the claim, action or proceeding in good faith. b. The subdivider shall not be required to pay or perform any settlement of such claim, action or proceeding unless the subdivider approves the settlement. The subdivider's obligations under this condition shall apply regardless of whether a Final Map or parcel map is ultimately recorded with respect to the subdivision. 5. Severability: If any of the conditions or limitations of this approval are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 6. Title Report: The subdivider shall submit to the Department of Community Development and the City Engineer for review a current title report which clearly states all interested parties and lenders included within the limits of the subdivision as well as any easements that affect the subdivision. 7. Computer Aided Mapping System: The Map shall be submitted in accordance with County Ordinance No. 3982 entitled "An Ordinance of the Ventura County Board of Supervisors Requiring New Subdivision Records to be Page 2 of 75 S:IC =n#yDevekpM&Mv@gvmQ1201Wesfpo6r ft9Poinb- C0NDIT0NS -1.doc Revked on 53120015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes Included in the County's Computer -Aided Mapping System and Establishing Related Fees." 8. The Residential Planned Development permit is granted for the land and project as identified on the entitlement application form and as shown on the approved plot plans and elevations and as shown in Exhibit "A' West Pointe Homes at North Ranch Guidelines as amended by these conditions. The location and design of all site improvements shall be as shown on the approved plot plans and elevations except or unless indicated otherwise herein in the following conditions. Any change from the submitted product mix shall require approval of a modification to the Residential Planned Development Permit. 9. Use Inauguration: Unless the Residential Development Permit is inaugurated (building foundation slab in place and substantial work in progress) not later than �.- three years after this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his discretion, grant up to two (2) one (1) year extensions for project inauguration if there have been no changes in the adjacent areas and if applicant can document that he has diligently worked towards inauguration of the project during the initial two year period and the applicant has concurrently requested a time extension to the tentative tract map. The request for extension of this entitlement shall be made at least 30 -days prior to the expiration date of the permit. 10. Other Regulations: The design, maintenance, and operation of the permit area and facilities thereon shall comply with all applicable regulations of the applicable zone and all requirements and enactment's of Federal, State, County, and City authorities, and all such requirements and enactment's shall, by reference, become conditions of this permit. Page 3 of 75 S:ICOMMnNYDavakpmenllEv IMV1201 WastNMWoditk e- CONDI70NS -1.doc Revised on 53120015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes 11. Image Conversion of Plans. Prior to issuance of the first Certificate of Occupancy, the builder shall provide to the City an image conversion of building, landscape, public improvement and site plans into an optical format acceptable to the City Clerk. 12. Public Nuisance: The Director of Community Development may declare a development project that is not in compliance with the Conditions of Approval or for some other just cause, a "public nuisance ". The applicant shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the conditions of approval or applicable codes. If the applicant fails to pay all City costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Municipal Code Section 1.12.080). �-- 13. Final approval of the Residential Planned Development Permit and Vesting Tentative Tract Map is contingent upon execution of a Development Agreement between the City of Moorpark and the applicant or developer. 14. Final approval of the Residential Planned Development Permit and Vesting Tentative Tract Map is contingent upon execution of an Affordable Housing Agreement between the City of Moorpark and the applicant or developer. The Agreement shall set forth the procedure for meeting an affordable housing requirement of 10% or the total number of approved dwelling units. The Agreement may be part of a Development Agreement. 15. Outstanding Case Processing Costs: The applicant shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees prior to issuance of a Zoning Clearance for any residential structure. The applicant, permittee, or successors in interest shall also submit to the Department of Community Development a fee to cover costs incurred by Page 4 of 75 S:ICOmWftYD&Wb9 enAEveWWV1201WeSWWWedP *fe- CONDITONS -1.6oc Revised on 53120015:23:52 PM ` Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes , the City for Condition Compliance review of the RPD and Tentative Map. B. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS: 1. One or more Homeowners' Associations shall be established for neighborhoods comprising this Vesting Tentative Tract Map. The Homeowners' Association shall be responsible for all maintenance related to the natural open space, the trails, all private streets and any manicured landscaping areas as approved by the City. The Homeowners Association may be responsible for the management of any Open Space Easement areas. 2. All natural open space areas as shown on the Tentative Map shall be open to the general public unless otherwise designated by the approved Vesting Tentative Tract Map and shall be owned and maintained by a Homeowners' Association. The City Council may consider a privately funded option prior to recordation of this map. 3. CC &R's and Landscaping Easement Requirements: Covenants, Conditions and Restrictions (CC &R's) and by -laws establishing one or more Homeowners' Associations for the residential development shall be prepared. The CC &R's shall identify all Common Maintenance Areas including maintenance of all hiking trails, open space lots, parkway landscaping for all streets, any shared driveways, storm drains, any fencing or walls within common maintenance areas, recreational areas, and any slope directly affecting drainage or residential street facilities. The draft CC &R's shall be submitted to the Director of Community Development and the City Attorney for review and approval prior to approval of the first phase of the Final Map by the City Council and the subdivider shall be required to pay all costs associated with such review. All applicable Tentative Map, Residential Planned Development (RPD) and Development Agreement ,- Page 5 of 75 S:ICon=RNYDevebpnwM- verym'31201 Wesl wftstPOM- CONDITONS -I.doc Revised on 53120015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes conditions of approval shall be highlighted in the copies of the CC &R's submitted for City review. Prior to the sale of any lots, the CC &R's shall be approved by the State Department of Real Estate and then recorded. Approval of the City shall not be construed to mean that the City has any obligation to enforce CC &R's. The Homeowners' Associations may modify the CC &R's only to the extent that they do not conflict with the terms of approval of the Tentative Tract Map, approved Residential Planned Development Permit or the approved Development Agreement. Sixty (60) day notice must be given to the City of the intent to modify CC &R's. Further, it is the sole responsibility of the Homeowners' Associations to enforce the CC &R's. 4. The CC &R's shall contain language indicating that where feasible, the use of recycling materials shall be included in the construction of the project. �- 5. The CC &R's shall contain provisions that the Homeowners' Association shall be responsible for implementing and maintaining the vegetation management requirements of the Fire Hazard Reduction Program in perpetuity. As required by the Fire Department fuel modification plan zones are proposed to be retained in as natural a state as safety and fire regulations will permit. The zones shall be designed by and planted under the supervision of a landscape architect with expertise in native plant materials and habitat restoration, with the approval of the Director of Community Development, to appear as a transition between the built environment and natural open space. Final approval of this Program by the County Fire Prevention District and Director of Community Development shall be required prior to the recordation of the Final Map. Appropriate language shall be included on the Final Map indicating the boundary of all areas of fuel modification hazard zones. Page 6 of 75 S:IC-w=nllyDpva*mwjOf ryvmQI201 Wes(p WWedPok6- CONDRONS -1.doc Revised on 5WIM15:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes 6. The CC &R's shall contain provisions prohibiting human, domestic animal, and motorized vehicle use in preserved designated natural open space areas and that tree houses shall not be constructed in remaining trees within the designated natural open space areas of the site. In addition, provisions shall be included requiring the Homeowners' Association to maintain interpretative signs stating the sensitivity of natural habitats and the need to minimize impacts on the natural areas. The signs shall state that they are entering a protected natural area and that all pedestrians must remain on designated trails, all pets are restrained on a leash, and that it is illegal to harm, remove, and /or collect plants and /or animals. 7. Plants listed in Table 4 -2 of the Environmental Impact Report shall not be planted within the common landscaped areas of the proposed site plan. This list of prohibited plants shall be included within the f CC &R's to notify and educate Homeowners. In addition, a qualified botanist, who shall recommend appropriate provisions to prevent other invasive plant species from colonizing remaining natural areas, shall review the landscaping plans within common areas of the project. These provisions may include the following: (a) review and screening of proposed plant palette and planting plans to identify and avoid the use of invasive species; (b) weed removal during the initial planting of landscaped areas; and (c) the monitoring for and removal of weeds and other invasive plant species as part of ongoing landscape maintenance activities. A qualified botanist shall determine the frequency and method of monitoring for invasive species. 8. The CC &R's shall include provisions that individual front yard landscaping shall include a minimum of two (2) 48" box trees as a part of private front yard landscaping. �. Page 7 of 75 S:ICo MU* Devebpme1BEvmy"U1201 WeslpOnlWOOP* e- CONDITONS -1400 Revised on 531120015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes 9. The CC &R's shall contain provisions prohibiting Homeowners' to allow pets and other domestic animals in the designated Open Space Easement area unless restrained by leash and accompanied at all times by the owner or responsible party. 10. The CC &R's shall include a requirement that ultra -low water consumption plumbing fixtures shall be installed consistent with City Ordinance No. 132. The CC &R's shall also include a requirement for the following energy saving devices or construction features: a. Stoves, ovens, and ranges, when gas fueled shall not have continuous burning pilot lights. b. All thermostats connected to the main space - heating source shall have night setback features. C. Kitchen ventilation system shall have automatic dampers to ensure closure when not in use. 11. The CC &R's shall include language restricting front and rear yard lighting to be consistent with the City's Lighting Ordinance. 12. The CC &R's shall include language that any modifications to structures shall be designed in accordance with the approved RPD Design Guidelines for RPD 99 -02. 13. The CC &R's shall include language to insure that no sheet flow of drainage occurs between lots located within or adjacent to the project. 14. The CC &R's shall include language requiring the Homeowners' Association to be responsible for the maintenance of drainage facilities including all NPDES requirements unless such structures or facilities are accepted into the master flood protection system by the Ventura County Flood Control District. 15. The CC &R's shall include language prohibiting use of roofing material made of wood or asphalt shingles and s- Page 8 of 75 S:iCm wr*DevelopmwMv@ovmI312o1 WesOWWedPOO- conoIroNS•i.dw Revised on 0I)MI &23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes requiring tile roofs as determined by the City as roofing materials for all structures. 16. CC &R's shall include language that discourages excessive noise generating activities in garages consistent with adopted community noise standards. Garages shall remain permanently available for the purpose of automobile parking. 17. The CC &R's shall require the Homeowner's Association to remove any graffiti within five (5) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the City. 18. The CC &R's shall contain language requiring that all property areas be maintained free of litter /debris. 19. The CC &R's shall contain language requiring that all on -site storm drains be cleared at least twice a year, F— once immediately prior to October 15 (the rainy season) and once in January. Additional cleaning may be required by the City Engineer. 20. The CC &R's shall contain language requiring that private roads and parking lots /drive through be maintained free of litter /debris. Sidewalks, parking lots and drive through shall be swept regularly to prevent the accumulation of litter and debris. When swept or washed, debris must be trapped and collected to prevent entry to the storm drain system. No cleaning agent may be discharged to the storm drain. If any cleaning agent or degreaser is used, wash water shall not discharge to the storm drains; wash water should be collected and discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review, approval and conditions of the wastewater treatment plant receiving the discharge. 21. The CC &R's shall contain language requiring that all exterior metal building surfaces, including roofing, be coated and sealed with rust inhibitive paint to s^ Page 9 of 75 S:ICMwWnAyDev@kMwh1Eve ymQ1201 West mkmWed Pb** - CONDITONS -1.doc Revised on 61140015,2152 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes prevent corrosion and release of metal contaminants into the storm drain system. 22. The CC &R's shall contain language requiring that landscaping be properly maintained with efficient irrigation to reduce runoff, promote surface filtration, and minimize the use of fertilizers and pesticides, which can contribute to urban runoff pollution. 23. Prior to Final Map approval for any phase, the applicant shall provide an irrevocable offer of an easement to the City for the purpose of maintaining all landscaping and related drainage improvements for all areas adjacent to public roadways and other common open space areas as determined by the City that are required to be landscaped or maintained. Should the Associations fail to maintain the Common Maintenance Areas, or any portion thereof, in a satisfactory manner, the Common Maintenance areas or portion thereof, shall be placed in an Assessment District, at the City's sole discretion, to assume maintenance of the landscaped areas in the event the Homeowners' Association fails to maintain the landscaping in a manner consistent with the approved plans. If the City assumes the maintenance as provided herein, it may include the landscaping maintenance in the appropriate Assessment District, or any successor District at its sole discretion. The applicant shall maintain the right to protest the amount of any proposed assessment consistent with the applicable provisions of State law, but not the formation of, or annexation to a Maintenance Assessment District. The total cost of the formation of any Assessment District and the maintenance provided by the Assessment District for the areas described above, including the cost of converting irrigation systems or other work shall be borne by the property owners, as determined by the City, within the entire area of the tentative map. The applicant shall record a covenant to inform the Page 10 of 75 S:ICawwn#y Dev*pmonWm)v *1201 WesOWWeat Poft- CONDITONS -i.dx ReNaed on 53120015:23 :52 PM r^ Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes purchaser of all of the affected lots of this potential action. The CC &R's shall also include all Conditions of Approval as well as the design guidelines as specified in the RPD Design Guidelines for RPD 99 -02. 24. Prior to Homeowners' Association, Maintenance District's, or similar entity's acceptance of responsibility for the landscaping, the subdivider shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the subdivision. 25. Prior to Final Map approval, the City Council, in its sole discretion, shall determine which areas shall be maintained by a Homeowners' Association, maintenance assessment district, or other entity consistent with the intent of this condition. 26. Trail easements: The Final Map shall indicate the location of all trail and sidewalk easements. The minimum widths of said easements shall be twenty (20) feet wide total as shown or as otherwise approved in conjunction with the approved Vesting Tentative Map. The minimum width of the constructed multi -use trail shall be twelve (12) feet and the minimum width of the constructed sidewalk shall be five (5) feet. Fencing separating the trail and sidewalk shall be installed to the specifications of the director of Community Development. Additional fencing shall be required when the trail abuts the designated Open Space preserve. The trail shall be surfaced with decomposed granite. The sidewalk shall be surfaced as required by the City Engineer. The public trail easement adjacent to Walnut Canyon Road (Highway 23) shall be irrevocably offered for dedication to the City of Moorpark. Prior to recordation, the subdivider shall bond for construction of the proposed trails at 150% of the estimated cost of the improvements. Once the trails have been built, the developer shall maintain the Page 11 of 75 S:ICommuno Devekpmen0_-Wy ne131201 Weso"West PWnte- CONDITONS -i.da ReWsed on 53120015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes trails for one (1) year and bonds shall remain in effect for a minimum of two (2) years. After that time, the Homeowners' Association, maintenance district, or similar entity shall be responsible for maintaining the trails. The trail system design shall be submitted to the Director of Community Development and shown on the Final Map prior to recordation. Trail links shall be provided to link surrounding subdivisions and the regional trail system shall be properly designated and prohibit the use of motorized vehicles. The maintenance entity shall be determined by the City prior to Final Map approval. The developer shall enter into an agreement with the City to assure the maintenance responsibilities are conferred to one of the entities as described within this condition. a. The proposed trail system shall be designed to retain the integrity of the proposed open space preserve. Trail systems developed within the project shall not be illuminated. The north -south trail alignment along "A" Street shall link the east -west trail system along "C" street in the Moorpark Country Club Estates project via an easement acquired by the developer across the private property in between. The trail system shall traverse the detention basin north of "A" Street and be useable year round. The trail system shall connect to the Hitch Ranch and other areas south of the West Pointe project. The applicant shall be responsible for developing this trail linkage and for construction of the trail connections. b. Developer at its sole cost and expense shall construct the public trail system identified on the VTT 5187 and as described in these conditions, including inspection and City administrative costs. Developer shall also at its sole cost and expense, prepare a design and plans, and specifications for submittal to the Page 12 of 75 S: ICWMn byD&WbpmenflEWOV*%31201ftSO WO#POI*- CONDITONS -1400 Revised on 53IM 5:2152 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes city. City shall approve design, plans, and specifications at its sole discretion. The required improvements shall also include construction of equestrian crossings over Walnut Canyon Road as determined necessary by the City at its sole discretion. Developer shall at its sole cost and expense provide to the City a cash deposit to fund the maintenance of the trail system; the amount to be as determined through the Development Agreement. 27. Solid Waste Management Plan: Prior to approval of the final map, a Solid Waste Management Plan shall be prepared and submitted to the Community Services Department Analyst responsible for Solid Waste Management Programs for review and approval. This plan, which shall include specific measures to reduce the amount of refuse generated by construction of the proposed project, shall be developed in consultation with the Ventura County Sold Waste Management District and the City of Moorpark to meet waste reduction requirements established by the California Integrated Waste Management Act of 1989. 28. Wall Plan: A fencing, perimeter, gate, and privacy barrier wall plan (complete with related landscaping details) identifying the materials to be used and proposed wall heights and locations shall be submitted to and approved by the Director of Community Development. The approved fencing and barrier wall plan shall be incorporated into the CC &R's. All fencing and barrier walls along lot boundaries shall be in place prior to occupancy, unless timing for installation is otherwise stated in these conditions. Where applicable prior to approval of the final wall and fence plan, the Director of Community Development shall approve the connection of property line wall with existing fences and or walls on adjacent residential properties. The developer is required at his /her sole expense to connect or reconstruct Page 13 of 75 S:ICamr *DeWkPmeMftYW&U1201 WesfpoWftSf PW6- CONDITONS -140o Revised on 01/2MI 5:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes adjacent residential walls and or fences to the project perimeter wall utilizing the same type of material that comprises existing walls and or fences that are to be connected to the project perimeter wall. 29. Site Distance on Wall and Landscaping Plans: The Developer shall submit wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. All fences, walls and other structures shall be submitted to and approved by the Director of Community Development. These shall include all landscape walls and /or sound walls required by the Project Development Agreement and mitigation measures adopted for the project whether on -site or off -site. 30. Final Design: The final design and location of all walls and fences, streetscape, elements, urban landscaping are subject to the approval of the Director of Community Development. 31. Street Intersection Treatments: Any special street intersection treatments shall be approved by the City Engineer and the Director of Community Development. 32. Open Space/ Conservation Dedications: Greenbelts, open space areas, landscaped areas, and trails lying within each portion of the Property (not covered by any other section) shall be dedicated to City in a form approved by the City Attorney, or to one or more Homeowners' or property owners associations as determined by the City Council at its sole and unfettered discretion, as a condition of recordation of the final subdivision map or parcel map defining the area within which said areas are located. Greenbelts, buffers and open space areas may include wetlands, storm water detention areas, landscaping and decorative planting areas that do not interfere with greenbelt, buffer and open space uses as determined by the City in its sole and unfettered discretion. Such areas not dedicated to the Page 14 of 75 S:ICom w* DewebpmenllEwr)weQ1201 Wes4oaMW" Pak* - CONWONS -f.doc Revised w 5+31/20015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes City shall include a conservation easement granted to the City in a form acceptable to the City consistent with Civil Code Section 815 et seq. 33. Lighting Plan: Prior to issuance of a Zoning Clearance for grading or construction for any dwelling units on the lots created by this Tract Map, the applicant shall submit to the Department of Community Development a lighting plan for review and approval consistent with Chapter 17.30 of the Zoning Ordinance. Lighting consistent with best management practices for open space preservation shall be required for this project. All lighting along the perimeter of natural areas, particularly street lamps, shall be downcast luminaries and shall be shielded and oriented in a manner that will prevent spillage or glare into the remaining natural and open space areas. Low intensity night lighting shall be required within the streetscape and at intersections. Lighting standards shall be rural in nature, low in profile, and shall be minimized along street corridors. More intensive lighting is appropriate at intersections within the project boundary but this lighting shall be only sufficiently intensive to provide for vehicle and pedestrian safety. The project entrance lighting should emphasize low intensity landscape feature up- lighting of accent landscaping. Standard approach lighting within the Walnut Canyon Road Corridor shall comply with Caltrans design standards 34. Submittal of Landscape Plans: Prior to issuance of a Zoning Clearance for construction or grading of the public roadways within and adjacent to this tract, applicant shall submit a complete landscape plan, together with specifications and a separate Maintenance Plan for approval to the Director of Community Development and the City's Landscape Consultant. �^ Page 15 of 75 P SlComm ndyDevelopr&MEW me 131201 WeSOWWedPointe- CONDI70NS•1.doo Revised on 53120015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes a. Prior to initial review of the landscape plans, the applicant shall deposit funds for plan review in an amount specified by the Director of Community Development. The applicant shall deposit additional funds upon request as needed to cover all landscape plan check and inspection fees. Any deposit balance remaining following final approval of the installation shall be refunded to the applicant. b. The Landscape Plan shall include landscaping for the Water Tank Lot. C. All plant material shall conform to the current issue of the American Standard for Nursery Stock published by the American Association of Nurserymen. d. Prior to final inspection by the City of Moorpark, the applicant's landscape architect shall provide written certification to the City, stating that the installation is in substantial conformance with the approved landscape plans. e. Prior to final inspection by the City of Moorpark, the applicant shall provide a written certification for the operation of the backflow device. f. All backflow preventers, transformers, and other above -grade utilities shall be appropriately screened with walls and /or plantings. g. The planting and irrigation design shall comply with the State of California Model Water Efficient Landscape Ordinance. h. Prior to occupancy, the landscape installation shall be approved by the Director of Community Development. This approval shall be based upon written certification of the landscape installation by the City Landscape Consultant. �- Page 16 of 75 S :ICommudyDevelopmedE'YwWmt31201 WespromWedPoft- CONXMNS -f.doc Revised on WIM015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes i. The landscape plan shall include planting and irrigation specifications for manufactured slopes over three (3) feet in height, any front yard landscaping for residences that may be required by the approval of an RPD, and all common areas to be maintained by the Homeowners' association including parkways, median strips and slope easement areas located along Walnut Canyon Road, and interior streets. Front Yard landscaping shall be installed as determined by the Residential Planned Development Permit for all lots in this project as reviewed and approved by the Director of Community Development prior to final inspection and release of utilities. j. The streetscape within each neighborhood shall be fully landscaped and treated with rural design features typical of the immediate project vicinity. k. The applicant shall provide a Tree Report and tree replacement plan consistent with Ordinance No. 101 as a part of the Landscape Plan. Native plants shall be used in the restoration of areas disturbed by the construction of the project. The City shall monitor the use of native plants through review and approval of all project landscape plans. 1. Additional trees shall be provided and located as approved by the Director of Community Development to offset the value of the trees to be removed. The landscape plan shall also incorporate extensive tree landscaping including specimen size trees as approved by the Director of Community Development. M. Plants listed in Table 4 -2 of the Environmental Impact Report shall not be planted within the common landscaped areas. Page 17 of 75 S: ICOm mw4yDeV&4MeMVWyM131201WesWk WestPdnb-CONDITONS46DC Revised on 53=15:2152 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes n. The permanent removal of 10 California walnut trees located within the California walnut woodland community, shall be replaced at a 10:1 mitigation ratio by planting 100 California walnut trees on the site or in the adjacent Conservation Easement /Conservation Dedication area. The trees shall be planted dominantly within the upland areas above the detention basin, in upland areas within restored riparian corridors, and in other upland areas within the Conservation Easement /Conservation Dedication area. To ensure maximum survival rates, these replacement trees shall be a minimum of fifteen - gallon specimens that are six (6) feet tall with a one (1) inch trunk caliper when planted. o. The entrance to the proposed project shall be designed to provide entry monumentation, appropriate landscaping and signage at the entry point. An orderly and consistent tree planting program shall be established for both entrance roads to provide a landscaping pattern along the entranceways that resembles a rural ranch entry road design. Recommended tree plantings for these entry points shall include the non - natives typically used in ranch settings for entryways including olive trees, poplars, and other native or naturalized trees. The use of xeriscape accent features (agave, yucca, and local types of cactus [Opuntia sp.] shall be encouraged in the entry design. P. The eastern perimeter of the project shall be designed to provide a substantial restoration of riparian landscape features within the Walnut Canyon drainage situated between Walnut Canyon Road and the project. The drainage /detention facility slopes within both the public and private debris /detention facilities within the development shall be landscaped with native Page 18 of 75 S:IComm nlyDevebpm&*AEveiy"LI1201 Weslp"WesfPok*- CONDITONS -l.dw Revised on SM/20015:23:52 PM E" Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes riparian woodland plants (such as valley oak, live oak, sycamore, poplar, and willow) . Similar landscaping shall be provided in the central drainage located central to the project. q. Restoration landscaping along Walnut Canyon Road shall emphasize reestablishment of existing native and non - native habitat. The landscaping program for areas visible from Walnut Canyon Road shall emphasize restoration of the existing vegetation and the use of tiered, tree lined streets to minimize the effects of the urban design planned along this perimeter. r. A. Riparian Canopy Requirement: Prior to approval of the final map, the applicant shall prepare a riparian study for the purpose of providing an enhanced riparian canopy along the Walnut Canyon drainage consistent with requirements of the Department of Fish and Game and Army Corps of Engineers. The restoration shall be performed in accord with current best available restoration procedures. The applicant (or a designee) shall be responsible for maintaining the restoration areas for a period of three years or until the native grasses, riparian corridor, and perimeter plantings are successfully established. 35. Paleontological Mitigation Plan: Prior to issuance of a Zoning Clearance for a grading permit, a paleontological mitigation plan outlining procedures for paleontological data recovery shall be prepared and submitted to the Director of Community Development for review and approval. The development and implementation of this program shall include consultations with the applicant's engineering geologist. The monitoring and data recovery should include periodic inspections of excavations to recover exposed fossil materials. The cost of this data recovery shall be limited to the discovery of a Page 19 of 75 S:ICww= yDevekpmwfEverMwI31201 Weslpoh5Wes1 PO* - CONDITONS -f.doc Revised on 53120015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes reasonable sample of available material. The interpretation of reasonableness shall rest with the Director of Community Development. 36. Habitat Enhancement Plan: Prior to issuance of grading permit, the applicant shall complete and submit to the City for approval by the Director of Community Development, a Habitat Enhancement Plan (HEP). The Plan shall apply to all existing or created on -site oak woodlands, riparian areas, detention basins, and fuel modification zones. The purpose of this plan shall be to increase the biological carrying capacity of these areas. 37. Field Survey: No earlier than 45 days and no sooner than 20 days prior to construction or grading /site preparation activities that would occur during the nesting /breeding season of native bird species potentially nesting on the site (typically February �— through August), the applicant shall have a field survey conducted by a qualified biologist to determine if active nests of bird species protected by the Migratory Bird Treaty Act and /or the California Fish and Game Code are present in the construction zone or within 100 feet (200 feet for raptors) of the construction zone. A report of this field survey shall be submitted to the Director of Community Development. If active nests are found, a minimum 50 -foot (this distance may be greater depending on the bird species and construction activity, as determined by the biologist) fence barrier (subject to the review and approval of the Director of Community Development) shall be erected around the nest site and clearing and construction within the fenced area shall be postponed or halted, at the discretion of the biological monitor, until the nest is vacated and juveniles have fledged, as determined by the biologist, and there is no evidence of a second attempt at nesting. The biologist shall serve as a construction monitor during those periods when construction activities will occur �^ Page 20 of 75 t S:IC==ndyDevebM*nWVOO ne131201 WeSOWWOSWOnfe- CONDITONS -f.doc Revised on 591/20015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes near active nest areas to ensure that no inadvertent impacts on these nests will occur. 38. Fencing: Prior to issuance of a Building Permit for homes adjacent to Open Space, fencing of sufficient height and design shall be constructed between the edge of the fuel modification zone and the natural areas to prevent humans and domestic animals from entering open space habitat areas. The fencing could consist of a thick native brush line consisting of such native shrubs as laurel sumac, California coffeeberry, toyon, and coast prickly pear. Final fence design and height is subject to the review and approval of the Director of Community Development and consistent with criteria establish by the California Department of Fish and Game. Fencing will not be placed within the jurisdictional areas of the site. 39. Habitat Restoration Plan: Prior to issuance of a r^ Zoning Clearance for a grading permit, a proposed habitat restoration plan shall be developed to ensure compensation for the loss of native habitats that will occur as a result of project development. The habitat restoration plan shall emphasize the selective use of purple needle grass (Stipa pulchra) and other native grasses in the landscape plan for the property and include (subject to approval of the Fire Department), the use of native plants common to Venturian Coastal Sage Scrub (e.g., Salvia apiana, Salvia leucophylla, Artemisia California, Rhus integrifolia, Eriogonum fasciculatum, Encelia California) in upland areas surrounding the project that are disturbed as a result of project development (geologic remediation, construction of fire access roads, etc.). 40. Preservation of oak tree: Prior to grading, the single native oak tree which will be impacted by the project shall be preserved on the site and shall be protected from any adjacent grading or construction operations. The measures that shall be taken to protect this oak Page 21 of 75 S:ICommon#yDe flEm mUI201W es(ookdWedPdnfe- CONDITONS -f.dw ReWwd on NMI 5:2152 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes tree, and the other remaining protected trees on the site, are provided in the Biological Resources Mitigation Plan outlined in the Project Description of the EIR (Chapter 4) . Verification of completion of this requirement is subject to the review and approval of the Director of Community Development. 41. Conservation Easement: Prior to approval of the final map and issuance of a zoning clearance for grading permit, the proposed voluntary Conservation Easement /Conservation Dedication shall be secured by, at a minimum: (1) an irrevocable conservation easement and (2) by a deed restriction. A separate parcel shall be created for transfer of the dedicated open space to conservation status. Although the parcel shall be deed restricted to prevent any future development, a reserved right for the development of a minimal trail system shall be reserved. The subject parcel shall be designated as permanent open space on the City's i� General Plan Land Use Map. No excavation, drilling, extraction, pumping (excluding such pumping as may be needed for de- watering as part of approved grading operations), mining, or similar activity shall be allowed in any portion of the Property zoned Open Space. The limitations and exclusions described in this condition shall be included in the conservation easement. The conservation easement shall be shown on and irrevocably offered for dedication on the first Final Map for the subdivision and shall be in a form acceptable to the City and consistent with Civil Code Section 815 et seq. 42. Design /Development Standards: All design criteria, development standards, landscape concepts and criteria and all building materials, colors and streetscape concepts and other information presented to define the standards for construction and appearance contained in the document titled "West Pointe Homes at North Ranch" Design Guidelines incorporated herein by reference as Exhibit "A" and on file with the Community Development �- Page 22 of 75 S:IOWMRAY D9WkWneftWryvne131201 K18*0ftWest P*fe • CONDITONS•1Aoc ReWnd on OlaW15:23:52 PM / Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes Department, shall apply to residential structures and accessory buildings submitted for Zoning Clearance and Building Permit issuance in Vesting Tentative Tract Map No. 5187 in the City of Moorpark. 43. The applicant shall submit manufacture's specifications for play equipment in the recreation areas with a list of its features, which include but are not limited to: slides, climbing opportunities, deck areas, and ladder, suspension bridge and ships wheel. The area required for this proposed equipment including necessary safety clear areas around its perimeter is 27 "x28" or a 756 square foot area. An example of this type of equipment may be viewed at the City of Moorpark - children play equipment at the entrance to City Hall across from the library. The play equipment shall be of a quality equal to or better than that of "Kids Choice Model #714- 094 ". .- 44. The following changes to the West Pointe Homes North Ranch Design Guidelines shall be incorporated by the applicant and new copies of the guidelines submitted to the Director of Community Development prior to City Council action on the project: a. Adjoining residential units may not have the same floor plan or elevation. b. Compatibility of Changes to Plans: No expansion, alteration or change in architectural elements that is visible from any abutting street shall be allowed, unless in the judgement of the Director of Community Development it is compatible with all dwellings having frontage on the same street and located within 200 feet of the side property line of the structure proposed for expansion or alteration. C. All air conditioning or air exchange equipment must be placed at ground level and may not be placed in a side yard area within 15 feet of an opening window at ground floor level of the Page 23 of 75 S:ICommundy D9YWwmwMwryvmV31201 KWWoMd WostPolnte. CONDITONS•f.doe Remised on 53120015:23:52 PM Vesting Tentative Tract No. 5187 !^ Residential Planned Development No. 99 -02 Applicant: West Pointe Homes adjacent structure and shall not reduce the required sideyards to less than 5 feet of level ground. d. Modifications to Permit: All facilities and uses other than those specifically requested in the application are prohibited unless an application for a modification has been approved by the City of Moorpark. Any minor changes to this permit shall require the submittal of an application for a Minor Modification and any major changes to this permit shall require the submittal of a Major Modification as determined by the Director of Community Development. e. Side yard setbacks as measured from the property line of each lot shall be a two story dwelling which incorporates windows at the second story level shall include the following design criteria for each type of window opening: i) The minimum height to the bottom sill of a second story window with clear glass, and a fixed sash shall be five and one -half (5.5) feet above the finish floor level of the second story and must be off -set by a minimum of three (3) feet from a window with the similar glazing characteristics on abutting structures. f. Windows with a bottom sill height less than five and one -half (5.5) feet above the finish floor level of the second floor shall have a fixed sash and obscure glass which may include stained glass or glass blocks. i) Windows with a bottom sill height less than five and one -half (5.5) feet above the finish floor of the second story, that open or have clear glass shall maintain a ten (10) foot set back from the property line to the face of the window or shall be off -set a Page 24 of 75 - S:ICwmmyDeveonWEmyw U1201WeS rpWWestP*M- OONDITONS -1Aoc Revised on 5/ 120015:2152 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes minimum distance of three (3) feet when a measurement is taken at the nearest side jambs of windows with similar glazing characteristics on abutting structures. ii) windows with a top jamb or head height of fourteen (14) feet or less above the level of the first floor shall be considered a first story window. g. A minimum of six architectural styles shall be included in each of the individual tracts with no more than 20% of the dwellings in each tract represented by one of the architectural styles and no sub -style comprising more than 40% of the maximum number of dwellings allowed for the primary architectural style. h. A minimum of three sub- styles shall be included in the architectural styles. i. Side by side dwellings with the same architectural style shall incorporate at least two of the following criteria: i) Single story ii) Alternative roof lines iii) Increase second story setback by 10 feet from first story setback. iv) Incorporate a porch or balcony V) Incorporate a courtyard behind the front setback a minimum of 8 feet in depth and 10 feet wide. vi) Reverse plan vii) Dormer treatments j. The roof design for all structures as viewed from any street, (including State Route 23) or from the public park shall be varied unit by unit which may be accomplished through the use of at Page 25 of 75 S:ICommuniW DeveiWwfEveryme131201 WesWMW#ditnte - CONDITONS -f.doc Revised on Sr3PM 5:2312 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes least one of the following: alternative roof designs; materials and colors a combination roof design such as hip and gable; through the use of dormer details or by off - setting the roof plane or walls of the building either horizontally or vertically by a minimum of four feet. k. Not more than 20% of the units on any block face shall have the same architectural plan and elevation. 1. Accessory buildings over 120 square feet in area or which require a building permit may be located only in rear yard areas and must be of an architectural style and color and constructed of materials consistent with the main structure. M. Garden walls and fencing to a maximum height of 36 inches may be placed in front yard setback areas provided that they are architecturally f consistent with the main building as approved by the Director of Community Development. n. All property line walls or fences shall be constructed of masonry, stone or concrete products and be in earth tone colors, except for fence lines included in Exhibit "A" West Pointe Homes at North Ranch Design Guidelines the interior view lots as may be determined and approved by the Director of Community Development. o. All walls at the side yard return (side property line to main building) or on a corner lot that are visible from any street shall be constructed of masonry, stone or concrete products and shall be architecturally consistent with the main building to the satisfaction of the Director of Community Development. p. All units abutting the gated entrances to Tract 5187 shall be single story in height, except that �- Page 26 of 75 S:CMMnlly DevefopmenMMYO reU1201 WesOWftsf Pohb - CONUTONSdAoo Revned on OV20015:2312 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes any portion of the structure that is located more than forty (40) feet from the curb line of the gated street may be two stories or 28 feet in height. q. Garages shall maintain a clear unobstructed dimension of 20 feet in length and 10 feet in width for each parking stall provided with a minimum of two garage - parking stalls required for each dwelling unit. r. All neighborhood entries shall be of a gated design, the design of which is subject to review and approval of the Director of Community Development and the City Engineer. The design of the gated entries shall be compatible with the scale, colors, visual character and design of the approved Residential Planned Development Permits so as to enhance the physical and visual quality �- of the neighborhood or tract. S. Rain gutters and downspout shall be provided on all sides of the structure for all structures where there is a directional roof flow. Water shall be conveyed to the street or drives in non- corrosive devices as determined by the City Engineer. t. That all residential units shall be constructed employing energy saving devices. These devices are to include, but are not limited to the following: i) Ultra low flush toilets (to not exceed 1.6 gallons); ii) Low water use shower controllers as required by Title 24 of the Uniform Building Code shall be placed on all shower facilities; iii) Natural gas fueled stoves; ovens and ranges shall not have continuous burning pilot lights; .- Page 27 of 75 S: ICowwnl lyDevefopn*MEv#iymI312O1WesfpoY ftdPOW9- CONDITONS -1.doC Revised on 5 l/Ml 5:21,52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes iv) All thermostats connected to the main space - heating source shall have night set back features; v) To ensure closure when not in use kitchen ventilation systems shall have automatic dampers; and 45. Hot water solar panel stub -outs shall be provided. A minimum one thousand square foot (1000) Club House 50'x30', Swimming Pool a minimum of two regulation sized, and Tennis Courts and the central Open Space area must be in and capable of Homeowner use prior to or concurrently with the final inspection of the first residential structure. 46. The architectural styles depicted in the booklet including: elements sub - style, form Roof, Materials & Element titled West Pointe Homes at North Ranch Design Guidelines, Exhibit "A ", shall form the basis of the evaluation of architectural treatment to be incorporated on each residential structure for permit issuance. At a minimum, the pen and ink drawings that have depicted the respective architectural style and sub -style shall be incorporated in the project as presented in the architectural manual. 47. Gated private street entrances shall provide a 75; right -of -way with two entry lanes into the project and a turn - around area for vehicles denied entry. The entry area and gates shall be designed to reflect a common community architectural theme, which is carried through to the public entrance and the recreation building. 48. The entry area on "A" Street and Walnut Canyon road shall include a bus turn - around area with a bus shelter. 49. The interior of the project shall include ornamental streetlights and street signs on the private streets only. The design of the lights and signs shall enhance �- Page 28 of 75 S:C mmunXy Devebpn &Mwrlro *UI201 Westp "Wed Pohde - CONDITONS -f.doc Revrsed on SCIaW15:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes the community theme. The design and placement of the lights and signs shall be reviewed and approved by the Director of Community Development prior to occupancy. 50. Maintenance of Permit Area: The continued maintenance of the permit area and facilities shall be subject to periodic inspection by the City. The permittee or owner shall be required to remedy any defects in ground maintenance, as indicated by the Code Enforcement Officer within five (5) days after notification. 51. Phasing: Construction phasing shall be approved by the Director of Community Development. The Director shall avoid to the extent possible any impacts to existing residential areas from construction traffic. 52. Submittal of Construction Drawings: Prior to the issuance of a Zoning Clearance, all construction, working drawings, grading and drainage plans, plot plans, final map (if requested by the Director of Community Development) , sign programs, and landscaping and irrigation plans (three full sets) shall be submitted to the Director of Community Development for review and approval. C. CITY CONDITIONS: 1. Prior to approval of the first Final Map, the proposed infrastructure plan for the project shall be designed to place all required water and sewer conveyance facilities in Walnut Canyon The applicant shall obtain all necessary right -of -way and easements to connect the required infrastructure in this alignment. 2. The Developer shall indicate in writing to the City the disposition of any wells that may exist within the project. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed or abandoned per Ventura County Ordinance No. 2372 or Ordinance No. Page 29 of 75 S:ICommonMy DevMaprranflEveryw 991201 WesOWWwt PofMe - CONDITONS -1400 Revised on 59UL001 5.23:52 PM \ Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes 3991 and per Division of Oil and Gas requirements. Permits for any well reuse (if applicable) shall conform to Reuse Permit procedures administered by the County Water Resources Development Department. 3. The applicant shall comply with all pertinent County of Ventura Public Works Department water and sewer connection regulations implemented by the County of Ventura Public Works Department Waterworks District No. 1. 4. All existing and proposed utilities shall be under grounded as approved by the City Engineer. 5. In accordance with Business and Professions Code 8771 the street improvement plans shall provide for a surveyors statement on the plans, certifying that all recorded monuments in the construction area have been located and tied out or will be protected in place during construction. 6. Archaeological or Historical Finds: If any archaeological or historical finds are uncovered during excavation operations, all grading or excavation shall cease in the immediate area, and the find left untouched. The permittee shall assure the preservation of the site; shall obtain the services of a qualified paleontologist or archaeologist, whichever is appropriate to recommend disposition of the site; and shall obtain the Director of Community Development's written concurrence of the recommended disposition before resuming development. The developer shall be liable for the costs associated with the professional investigation. 7. All residential areas to be commonly maintained by a Homeowners' Association, as determined by the City, shall be designated as separate lettered lots on each phase of the subdivision map. Page 30 of 75 S :ICWM*DMkPnMMV6W MV1201 Wes4WMWestPdMe • CONDITONS.I.doc ReyW on 53120015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes 8. Developer shall submit current title reports to assure that all blanket easements are vacated over all the lots and streets. 9. The Developer shall offer right of way dedication to the City for North Hills Parkway that extends to the back lot lines of lots paralleling and extending to the easterly and southerly project boundaries. The offer of dedication will be rejected on the Final Map but will remain valid to perpetuity. 10. Utilities, facilities and services for the project will be constructed in conjunction with its phased development, if any, as the project proceeds or as directed in the Development Agreement. 11. The Developer will be responsible for the construction of all onsite and offsite sanitary sewer faculties and connections required to serve the project. The Developer shall enter into an agreement with Ventura County Water Works District No.l (VCWWD) to construct the improvements and the system will be dedicated to VCWWD No. 1 for maintenance. 12. Prior to Final Map recordation of any phase, the City, Calleguas Municipal Water District and Water District No. 1 shall approve final plans for water distribution. The Developer shall either construct the required distribution facilities or enter into an agreement with the Calleguas Municipal Water District and /or County Waterworks District No. 1 stating when and how facilities will be funded and constructed. The system will be designed and constructed to meet the requirements of the proposed land uses and applicable City, Calleguas and VCWWD No.l standards. 13. Provisions for electrical, natural gas, telephone and solid waste collection services and cable television shall be made to the development. Spare ducting for future communication facilities shall be provided across each street at each street intersection. The ducts will be extended to pull box /vault structures Page 31 of 75 S:ICommonkYDevekpmwWvw)v Ul201WwO "ftstPO*- CONDITONS -f.doo Revised on &31RW15:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes complete with pull rope in place. The pull box /vault size and spacing shall be to the satisfaction of the City Engineer. "A" Street intersections shall be provided with eight (8) 4" ducts and all other street intersections shall be provided with (4) four 4" ducts. 14. Prior to issuance of a grading permit, the applicant shall submit to the City Engineer for review and approval a Management Plan to address water quality impacts of the project. The management regime recommended in this Plan shall be the governing document for the long -term maintenance of water quality features included in the project (e.g., first flush basins and other facilities). The City shall periodically monitor adherence to the plans and management guidelines contained in the Plan. The Plan shall require periodic analysis of the nutrients in the reclaimed water and the nutrient and moisture requirements of the grass and other landscaping within any turf areas in excess of two acres. 15. If any of the improvements which the applicant is required to construct or install are to be constructed or installed upon land in which the applicant does not have title or interest sufficient for such purposes, the applicant shall do all of the following at least 60 days prior to the filling of the final or parcel map for approval pursuant to Governmental Code Section 66457: a. Notify the City of Moorpark (hereinafter City) in writing that the applicant wishes the City to acquire an interest in the land, which is sufficient for the purposes as provided in Governmental Code Section 66462.5. b. Supply the City with (I) a legal description of the interest to be acquired, (ii) a map or diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of Page 32 of 75 S:ICommONty DevebpmenWvetrneU1201 Wesook Mutest POLO - CONDITONS•1.0c Revised on 531/20015:2152 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes Section 1250.310 of the Code of Civil procedure, (iii) a current appraisal report prepared by an appraiser approved by the City which expresses an opinion as to the fair market value of the interest to be acquired, and (iv) a current Litigation Guarantee Report. c. Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the applicant will pay all of the City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. 16. Prior to issuance of a building permit, all habitable structures shall be designed to current UBC requirements or the City approved geotechnical report requirements for the project, whichever standard is most restrictive. 17. Prior to issuance of the first Certificate of Occupancy, construction of Walnut Canyon Road, and "A" Street improvements shall be completed to the satisfaction of the City Engineer. 18. Prior to acceptance of public improvements and bond reduction and /or exoneration, the following requirements shall be satisfied: a. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. b. Sufficient surety in a form and in an amount acceptable to the City guaranteeing the public improvements shall be provided, and shall remain in place for one year following acceptance by the City. C. Original "as built" plans will be certified by the Developer's Registered Civil Engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans Page 33 of 75 S:rAmnwnRyD9wkpiwriMwym QI201WwOo6MWes1P *b- CONDITONSAdoc Revised on 5 IMI 5:2152 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes may have been submitted for checking and construction on sheets larger than 22" X 3611, they must be resubmitted as "record drawings" in a series of 22" X 36" Mylar's (made with proper overlaps) with a title block on each sheet. Submission of "as built" plans is required before a final inspection will be scheduled. 19. Geotechnical Engineering Requirements: a. Prior to submittal of grading plans the Developer shall have a geotechnical report prepared to the satisfaction of the City Engineer and at the minimum the geotechnical report shall address the following: b. The applicant or subsequent developers shall contract with an engineering geologist and geotechnical engineer to quantify the engineering properties of the on -site soil materials, to assess the potential for weak soils or bedding layers which may affect cut and /or natural slopes, and to verify that grading planned within landslide areas will be remediated to result in an increase in landslide stability consistent with factors of safety approved by the City's consulting Geotechnical Engineers. This geotechnical study shall, as deemed necessary by the City Engineer and consulting City Geologist and Geotechnical Engineer, further assess slopes within or adjacent to proposed residential development areas (depending on the final configuration of proposed individual residential parcels). Further assessment must also address stability and mitigation measures for slopes within residential areas, basins, and the water tank site and access road, as well as potential off -site impacts along access corridors. The findings and recommendations of the geotechnical assessment shall be incorporated into the final Page 34 of 75 S:IComm m), DevekpmwMv*ry"U1201 Weslpn WedPowe.CONDITONS -1.doc Revked on 53120015:2152 PM r a Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes design for both the residential and nonresidential components of the project. C. The applicant will determine with subsequent geotechnical studies, the location of any landslide. Landslides shall be removed and recompacted during grading to the satisfaction of the City Engineer and the City's consulting geotechnical engineers. Alternatively, landslides or unstable slopes can potentially be stabilized by constructing buttress or stabilization fill slopes to reduce their potential for future downslope movement. All cut and fill slopes, foundations and structures, shall be designed and constructed to comply with Chapter 70 of the Uniform Building Code (UBC) and applicable City and /or Country Grading Ordinances. Modifications to these standards shall be permitted only with the written concurrence of the City Engineer and the City's consulting geologist. d. An engineering geologist shall define the final grading requirements for residential and recreational facilities. All geological recommendations shall be reviewed and approved by the City Engineer and the City's consulting geologist. Foundation designs in areas where fault traces were identified that have been deemed inactive should address enhancing the stability of homes in the event minor movement occurs as a secondary effect of ground shaking. e. The developer shall cause an engineering geologist to study all unanticipated faults exposed during grading to detect any evidence of possible recent activity. No structure shall be placed within 50 feet of any fault trace. f. All habitable structures shall be designed to accommodate structural impacts from 0.12g- ground acceleration deemed applicable to this project. Page 35 of 75 S :ICW=ndy DswopmeMlEwy"01201 WesfpofntlWest POWs - CONDITONS -I.doo Revised on 53120015:23:52 PM Vesting Tentative Tract No. 5187 r Residential Planned Development No. 99 -02 Applicant: West Pointe Homes The standards shall be prepared to the satisfaction of the City Engineer. g. The developer shall contract with an engineering geologist to prepare grading recommendations, foundation design criteria, and other recommendations regarding detailed project design. As a component of required subsequent geologic studies, a soil engineer shall evaluate the condition of alluvium and unconsolidated soils. Relatively loose soils or alluvium shall be densified or removed and recompacted prior to placement of structures upon such soils. Other mitigation measures shall be incorporated into the final project design as required by the geological assessment. All geological recommendations shall be to the satisfaction of the City Engineer. h. The Director of Community Development and City Engineer shall review the project's conformance with contour grading concept design consistent with recommendations in the City's Hillside Management Ordinance and City Council Resolution No. 2000 -1874. Grading permits shall not be issued until 40 scale grading plans have been developed that incorporated contour grading techniques. The project shall be constructed in accord with the approved grading plans. i. The Developer shall submit to the City Engineer for review and approval, a detailed Geotechnical Engineering Report certified by a California Registered Civil Engineer. The geotechnical engineering report shall include an investigation with regard to liquefaction, expansive soils, and seismic safety. Also, the report shall discuss the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. Should additional Page 36 of 75 S:ICom w* Devebpme Mv&y"UI201 WesfpoM KU PDWe - CONDITONS -f.doc RevkW on 531120015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes geotechnical studies be generated or required as a result of the geotechnical investigation, additional plan check fees will be required. j. Review of the geotechnical engineering report, by the City's Geotechnical Engineer, is required. The Developer shall reimburse the City for all costs including the City's administrative.fee for this review. k. All recommendations included in the approved geotechnical engineering report shall be implemented during project design, grading, and construction in accordance with the approved project. The City's geotechnical consultant shall review all plans for conformance with the soil engineer's recommendations. Prior to the commencement of grading plan check, the Developer's geotechnical engineer shall sign the plans confirming that the grading plans incorporate the recommendations of the approved soil report(s). 20. General Grading Requirements: a. The fuel injection of all diesel engines used in construction equipment should be retarded two degrees from the manufacturer's recommendation. b. ROC, NOX and dust during construction grading will be suppressed by the following activities: i) Equipment not in use for more than ten minutes should be turned off. ii) All diesel engines used in construction equipment should use high - pressure injectors. iii) All diesel engines used in construction equipment should use reformulated diesel fuel. Page 37 of 75 S:IComM* Oev9kPnM EveWMV1201 Westpowftst POO* - CONDITONS -1.doc Revised on 531/20015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes iv) Construction grading shall be discontinued on days forecasted for first stage ozone alerts (concentration of 0.20 ppm) as indicated at the Ventura County APCD air quality monitoring station closest to the City of Moorpark. Grading and excavation operations shall not resume until the first stage smog alert expires. v) All clearing and grading activities shall cease during periods of high winds (i.e., greater than 15 miles per hour averaged over one hour) to prevent excessive amounts of fugitive dust. vi) All material transported off -site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. vii) All active portions of the site shall be either periodically watered or treated with environmentally safe dust suppressants to prevent excessive amounts of dust. viii) Facilities shall be constructed and operated in accordance with the Rules and Regulations of the Ventura County Air Pollution Control District. ix) Large scale construction vehicles and trucks exiting the project site during the mass grading period shall be required to have tire wash -downs to minimize the dispersion of dust onto local streets. C. Temporary erosion control measures shall be used during the construction process to minimize water quality effects. Specific measures to be applied shall be identified in the project Erosion and Sediment Control Plan. A trained BMP Supervisor shall be onsite during all construction Page 38 of 75 S:lGmm*D n*IM erymI31201 WOS(W llWedPdrde- CONDITONS -1.doc Reeked on 53120015 :23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes activities. (The qualifications of the BMP supervisor shall be to the satisfaction of the City Engineer) . The following water quality assurance techniques shall be included, but not limited to the following, as deemed necessary: i) Minimize removal of existing vegetation. ii) Provide temporary soil cover, such as hydro seeding, mulch /binder and erosion control blankets, to protect exposed soil from wind and rain. iii) Incorporate silt fencing, berms, and dikes to protect storm drain inlets and drainage courses. iv) Rough grade contours to reduce flow concentrations and velocities. V) Divert runoff from graded areas, using straw bale, earth, and sandbag dikes. vi) Phase the grading to minimize soil exposure during the October through April rainy season. vii) Install sediment traps or basins. viii) Maintain and monitor erosion /sediment controls. d. To minimize the water quality effects of permanent erosion sources, the following design features shall be incorporated into the project - grading plan to the satisfaction of the City Engineer. The City Engineer shall review and approve the grading plan to verify compliance with Best Management Practices features including, but not limited to the following: i) Drainage swales, subsurface drains, slope drains, storm drain inlet /outlet protection, and sediment traps. r- Page 39 of 75 S.Zow wndy 0evebpmwMveryon@%31201 WestpoMWest Pointe • CONDITONS -1,doc Revked on 53120015:2152 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes ii) Check dams to reduce flow velocities. iii) Permanent desilting basins. iv) Permanent vegetation, including grass -lined swales. V) Design of drainage courses and storm drain outlets to reduce scour. e. Prior to issuance of the initial grading permit, the developer shall prepare an Erosion and Sediment Control Plan to address construction impacts and long -term operational effects on downstream environments and watersheds. Certified Erosion and Sediment Control Professional or a qualified Civil Engineer shall prepare this plan. The use of jute or other artificial cover approved by the City Engineer will be required for all graded slopes during the period of October 15 through, and inclusive of April 15. Proposed management efforts shall include (but not be limited to) provisions for the use of vegetative filtering enhanced by creek bed reconstruction, preparation of detailed erosion control plans, appropriate use of temporary debris basins, silt fences, sediment traps and other erosion control practices. The proposed plan shall also address all relevant NPDES requirements and recommendations for the use of best available technology. The erosion control plan shall be reviewed and approved by the Director of Community Development and City Engineer prior to issuance of grading permits for mass grading. Sediment yields in the watersheds within the project boundary shall be computed for pre - development and post - development conditions in accord with methods outlined in Erosion and Sediment Yields in the Transverse Ranges, Southern California (United States Geological Survey, 1978) . These estimates of sediment yield 1, Page 40 of 75 S:I wmnllyDevebpnadEvoo=e131201 Wes0oiMlWe9PcM- C0NDIT0N8-f.doc Revised on 53120015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes shall be completed prior to initiating final design of the regional flood control debris /detention basin facility situated in the Walnut Canyon Drainage along the easterly project boundary. f. The applicant shall be required. to obtain all Clean Water Act 401 and 404 permits and clearances as administered by the Army Corps of Engineers and the Regional Water Quality Control Board /State Water Resource Board. These permits shall be obtained prior to initiating any grading permits or clearing and grubbing activities not covered under the City's grading ordinance. All conditions of the permits and certifications from these agencies that are designed to minimize impacts to biological resources and all measures to mitigate for the loss of jurisdictional habitats shall be implemented. Implementation of !� mitigation designed to offset impacts to areas of federal jurisdiction shall be monitored by the relevant federal agencies and by the City (under the California Environmental Quality Assurance Program) for the project. g. The following mitigation measures shall be implemented during all construction activities throughout build out of the project to minimize the impacts of project - related noise in the vicinity of the proposed project site: h. Construction activities shall be limited to between the following hours: a) 7:00 a.m. and 7:00 p.m. Monday through Friday, and b) 9:00 a.m. to 6:00 p.m. Saturday. Construction work on Saturdays will require payment of a premium for City inspection services, and may be further restricted or prohibited should the City receive complaints from adjacent property owners. No construction work is to be done on Sundays, and Page 41 of 75 S:ICw=nAyDevekpmenHEvetywQ1201 WegookmWedPDMte- CONDITONS•f.doc Revised on 5/3120015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes City observed holidays pursuant to Section 15.26.010 of the Municipal Code. i. Truck noise from hauling operations shall be minimized through establishing hauling routes that avoid residential areas and requiring that "Jake Brakes" not be used along the haul route within the City. The hauling plan must be identified as part of the grading plan and shall be approved by the City Engineer. j. The Developer shall ensure that construction equipment is fitted with modern sound- reduction equipment. i) Stationary noise sources that exceed 70 dBA of continuous noise generation (at 50 feet) shall be shielded with temporary barriers if existing residences are within 350 feet of the noise source. r. ii) Designated parking areas for construction worker vehicles and for materials storage and assembly shall be provided. These areas shall be set back as far as possible from or otherwise shielded from existing surrounding rural residential neighborhoods. iii) Immediately surrounding property owners shall be notified in writing on a monthly basis of construction schedules involving major grading, including when clearing and grading is to begin. The project developer shall notify adjacent residents and property owners by Certified Mail- Return Receipt Requested, of the starting date for removal of vegetation and commencement of site grading. The content of this required communication shall be approved by the City Engineer in advance of its mailing and the return receipts, evidencing United States �,-- Page 42 of 75 S:ICamn *OeWkWn rdlEW4VN131201 Waslpok ftgPON- CONDITONSAdoc Revised on 531/20015:2152 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes mail delivery, shall be provided to the Engineering Department. iv) A construction effects mitigation program shall be prepared and submitted to the City after completion and occupancy of the first phase of project bailout. This program shall protect, to the degree feasible, new residents from the impacts of sustained construction on new neighborhoods. k. Build out of the project shall be consistent with the approved Tentative Map Phasing Plan adopted by the City Council. This phasing plan shall be recorded at the time the Final Map is approved. The Phasing Plan shall be consistent with requirements to provide adequate dual access to the occupied dwelling units and to the area under construction. 1. The post - grading slope remediation areas along the northern and southern ridgelines shall reflect contour grading design to diminish the visual effects of slope modifications. M. The Developer shall submit to the City of Moorpark for review and approval, a rough grading plan, consistent with the approved Tentative Map, prepared by a Registered Civil Engineer, shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. n. Concurrent with submittal of the rough grading plan an erosion control plan shall be submitted to the City for review and approval by the City Engineer. The design shall include measures for hydro seeding on all graded areas within 30 days of completion of grading unless otherwise approved by the City Engineer. Reclaimed water shall be used for dust control during grading, if /I- Page 43 of 75 S:ICom=nAy DevefoAmwAE'very"QI201 Wes" MWeslPokb- CONDITONS -1.doc Revked on WV20015:2152 PM f„ Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes available from Ventura County Waterworks District No. 1. o. This project is projected to balance cut and fill onsite. Unanticipated off -site import /export operations requiring an excess of 1,000 total truckloads or 10,000 cubic yards of material shall require City Council approval prior to the commencement of hauling or staged grading operations in accordance with City Council Resolution No. 2000 -1784. A haul route is to be submitted for review and approval by the City Engineer and Director of Community Development. Additional surety for the cleaning and /or repair of the streets shall be required as directed by the City Engineer. p. All requests for staged grading shall be submitted in writing to the City Engineer for review and approval by the City Council. q. Temporary irrigation, hydro seeding and erosion control measures shall be implemented on all temporary grading. Temporary grading is defined to be any grading partially completed and any disturbance of existing natural conditions due to construction activity. These measures will apply to temporary grading activity that remains or is anticipated to remain unfinished or undisturbed in its altered condition for a period of time greater than thirty (30) days or the beginning of the rainy season whichever comes first. r. The maximum gradient for any slope shall not exceed a 2:1 slope inclination except where special circumstances exist. In the case of special circumstances where steeper slopes are warranted a certified soil engineer will review plans and their recommendations will be subject to the review and approval of the City Engineer and the Director of Community Development. Page 44 of 75 S.Z mmundy DeveloPM&Mve"m'31201 WesOoMWest Pointe • CANDITONS•1.doc ReNsed on MIMI 5:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes S. All graded slopes shall be planted in a timely manner meeting the approval of the Director of Community Development with groundcover, trees and shrubs that will stabilize slopes and minimize erosion. t. All development areas and lots shall be designed so that surface drainage is collected by the on- site storm drain system prior to connecting to the existing flood control facilities to the east of the property. U. So as to reduce debris from entering sidewalk and streets, the approved grading plan shall show a slough wall, approximately 18 inches high, with curb outlet drainage to be constructed behind the back of the sidewalk where slopes exceeding 4 feet in height are adjacent to sidewalk. The Developer shall use the City's standard slough wall detail during the design and construction. The City Engineer and Director of Community Development shall approve all material for the construction of the wall. 21. During grading, the following requirements shall apply: a. Grading may occur during the rainy season from October 15th to April 15th subject to approval by the City Engineer and installation of erosion control facilities. Erosion control measures shall be in place and functional between October 15th and April 15th. In order to comply with the October 15 date, revised erosion control plans shall be submitted to the City Engineer, no later than September 15th of each year from the start of grading or clearing operations to the time of grading bond release. b. Prior to any work being conducted within the State, County, or City right of way, the Page 45 of 75 S:ICa mnJty D@Ye merMw4vw 31201 WeS00h4Ved P*b - CONDITONS -144 ReNsed on 53120015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes Developer shall obtain all necessary encroachment permits from the appropriate Agencies. C. During site preparation and construction, the contractor shall minimize disturbance of natural groundcover on the project site until such activity is required for grading and construction purposes. During grading operations, the developer shall employ a full -time superintendent for NPDES compliance. The NPDES superintendent shall have no other duties than NPDES compliance, shall be present, on the project site Monday through Friday and on all other days when the probability of rain is 40% or higher and prior to the start of and during all grading or clearing operations until the release of grading bonds. The NPDES superintendent shall have full authority to hire personnel, bind the developer in contracts, rent equipment and purchase materials to the extent needed to effectuate Best Management practices. The NPDES superintendent shall provide proof to the City Engineer of attendance and satisfactory completion of courses satisfactory to the City Engineer totaling no less than 8 hours directed specifically to NPDES compliance and effective use of Best Management Practices. Proof of such attendance and completion shall be provided to the City Engineer prior to employment to the NPDES superintendent d. During clearing, grading, earth moving or excavation operations regular watering shall control dust. In addition the following measures shall apply: i) Water all site access roads and material excavated or graded on or off -site to prevent excessive amounts of dust. Watering shall occur a minimum of at least two times daily, preferably in the late morning and Page 46 of 75 S:ICort=ndy OereloymenMve"wQ1201 WosOOMWest PoNde - CONDITONS -1.d0C Revised on 59120015:23:52 PM Vesting Tentative Tract No. 5187 r Residential Planned Development No. 99 -02 Applicant: West Pointe Homes after the completion of work for the day. Additional watering for dust control shall occur as directed by the City. The grading plan shall indicate the number of water trucks that will be available for dust control at each phase of grading. ii) Cease all clearing, grading, earth moving, or excavation operations during periods of high winds (greater than 15 mph averaged over one hour). The contractor shall maintain contact with the Air Pollution Control District (APCD) meteorologist for current information about average wind speeds. Water or securely cover all material transported off -site and on -site to prevent excessive amounts of dust. iii) Keep all grading and construction equipment �- on or near the site, until these activities are completed. iv) All employees involved in grading or excavation operations during dry periods shall use facemasks to reduce inhalation of dust, which may contain the fungus that causes San Joaquin Valley Fever. v) The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive dust generation. vi) Wash off heavy -duty construction vehicles before they leave the site. e. After clearing, grading, earth moving, or excavation operations, and during construction activities, fugitive dust emissions should be controlled using the following procedures: i) Apply non - hazardous chemical stabilizers to all inactive portions of the construction Page 47 of 75 S:ICommungy DewWme MmyowM201 WesoolnflWest Pointo - CONDITONS -I&C Revised on 53120015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes site. When appropriate, seed exposed surfaces with a fast growing, soil binding plant to reduce wind erosion and its contribution to local particulate levels. ii) Periodically, or as directed by the City Engineer, sweep public streets in the vicinity of the site to remove silt (i.e., fine earth material transported from the site by wind, vehicular activities, water runoff, etc.), which may have accumulated from construction activities. f. During smog season (May- October) the City shall order that construction cease during Stage III alerts to minimize the number of vehicles and equipment operating, lower ozone levels and protect equipment operators from excessive smog levels. The City, at its discretion, may also limit construction during Stage II alerts. g. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriff's Department, and the City Construction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. h. The Developer shall utilize all prudent and reasonable measures (including installation of a 6 -foot high chain link fence around the construction sites or provision of a full time licensed security guard) to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury. Page 48 of 75 S:ICamnuno D@WkpnnnMmyu 131201 W&OWWest P*to- CONDIiONS -144 Revisedm WI W15:2152PM 1 r Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes i. Backfill of any pipe or conduit shall be in 4" fully compacted layers unless otherwise specified by the City Engineer. j. Soil testing for trench compaction shall be performed on all trenching and shall be done not less than once every 4 feet of lift and 100 lineal feet of trench excavated. k. Observe a 15 -mile per hour speed limit for the construction area. 22. During site preparation and construction, construct temporary storm water diversion structures per City of Moorpark standards. 23. Road and Traffic Requirements a. Developer shall participate in intersection improvements for Los Angeles Avenue /Tierra Rejada Road, Poindexter Road /Moorpark Avenue, Los Angeles Avenue /Moorpark Avenue, Los Angeles Avenue /Spring Road and Spring Road /High Street. The level of participation will be as noted in the traffic report, dated October 30, 2000, by Associated Transportation Engineers Table 14 on page 39. b. The secondary fire access road at the north of the property shall include the following: i) Prior to submittal of grading plans, the proposed interim secondary fire access road that extends onto adjacent private property shall be recorded as a revocable easement benefiting the West Pointe Homes subdivision. The terms of revocation of roadway easements shall be limited to a condition that adequate dual access to the site is provided. This would develop a southern connector public street, which shall link the West Pointe Homes project to the proposed State Route 118 arterial or �. Page 49 of 75 S:ICOmwmyDevebp7 Ml wyp QI201WeSOWWO9Pants- CONDITONS -1.0C Revised on 5011200151152 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes other linkage to the public street system to be developed by the Moorpark Highlands Specific Plan. ii) Prior to approval of the Development Agreement, a study shall be submitted to the City Engineer to show roadway alignments and extent of slope easements needed for the area south of "A" Street at lots 223 -236; and at the confluence of Streets F & G, involving lots 185 -190; and along Streets I & K involving lots 135 -149. In addition, the study shall include SR118 alignments and grades and the affect on any proposed onsite slopes, pads, drainage facilities, roadway alignments and any other improvements. C. The applicant shall fund the full cost of required improvements to the intersection of Moorpark Road and High Street to ensure that project plus cumulative traffic does not result in a reduction of Level of Service to level of service D. Anticipated improvements to this intersection include widening approaches to provide an additional through lane, restriping, providing signal timing and coordination between Casey Road and Meer-gar-le High Street, completing north and south bound lane approaches, and related pedestrian improvements in the vicinity of the Moorpark Avenue /High Street intersection. Moorpark Avenue to the north of the intersection shall be widened to four lanes without narrowing the existing sidewalk. These improvements shall be completed under a reimbursement agreement acceptable both to the City and to the applicant. Terms of reimbursement shall be defined in the Development Agreement for the project. d. The applicant shall fund the full cost of required improvements to the intersection of High Page 50 of 75 f S1& wwnkyDevebpnwAEwywU1201WesfpWWestPOO- CONDITONS -1.doc ReAW on 59120015 :2152 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes Street and Spring Street. Anticipated improvements to this intersection necessary to ensure operations are maintained at Level of Service C include restriping of lane approaches to provide an additional eastbound lane. Based on present information, no widening is required to complete this improvement. This improvement shall be completed under a reimbursement agreement acceptable both to the City and to the applicant. Terms of reimbursement shall be defined in the Development Agreement for the project. Completion of this improvement by the applicant is in excess of CEQA based pro -rata requirements and has been entered into voluntarily by the applicant. This improvement shall be completed prior to the issuance of building permits for the 1st residential dwelling unit in the project. e. To the degree permitted by Caltrans, the following traffic calming devices /techniques shall be incorporated into the street improvements within the Caltrans frontage adjacent to the West Pointe project: i) Rumble strips shall be placed on both the north and southbound approaches to the project entrance intersection. ii) Intersection warning signage shall be placed on both north and southbound approaches to this intersection. iii) The project entrance design shall be refined to include landscape transitions which parallel left turn and deceleration /acceleration lanes since an organized and patterned street tree planting program influences travel speeds. iv) Speed limits shall be clearly and sufficiently posted above and below the project entrance. Page 51 of 75 S:ICww=*yDevebpmenAEveWmQ1201 Westpo6MWes1PoWe- CONDITONS -1,doc ReWsed on &3120015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes j. The improvements along Walnut Canyon Road associated with the project shall include improvements along the full extent of the frontage, including the prolongation of the property at the southerly end of the site, including any standard offsite transition. Improvements include, but are not limited to, horizontal and vertical realignment of Walnut Canyon Road in accordance with City and Caltrans standards with no less than 8 -foot shoulders, no less than 12 -foot travel lanes, no less than 12 foot turning lanes, and pedestrian facilities along or parallel to Walnut Canyon Road. The extent of the Developer's contribution of this Page 52 of 75 SACW=nNy D&vekpmWEwOvmU1201 WeslpoiMWesf Pobde - CONDITONS.14DC Revised on WM0015:23:52 PM v) Advance signal and intersection notification should be provided on the approach to the project intersection if it is signalized in the future. f. The northbound approach to Moorpark Avenue /High Street shall be widened and re- striped to provide for an exclusive left -turn lane, a through lane and a through /right -turn lane. g. The Charles Street intersection with Walnut Canyon shall be restriped to provide proper pedestrian crossings and to maintain clearance for northbound left turn movements. h. Appropriate traffic calming devices shall be installed along approaches to intersections between Casey Road and Moorpark Avenue /High Street. i. Proper signal interconnection, video controls, and improved signal coordination shall be installed between Casey Road /Walnut Canyon and Moorpark Avenue /New Los Angeles Avenue. The developer shall be required to contribute a pro - rata portion of the costs associated with implementing these improvements. j. The improvements along Walnut Canyon Road associated with the project shall include improvements along the full extent of the frontage, including the prolongation of the property at the southerly end of the site, including any standard offsite transition. Improvements include, but are not limited to, horizontal and vertical realignment of Walnut Canyon Road in accordance with City and Caltrans standards with no less than 8 -foot shoulders, no less than 12 -foot travel lanes, no less than 12 foot turning lanes, and pedestrian facilities along or parallel to Walnut Canyon Road. The extent of the Developer's contribution of this Page 52 of 75 SACW=nNy D&vekpmWEwOvmU1201 WeslpoiMWesf Pobde - CONDITONS.14DC Revised on WM0015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes improvement shall be negotiated in the Development Agreement for the project. k. The primary project collector street intersection with Walnut Canyon Road (State Route 23) shall be designed to the satisfaction of the City Engineer and Caltrans to ensure that acceptable turning radii, lane widths, shoulders, lane tapers, and adequate acceleration and deceleration improvements are incorporated into the project entrance improvement program. Modifications to State Route 23 shall be constructed prior to issuance of the first building permit for the residential dwelling unit. An encroachment permit shall be obtained from Caltrans prior to construction of any proposed roadway improvements. Any additional right -of -way required to implement the approved design for this entrance intersection shall be acquired by the applicant and dedicated to the State in a manner acceptable to Caltrans and the City Engineer. All required dedications shall be illustrated on the Final Vesting Map. Proof of encroachment or other non -City permits and bonds shall be provided to the City Engineer. 1. Entry monumentation that does not interfere with sight- distance or turning movements shall be incorporated into the project entrance planning. Landscaping shall be provided appropriate to the entry that will not interfere with sight- distance or turning movement operations. To the degree feasible, the entrance landscaping shall extend along the full frontage of the project to provide traffic calming consistent with current landscape design practice. The final design for the project entrance shall be reviewed and approved by the City Community Development Department Director and the City Engineer prior to the issuance of building permits. The turning and acceleration �- Page 53 of 75 S:IConm *Dave Everyone131201 WOSO"West Points - CONDITONS -1.doc Revised on 0laW15:2152 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes lanes provided along Route 23 at the project entrance shall be no less than 12 feet wide. M. The public street ( "A" Street) shall be constructed in its entirety as part of the first phase of this project to achieve a connection between Walnut Canyon Road and the planned east /west arterial connecting Spring Road to Los Angeles Avenue, west of Gabbert Road. Complete improvement plans shall be prepared including improvements required off -site to complete this required connection. In the event that the east /west arterial road is not developed prior to or concurrently with this project thus providing circulation to Los Angeles Avenue or Spring Road, an alternative may be approved through a Development Agreement. The intent of any alternative to an actual roadway connection should be to reduce the time for construction of (^ the east /west arterial to improve circulation and public safety access to this project. n. The project developer shall be responsible for upgrading the Walnut Canyon Road /Casey Road intersection to include a dedicated turn lane for southbound vehicles on Walnut Canyon Road to turn onto westbound Casey Road. Traffic signal changes as needed, to facilitate this turn lane, may also be required. o. The Developer shall submit to the City of Moorpark for review and approval, street improvement plans prepared by a Registered Civil Engineer and shall post sufficient surety guaranteeing the construction of the improvements. Street shall not be accepted by the City for maintenance until completion, unless otherwise determined by the City Engineer. Page 54 of 75 S:ICw=nhyDevekWnw lEverymreU1201WesQxMWedPO O- CONDITONS -1.dx Revised on 01120015:2152 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes p. All internal streets shall conform to the design requirements of the Ventura County Road Standards (most recent revision) unless otherwise modified by conditions included in this document. q. The street improvements shall include concrete curb and gutter, parkways, street lights, and signing, striping, interim striping and traffic control, paving, and any necessary transitions, to the satisfaction of the City Engineer. The City Engineer and the Director of Community Development shall approve all driveway locations. The Developer shall dedicate any additional right -of -way necessary to make all of the required improvements. r. Developer shall provide internal street improvement as follows: i) "A" Street (Public Street Collector) - per Ventura County Standard Plate B -4A, 60 feet right of way, 12 feet traveled lanes, 8 feet bike lanes, 10 feet parkways with. 5 feet wide sidewalks. ii) Private Streets (Collector) - per Ventura County Standard Plate B -4A, 60 feet right of way, 12 feet traveled lanes, 8 feet bike lanes, 10 feet parkways with 5 feet wide sidewalks. This includes the following streets: Portion of "B" Street from "A" street to "D" Street; Portion of "E" Street from "I" street to "A" Street; "I" Street; "K" Street from "I" Street to "O" Street; and "O" Street. iii) Private Streets (Cul -de -sacs) - per Ventura County Standard Plate B -4C, 52 feet right of way, 12 feet traveled lanes, 4 feet bike lanes, 10 feet parkways with 5 feet wide sidewalks. The cul -de -sac head shall be designed per Ventura County Standard Plate Page 55 of 75 f S.T MnMnity DevebpmenllEveryn*UI201 WeSOOMWest Pobte- CONDITONS -140e Revised on 531120015:2152 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes C -3. Rolled curbs shall be allowed provided no design /drainage constraints prevent their use. This includes the following streets: Portion of "B" Street from "D" street to south of "C" Street; "C" and "D" Streets; Portion of "E" Street from "I" Street to westerly end; "F ", "G ", "H" "J" Streets; Portion of "K" Street from "I" Street to southerly terminus; Portion of "K" Street from "0" Street to easterly terminus; and "L ", "M" and "N" Streets. S. Driveways shall be designed in accordance with the Latest Ventura County Road Standards. t. The Developer shall provide slope easements for road maintenance purposes along all roads where the top of cut plus 5 feet or the toe of fill plus 5 feet is beyond the dedicated right -of -way. Said slope easements shall include the area covered by the cut slope plus 5 feet and fill slope plus 5 feet. U. Streetlights shall be provided on the improvement plans per Ventura County Standards and as approved by the City Engineer. V. Above ground obstructions (utility cabinets, mailboxes, etc.) are to be placed within the right -of -way landscaping areas whenever possible. When above ground obstructions are to be placed within the sidewalk, a minimum five (5) foot clear sidewalk width must be provided around the obstruction. 24. The Developer shall offer to dedicate to the City of Moorpark access easements over all streets to provide access for all governmental agencies providing public safety, health and welfare. Page 56 of 75 S:ICWMR#YD8WWfferMEverya *UI201 WesfpWWestP*fe- CONDffONS -i.dX Revised on 531/20015:21 :52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes 25. The Developer shall dedicate vehicular access rights to the City of Moorpark along "A" Street and Walnut Canyon Road. 26. The Developer shall post sufficient surety guaranteeing completion of all site improvements within the development and offsite improvements required by the conditions as described herein (i.e., grading, street improvements, storm drain improvements, landscaping, fencing, bridges, etc.) or which require removal (i.e., access ways, temporary debris basins, etc.) in a form acceptable to the City. 27. Prior to recordation of final maps, proposed street names shall be submitted to the Fire District's Communications Center for review and approval. Street name signs shall be installed in conjunction with the road improvements. The type of sign shall be in accordance with Plate F -4 of the Ventura County Road Standards. 28. All lighting along the perimeter of natural areas, particularly street lamps, shall be downcast luminaries and shall be shielded and oriented in a manner that will prevent spillage or glare into the remaining natural and open space areas. Final lighting orientation and design shall be to the satisfaction of the City Engineer. All lighting proposed shall be consistent with Chapter 17.30 of the Municipal Code. 29. Drainage Requirements a. Prior to approval of the initial grading plan permit, the applicant shall submit to the City Engineer for review and approval, a Master Drainage and Flood Control Improvement Plan which identifies all required drainage and flood control improvements necessary to implement the proposed project. This plan shall be prepared to the satisfaction of the City Engineer, Portions of the improvements that fall within easements or right -of -way dedicated to the Ventura County Page 57 of 75 S:ICommundy Dratpm&ifiEv&ywel31201 Westpwftsf POMte • CONDITONS -l.doc ReWsed on &MO015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes Flood Control District shall be prepared to the satisfaction of the City Engineer and the District. The plan shall identify all major improvements and typical drainage facilities for the project. The capacity, location, and size of all culverts, collection devices, energy dissipaters, and related improvements shall be designed as herein specified to the satisfaction of the City Engineer and Ventura County Flood Control District. Capacity details for the construction of the on -site private detention basins and the regional flood control basin in Walnut Canyon shall be included in the Master Improvement Plan. All necessary permits required to implement the Improvement Plan shall be obtained from the County Flood Control District prior to City issuance of a permit for mass grading. No mass - grading permit shall be issued +' until the Master Plan is completed and approved. The Master Plan shall identify improvements that must be completed coincident with the initiation of mass grading. All improvements shall be constructed consistent with approved plans. b. The applicant shall make a pro -rata contribution to the mitigation of cumulative regional drainage deficiencies consistent with the remediation programs proposed in the Drainage Deficiency Study and adopted by the City. If a formal fee program to implement required drainage improvements is not adopted at the time of project approval, the applicant's pro -rata contribution or reimbursement fund required regional improvements shall be included in the project Development Agreement. Payment of negotiated drainage improvement fees shall be required prior to issuance of building permits. C. The Developer shall submit to the City Engineer for review and approval, drainage plans; �— Page 58 of 75 S:ICmmwndyDeve4ma- MEvewe)31201 Wesfpo &AWestPdnte- CONDITONS -l.doc Rev1W on &3120015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes hydrologic and hydraulic calculations prepared by a California Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. d. The plans shall depict all on -site and off -site drainage structures required by the City Engineer. e. The drainage plans and calculations shall indicate the following conditions before and after development: Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention facilities and drainage courses. f. Hydrology shall be per the current Ventura County Flood Control Standards except as follows: i) All storm drains shall carry a 10 -year frequency storm. ii) All catch basins shall carry a 10 -year storm. iii) All catch basins in a sump condition shall be sized such that depth of water at intake shall equal the depth of the approach flows. g. All culverts shall carry a 100 -year frequency storm. h. Drainage facilities shall be provided such that surface flows are intercepted and contained in a storm drain system prior to entering collector or secondary roadways. i. Under a 10 -year frequency storm, local, residential and private streets shall have one 12' wide dry travel lane available on interior residential streets. Collector streets shall have Page 59 of 75 S:ICw=ndyDev@kw tEwry,omVI201 WestPOWW89POk*- CONDMONS -f.doc Re*W on 5912001 5:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes a minimum of one 12' wide dry travel lane in each direction. j. Drainage to adjacent parcels shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows shall be provided by the Developer. k. Drainage grates shall not be used at any location accessible by pedestrian, bicycle or equestrian traffic. 1. An Assessment District comprised of the portion of this project developed with single - family dwellings together with Home Owner's Association (HOA) maintained areas shall be formed to maintain all NPDES facilities prior to recordation of any final map. M. If the land to be occupied is in an area of �- special flood hazard, the Developer shall notify all potential buyers in writing of this hazard condition. The grading plan shall also show contours indicating the 50- and 100 -year flood levels. n. All flows from brow ditches, ribbon gutters and similar devices shall be deposited into the storm drain system prior to entering streets. If necessary, the storm drain system shall be extended beyond the public right -of -way through easements to eliminate surface flow between parcels. Both storm drains and easements outside the public right -of -way are to be maintained by the Homeowners Association unless otherwise approved by the City Council or accepted for maintenance by the Ventura County Flood Control District. o. Concrete drainage structures shall be tan in color, as approved by the Director of Community Development, and to the extent possible shall Page 60 of 75 S:ICOMMUnNyDevebpmMMverywe 131201 WeslpoirtllWedPoft- CONDMONS -1.doc Re*W on 53120015:23:52 PM ^ Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes incorporate natural structure and landscape to reduce their visibility. p. Drainage for the development shall be designed and installed with all necessary appurtenances to safely contain and convey storm flows to their final point of discharge to the satisfaction of the City Engineer. q. A hydraulic /hydrologic study shall be prepared which analyzes the hydraulic capacity of the drainage system, with and without the storm drain system for the proposed development. The Developer shall make any downstream improvements, required by Ventura County Flood Control and the City of Moorpark, to support the proposed development. r. Improvements shall be constructed to detain drainage on -site when the drainage amount is between the ten -year and fifty -year storm event. A rainfall intensity zone K shall be utilized in the design unless an alternate design intensity is approved by the City Engineer. S. The applicant shall demonstrate that surface drainage from the site shall not drain over the sidewalk or driveways. t. The Developer shall demonstrate, for each building pad within the development area, that the following restrictions and protections can be put in place to the satisfaction of the City Engineer: i) Adequate protection from a 100 -year frequency storm. ii) Feasible access during a 50 -year frequency storm. /-� Page 61 of 75 ( S: ICammmkyDewkpnwMv& yml3l2O1W &gPOWWOdPokb.CONDITONS•i.doc Revised on 01/20015:2152 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes iii) Hydrology calculations shall be as per these conditions and as per current Ventura County Flood Control Standards. iv) All habitable structures shall be elevated at least one foot above the 100 -year flood level. U. The Developer shall provide for all necessary on- site and off -site storm drain facilities to the satisfaction of the City Engineer to accommodate upstream and on -site flows. Facilities, as shown on existing drainage studies and approved by the City Engineer, shall be delineated on the final drainage plans. Either on -site retention basins or storm water acceptance deeds from off -site property owners must be specified. These facilities (if applicable) must also be acceptable to the Ventura County Flood Control f— District. 30. National Pollutant Discharge Elimination System ( NPDES) Requirements are as follows: a. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the Developer shall submit a Storm Water Pollution Control Plan (SWPCP) to the satisfaction of the City Engineer. b. The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Storm Water Quality Management Program, NPDES Permit No. CAS004002. C. The SWPCP shall identify potential pollutant sources that may affect the quality of discharges to storm water and shall include the design and placement of recommended Best Management Practices (BMPs) to effectively prohibit the entry of pollutants from the construction site into the storm drain system. ,r Page 62 of 75 { S:ICW=nityDOVW* &' MEvep" 13 1201ft *OkMW@dPdnte•CONDITONS.I.da Reeked on 53120015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes d. Improvement plans shall note that the contractor shall comply to the "California Storm Water Best Management Practice Handbooks" e. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the Developer shall also submit a Notice of Intent (NOI) to the California State Water Resources Control Board, Storm Water Permit Unit in accordance with the NPDES Construction General Permit (No. CASQ00002): Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activities) . The Developer shall comply with all requirements of this General Permit including preparation of a Storm Water Pollution Prevention Plan (SWPPP) f. The Developer shall obtain a permit from the s State Water Resources Control Board for all storm water discharges associated with this development. The Developer shall submit a copy of the Notice of Intent (NOI) to the City Engineers office as proof of permit application. g. The Developer shall also comply with NPDES objectives as outlined in the "Storm Water Pollution Control Guidelines for Construction Sites ". h. Prior to recordation of the first Final Map, applicant will provide facilities to comply with NPDES requirements. Runoff from developed areas shall be diverted to detention basins, or underground oil and grease traps or other Best Management Practices (BMP's) to the satisfaction of the City Engineer. A California registered civil engineer shall propose and design these devices as part of the drainage improvement plans for the project. Basins, traps and all other structural and non - structural NPDES facilities Page 63 of 75 S:ICw=nVDeuekM*rMrery"U1201ftsO ftstPoi*- CONDITONS -i.doc Revised on 01/20015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes shall be maintained by an Assessment District formed prior to the recordation of the first Final Map. Assessment District. Provisions shall be made by the applicant to provide for maintenance in perpetuity. i. Prior to City issuance of the initial grading permit, the applicant shall obtain all necessary NPDES related permits. The grading permits issued for the development shall require applicant to provide schedules and procedures for onsite maintenance of earthmoving and other heavy equipment and documentation of proper disposal of used oil and other lubricants. The onsite maintenance of all equipment that can be performed offsite will not be allowed. j. The project construction plans shall note and incorporate that the contractor shall comply with �-, the "California Storm Water Best Management Practice Handbooks" - Best Management Practices (BMPS) applicable to the development and to the satisfaction of the City Engineer. Said requirements shall include implementation of the following requirements by the Homeowner's Association: i) All onsite storm drain inlets shall be labeled "Don't Dump - Drains to Arroyo ". ii) No outdoor vehicle maintenance shall be allowed. iii) All common area property shall be maintained free of litter and debris. iv) All onsite storm drains shall be cleaned, using approved methods, at least twice a year, once immediately prior to October 1, the rainy season, and once in January. v) All common sidewalks, walkways, and parking areas shall be swept regularly to prevent /I-_ Page 64 of 75 S.,10 mm *Dew kpnmMverA"e31201 WesfpoktWedPoie le.CONDITONS•1.doc Revised w 33120015.23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes the accumulation of litter and debris from entering the storm drain. No cleaning agent may be discharged into a storm drain system. If any cleaning agent or degreaser is used, wash water shall not be discharged to the storm drain but shall be discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review and approval of the Ventura County Waterworks District No. 1. vi) If required by the BMP's, grease interceptors shall be installed in all onsite and offsite storm drain inlets. In the event, such grease traps are required to be installed in any onsite inlet; the Developer shall provide the City with a maintenance program for such devices. The CC &R's shall include a requirement that the Assessment District grease interceptors are maintained in a manner consistent with requirements of the Maintenance Program. D. VENTURA COUNTY FIRE DEPARTMENT CONDITIONS: 1. Prior to the recordation of the Final Map, the applicant shall retain a certified fire management professional to prepare a Fire Hazard Reduction Program; this program shall be prepared in consultation with the County Fire Protection District and shall be approved by the Director of Community Development. The certified fire management professional shall be familiar with the objectives of fuel management in wildland -urban interface. A native plant specialist shall participate in the development of the fuel management program. The program shall apply to all lands within 200 feet of the proposed residences comprising the project (or as amended by the certified fire professional based on fuel �,- Page 65 of 75 S :ICW=rldyDevekpmeMEveryane131201 WesOohfMd Points - CONXMNS -f.doc Revised on 01/20015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes modification factors acceptable to the County Fire Protection District). 2. The vegetation management requirements of the Fire Hazard Reduction Program shall be clearly defined. The proposed West Pointe Homes Homeowners' Association (HOA) shall be responsible for implementing this program in perpetuity. Fuel modification zones are proposed to be retained in as natural a state as safety and fire regulations will permit. The zones will be designed by and planted under the supervision of a landscape architect with expertise in native plant materials and habitat restoration, with the approval of the Director of Community Development, to appear as a transition between the built environment and natural open space. Final approval of this Program by the County Fire Prevention District and Director of Community Development shall be required prior to the recordation of the Final Map. Appropriate language shall be included on the Final Map indicating the boundary of all areas of fuel modification hazard zones. 3. All structures adjacent to open space around the perimeter of the project shall be designed to satisfy at least a one -hour fire - resistant rating. Such structures shall incorporate fire retardant features including boxed -in eaves, reduced overhangs, double paned windows, convection resistant roof design, non- combustible roofing material, and related design features. Building permits shall not be issued until review of fire retarding architectural features has been completed by the County Fire Protection District. Design standards meeting Fire Department criteria shall be included in the Fire Hazard Reduction Program and incorporated into the RPD Design Guidelines for the residential units. 4. If required by the Fire Protection District, Interior fire sprinkler systems and /or roof sprinkler systems Page 66 of 75 !� S1Cmr=nNYDevebp7e 1WVVmre131201 ft*O dlWedPo1nfe- CONDITONS -1.doc ReNsed on,"00015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes shall be included in the homes constructed on Lots 156 to 207 (or any lot adjacent to the unmodified open space west of the project if these lots are renumbered prior to recordation of the Final Map). S. The applicant shall be required to comply with all County Fire Protection District design requirements regarding hydrant locations, fire ratings for building materials, fuel modification requirements, fee payments for pro -rata cumulative impacts and other standard fire safety requirements prior to issuance of building permits. 6. Applicant shall obtain VCFD Form No. 126 "Requirements for Construction" prior to obtaining a building permit for any new structures or additions to existing structures. 7. During all grading and site clearance activities, earth - moving equipment shall be equipped with spark arrestors and at least two fire extinguishers. All equipment used in the vegetation clearance phase shall be equipped with spark arrestors and best available fire safety technology. The vegetation clearance activities shall be coordinated with and approved by the County Fire Protection Division. 8. All equipment and material staging activities shall be coordinated with the County Fire Prevention Division. Fire prone construction activities shall be prohibited during "Santa Ana" wind conditions. 9. If deemed necessary by the District, the project shall include a designated landing area on a selected cul- de -sac for a helicopter together with associated fire suppression equipment storage. Any heliport facilities shall be indicated on the Final Map for the project. 10. Any gates to control vehicle access are to be located to allow a vehicle waiting for entrance to be completely off the public roadway. The method of gate control shall be subject to review by the Bureau of �- Page 67 of 75 SiConm *DeniopmentlEnWe4 ?1201 WeslpoinflWestPokrte - CONDMONS -f.doc Revised on 53120015:23:52 PM a Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes Fire Prevention. A minimum clear open width of 15 feet in each direction shall be provided. If gates are to be locked, a Knox System shall be installed. 11. Prior to recordation of the Final Map or any phase thereof street names, proposed names shall be submitted to the Fire Department Communication Center for review and comment. 12. Street signs consistent with County Road and Fire District Standards shall be installed prior to occupancy. 13. Prior to construction, the applicant shall submit plans to the Ventura County Fire Prevention Division for the approval of the location of fire hydrants; all hydrants shall be shown on the plan that are situated within 500 feet of the perimeter of the residential development. r. 14. A minimum fire flow of 1,000 gallons per minute shall be provided. The location and capacity of all water storage and conveyance facilities shall be reviewed and approved by the District prior to the recordation of the Final Map or any phase thereof and prior to the issuance of building permits. 15. Address numbers, a minimum of 4 inches high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are set back more than 150 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event the structure(s) is not visible from the street, the address number(s) shall be posed adjacent to the driveway entrance. 16. Portions of this development within a designated hazardous fire area shall meet hazardous fire area building code requirements. 17. The applicant shall be required to make a pro -rata fee contribution to the provision of fire protection �—. Page 68 of 75 SACawwnpyDev@kMwAEvegwQ1201 WesfpWWesfPaWe- CONDITONS -1.doc Revised on 53120015:23:52 PM a s Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes services. This fee shall be established prior to certification of the Final EIR and shall be used to fund the construction, operation, or maintenance of fire suppression facilities in the project vicinity. 18. Approved turn around areas for fire apparatus shall be provided where any access road is 150 feet or more from the main project collector. a. Each hydrant shall be a 6 inch wet barrel design, and shall have one (1) 4 inch and one (1) 2 -1/2 inch outlet. b. The required fire flow shall be achieved at no less than 20 psi residual pressure. C. Fire hydrants shall be spaced 500 feet on center, and so located that no structure will be farther than 250 feet from any one hydrant. d. Fire hydrants shall be 24 inch on center, recessed in from the curb face. 19. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the County Water Works Manual. These standards specify: (FD - Map and RPD) 20. All grass or brush exposing any structures to fire hazards shall be cleared for a distance of 100 feet prior to framing. E. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITIONS: 1. Provide Ventura County Waterworks District the following: a. Water and sewer improvement plans in the format required. b. Hydraulic analysis by a registered Civil Engineer to determine the adequacy of the proposed and existing water and sewer lines. Page 69 of 75 S :ICwmuniyDevebpnpnAErerymUI201 WesowMWedPO Into- OONDITONS -1.doc Revised on 53120015:2152 PM z t t i Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes c. Copy of approval of fire hydrant locations by County of Ventura Fire Protection District. d. Copy of Release from Calleguas Municipal Water District. e. Cost estimates for water and sewer improvements. f. Fees: Plan check, construction inspection, capital improvement charge, sewer connection fee and water meter charge. g. Signed Contract to install all improvements and a Surety Bond. F. VENTURA COUNTY FLOOD CONTROL DISTRICT CONDITIONS: 1. No direct storm drain connections to Ventura County Flood Control District facilities will be allowed without appropriate Best Management Practices (BMP's) for compliance with Ventura Countywide Stormwater Program. 2. Cross Connection Control Devices: At the time water service connection is made, cross connection control devices shall be installed on the water system in a manner approved by the County Waterworks District No. 1. G. POLICE DEPARTMENT CONDITIONS: 1. Prior to issuance of building permits for either the residential or recreational components of the project, the Police Department shall review development plans for the incorporation of defensible space concepts to reduce demands on police services. To the degree feasible, public safety planning recommendations shall be incorporated into the project plans. The applicant shall prepare of list of project features and design components that demonstrate responsiveness to defensible space design concepts. Review and approval by the Police Department of all defensible space �— Page 70 of 75 SlCo nm my 0eve1oW= lEvarynneU1201 WesfpWWest Pointe - CONDITONS -1460 Revised on 531/10015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes design features incorporated into the project shall occur prior to initiation of the building plan check process. 2. Enforcement of Vehicle Codes: Prior to Issuance of a Zoning Clearance for Construction, the Developer shall request the City to enforce appropriate vehicle codes on subject property as permitted by Vehicle Code Section 21107.7. H. MOORPARK UNIFIED SCHOOL DISTRICT CONDITIONS: 1. Prior to issuance of building permits for the residential components of the project, all legally mandated school impact fees applicable at the time of Final Map Recordation shall be paid to the Moorpark Unified School District. I. FEES TO BE PAID: 1. Park and Recreational Facilities Fee: Prior to approval of the Final Map, the subdivider shall pay fees in accordance with Section 8297 -4 of the City's Subdivision Ordinance (Parks and Recreation Facilities). 2. Citywide Traffic Mitigation Fee: As a condition of the issuance of a building permit for each residential use within the boundaries of the Tract Map, Developer shall pay City a traffic mitigation fee as described herein ( "Citywide Traffic Fee ") . The Citywide Traffic Fee may be expended by City in its sole and unfettered discretion. On the effective date of recordation of the Final Map, the amount of the Citywide Traffic Fee shall be the per residential unit fee as specified in the Development Agreement with annual increases as may be specified. 3. Development Fee: As a condition of the issuance of a building permit for each residential use within the boundaries of the Vesting Tentative Tract Map, Page 71 of 75 S:ICommonly Devekpme Wvery mU1201 WestpoinflWesf Pohfe- CONDITONS -floc Reeked on 591!10015:2152 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes Developer shall pay City a development fee as described herein (the "Development Fee "). The Development Fee may be expended by City in its sole and unfettered discretion. On the effective date of recordation of the Final Map or the first phase thereof, the amount of the Development Fee shall be the amount as specified per residential unit in the Development Agreement with any specified annual increases. 4. Community Services Fee: As a condition of issuance of a building permit for each residential within the boundaries of the Tract Map to implement the approved Residential Planned Development (RPD) shall pay the City a community services fee as described herein (Community Services Fee) . The Community Services Fee may be expended by City in its sole and unfettered discretion. The amount of the Community Services Fee shall be the per residential unit amount as specified (^ in the Development Agreement with applicable annual increases. 5. Venturian Coastal Sage Scrub Community Research Contribution: Prior to approval of the final map, the applicant shall pay to the City a contribution as specified in the Development Agreement and participate in the Venturian Coastal Sage Scrub Community Research Program initiated as a Mitigation Measure for the Moorpark Country Club Estates Project. 6. Fish and Game Fee Requirement - Within two (2) days after the City Council adoption of a resolution approving this project, the applicant shall submit to the City of Moorpark a check for a single fee of $875.00 plus a $25.00 filing fee payable to the County of Ventura, to comply with Assembly Bill 3158, for the management and protection of Statewide Fish and Wildlife Trust Resources. Pursuant to Public Resources Code Section 21089; and Fish and Game Code Section /^ Page 72 of 75 f S: ICom=* L) erekiPmonOEW" WU1201 "SO04Wo&Pokrki- CONDITONS -I &C ReyWd on 53120015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes 711.4; the project is not operative, vested or final until the filing fees are paid. 7. Miscellaneous Fees: Applicant shall pay to the City capital improvement, development, and processing fees at the rate and amount in effect at the time the fee is required to be paid. Said fees shall include but not be limited to Library Facilities Fees, Police Facilities Fees, Fire Facilities Fees, entitlement processing fees, and plan check and permit fees for buildings and public improvements. Further, unless specifically exempted by City Council applicant is subject to all fees imposed by City as of the issuance of the first permit for construction and such future fees imposed as determined by City in its sole discretion so long as said fee is imposed on similarly situated properties. 8. Contribution for Endangered Wildlife Species Breeding: Prior to issuance of Zoning Clearance for the first residential unit, the applicant shall contribute up to $30,000 for funding endangered wildlife species breeding, predator trapping, or other support programs in the Open Space Easement area as required by the US Fish and Wildlife Service. This contribution shall be coordinated with the U.S. Fish and Wildlife Service and be made to an appropriate private conservation institution upon approval of the Fish and Wildlife Service. Evidence of contribution approved by the Service shall be presented to the City prior to the issuance of building permits. 9. Species Research Contribution: Prior to the issuance of a Zoning Clearance for Construction, the applicant contribute $15,000 towards the City's sensitive species research program (established as a component of the mitigation plan for the Moorpark Country Club Estates project). 10. Traffic System Management Plan: Prior to the issuance of a Zoning Clearance for construction, the permittee Page 73 of 75 S:ICommenity 0ewkpm&MEvery"UI201 Wesook Muted P&b- CONDITONS -i.doc Revised on 53120015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes shall make a contribution to Systems Management Fund (TSM) to clean -fuel vehicles programs a City. The amount of the TSM f residential unit amount as Development Agreement with increases. the Moorpark fund TSM Prc s determined ee shall be specified applicable Traffic igrams or by the the per in the annual 11. Prior to issuance of a building permit, the Developer shall pay to the City the Area of Contribution (AOC) Fees (Los Angeles Avenue AOC - and Gabbert Road /Casey Road AOC) . The amount of the AOC fees shall be the perresidential unit amount as specified in the Development Agreement with applicable annual increases 12. The applicant shall contribute to any cumulative traffic fee program adopted by the City prior to issuance of the first residential building permit for the project. At this time, relevant fee programs exist only for the Los Angeles Avenue Area of Contribution (AOC) . Fees shall be paid in accordance with AOC procedures in effect at the time of building permit issuance. In addition to the AOC fee (which only addresses improvements along the Los Angeles Avenue Corridor), the developer shall be required to make similar pro -rata contributions to any other traffic mitigation related pre- construction impact fees approved by the City Council to offset the long term effects on the City's street system. If the residential portion of the project is constructed prior to any such additional mitigation fee programs being adopted, for impacts to intersections outside of the Los Angeles Avenue Area of Contribution, a proportionate share of future improvement costs shall be collected for locations where project traffic has a measurable effect on cumulative traffic volumes. The City Traffic Engineer and Community Development Department Director shall determine the required contributions prior to issuance of building permits. Page 74 of 75 S:IComrm dy DeoebWWRIEMONU1201 WeSOWWeat PoMk • CONDITONS -140c Revised on S3V20015:2152 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe homes Fees shall be paid prior to the issuance of these permits. 13. The Developer shall pay all energy costs associated with public street lighting for a period of one year from the acceptance of the street improvements. J. MISCELLANEOUS CONDITION: 1. All water impoundment(s) shall be maintained in a manner which will not create mosquito- breeding sources. K. BUILDING DEPARTMENT CONDITIONS: 1. Prior to submittal of building plans, Applicant shall provide an acoustical study report that the City of Moorpark outlines a program for implementation of the Noise Element Standard of 65 CNEL (Community Noise Equivalent Level) is attained at all locations within the development. The City also requires that interior noise levels attributable to exterior noise sources not exceed 45 CNEL. The intent of the interior ,noise level criterion is to provide an acceptable noise level for communication and sleep. 2. The final grading plan shall meet all standards of the Uniform Building Code (UBC) and City slope setback criteria as may be required. 3. Spark Arrestor: An approved spark arrestor shall be installed on the chimney of any structure(s). Page 75 of 75 S:ICommundy D8WtPMfflMveganeU1201 WeslpWWesl P*te- CONDMNS -i.doc ReAW on 531120015:2152 PM re a n M