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HomeMy WebLinkAboutRES 2001 410 0723RESOLUTION NO. PC- 2001 -410 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL APPROVAL OF VESTING TENTATIVE TRACT MAP NO. 5130 AND RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 98 -02 FOR THE SUBDIVISION OF APPROXIMATELY SEVENTY (70) ACRES OF LAND ON ASSESSOR PARCEL NOS. 512 -0 -010 -010, -025, - 055, -065, 512 -0- 020 -020, -030, 512 -0- 030 -010, -025, 512 -0- 040 -035, -045, -70, -130, -145, -240, 512- 0 -050- 140, -350, AND 512 -0- 160 -155 INTO 107 SINGLE FAMILY RESIDENTIAL LOTS LOCATED ALONG THE EAST SIDE OF WALNUT CANYON ROAD (SR 23), NORTH OF CASEY ROAD AND WICKS ROAD SOUTH OF THE VENTURA COUNTY WATERWORKS PROPERTY ON THE APPLICATION OF SUNCAL PROPERTIES, FOR MOORPARK 150, LLC WHEREAS, at a duly noticed Public Hearing on March 26, May 14, June 25, July 9 and July 23, 2001, the Planning Commission considered Vesting Tentative Tract Map No. 5130 and Residential Planned Development Permit No. 98 -02 on the application of SunCal Properties for the subdivision of approximately seventy (70) acres of land for Moorpark 150, LLC into one hundred seven (107) single family residential lots and 107 single family units located along the east side of Walnut Canyon Road (SR 123), north of Casey Road and Wicks -. Road and south of Ventura Waterworks District No. 1 property (Assessor Parcel Nos. 512 -0- 010 -010, -025, -055, -065, 512 -0- 020 -020, -030, 512- 0- 030 -010, -025, 512 -0- 040 -035, -045, -70, -130, -145, -240, 512 -0- 050 -140, -350, AND 512 -0- 160 -155); and WHEREAS, at its meeting of March 26, May 14, June 25, July 9 and July 23, 2001, the Planning Commission conducted public hearings and received public testimony, and continued this item hearing open each succeeding meeting and on July 23, 2001, after receiving public testimony, the Planning Commission closed the public hearing. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission does hereby find that Vesting Tentative Tract Map No. 5130 and Residential Planned Development Permit No. 98 -02 are consistent with the City's General Plan. SECTION 2. The Planning Commission further finds that Vesting Tentative Tract 5130 and Residential Planned Development Permit No. 98- 02 are consistent with Mitigated Negative Declaration prepared for the projects. SECTION 3. That the Planning Commission adopts the following additional findings: S: \Community Development \Everyone \PC FINAL RESO \Pc 410 rpd vttm suncal - format corrected.doc Modified: 12/12/01 W RESOLUTION NO. PC- 2001 -410 VTT 5130, RPD No. 98 -02 Page 2 C.E.Q.A. Findings 1. That the Mitigated Negative Declaration (SCH #200 - 102 - 1055), prepared for GPA 98 -01, ZC 98 -01, RPD 98 -02 and VTT 5130 and a Development Agreement serves as the environmental document for the Vesting Tentative Tract Map and Residential Planned Development Permit. 2. In order to reduce the potential adverse impacts of this project, mitigation measures discussed in the Mitigated Negative Declaration have been incorporated and shall apply to Vesting Tentative Tract Map No. 5130 and Residential Planned Development Permit No. 98 -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. 5130 and Residential Planned Development Permit No. 98 -02. Subdivision Map Act Findings: Based on the information set forth above, it has been determined that Vesting Tentative Tract Map No. 5130, 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 and Zoning Ordinance. 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. S: \Community Development \Everyone \PC FINAL RESO \PC 410 rpd vttm suncal -fox t corrected.doc Modified: 12/12/01 RESOLUTION NO. PC- 2001 -410 VTT 5130, RPD No. 98 -02 Page 3 7. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision. 8. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seq. 9. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir. Residential Planned Development Permit Findings: 1. The proposed project is consistent with the intent and provisions of the City's General Plan and Zoning Ordinance. 2. The proposed project is compatible with the character of surrounding development. 3. The proposed project would not be obnoxious or harmful, or impair the utility of neighboring property or uses. 4. The proposed project would not be detrimental to the public interest, health, safety, convenience, or welfare. 5. The proposed project is compatible with existing and planned land uses in the general area where the development is to be located. 6. The proposed project is compatible with the scale, visual character and design of the surrounding properties, designed so as to enhance the physical and visual quality of the community, and the structure(s) have design features which provide visual relief and separation between land uses of conflicting character. 7. The proposed project as modified to include single story structures and earthen berms along the southerly significant ridgeline is consistent with provisions of the Hillside Management Ordinance. Additionally, because of the limited amount of developable property available on this site when Provisions of the Hillside Management Ordinance are implemented, and because a Development Agreement has been applied for, the westerly significant ridgeline qualifies for an exemption from the provisions of the Hillside Management Ordinance. S: \Community Development \Everyone \PC FINAL RESO \PC 410 rpd vttm B=cal - format corrected.doc Modified: 12/13/01 RESOLUTION NO. PC- 2001 -410 VTT 5130, RPD No. 98 -02 Page 4 SECTION 4. That the Planning Commission recommends to the City Council approval of Vesting Tentative Tract Map No. 5130 and Residential Planned Development Permit No. 98 -02 subject to the attached Conditions of Approval and recommends approval of Vesting Tentative Tract Map No. 5130. SECTION 5. That the approval of Vesting Tentative Map No. 5130 and Residential Planned Development Permit No. 98 -02 is contingent upon final approval by the City Council of General Plan Amendment No. 98 -01 and Zone Change No. 98 -01. The action of the foregoing direction was approved by the following roll call vote: AYES: Commissioners Haller and Landis, Vice Chair Otto and Chair Parvin. NOES: ABSTAIN: ABSENT: Commissioner DiCecco PASSED AND ADOPTED THIS 23RD DAY OF JULY 2001. ?4"L „ a ice Parvin, Chair ATTEST: 0.e� S'T,,,�,Pp Deborah S. Traffenetedt Acting Community Development Director ATTACHMENT A: Conditions of Approval for Vesting Tract Map No. 5130 and Residential Planned Development Permit No. 98 -02. S: \Community Development \Everyone \PC FINAL RESO \Pc 410 rpd vttm 9=cal - format corrected.doc Modified: 12/12/01 RESOLUTION NO. PC 2001 -410 EXHIBIT A CITY OF MOORPARK PLANNING COMMISSION Conditions of Approval For Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 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 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 Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 2 employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the subdivision, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The City will promptly notify the subdivider of any such claim, action or proceeding, and, if the City should fail to do so or should fail to cooperate fully in the defense, the subdivider shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. 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 S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 3 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 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" - Vistas at Moorpark Architectural Guidelines, dated July 9, 2001, 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 (3) years after this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his discretion, grant up to two (2) 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 2 -year period and the applicant has concurrently requested a time extension to the Tentative Tract Map. The request for extension of this entitlement shall be made at least thirty (30) days prior to the expiration date of the permit. 10. Other Regulations: The design, maintenance, and �— operation of the permit area and facilities thereon S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 4 shall comply with all applicable regulations of the applicable zone and all requirements and enactments of Federal, State, County, and City authorities, and all such requirements and enactments shall, by reference, become conditions of this permit. 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 r 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 for this project partially within the Redevelopment Project area 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 up to fifteen (15 %) percent of 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 S: \Cosmunity Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 5 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 the City for Condition Compliance review of the Residential Planned Development and Tentative Tract Map. 16. Mitigation Monitoring Program - All Mitigation Measures, as specified in the adopted Mitigated Negative Declaration Mitigation Monitoring Program, not specified as separate and /or individual conditions of approval in these conditions of approval, are hereby incorporated by reference and are required to be complied with for development of this project. These mitigation requirements shall be completed within the required timeframe, as specified in the "Verification and Frequency" section of the Mitigation Monitoring Program, unless otherwise modified by the Director of Community Development. B. COlrflr[UNITY DEVELOPMENT DEPARTMENT CONDITIONS: 1. One or more Homeowners Association shall be established for neighborhoods comprising this Vesting Tentative Tract Map and Residential Planned Development (RPD). 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. A Maintenance Assessment District may be established for open space and landscape maintenance or drainage maintenance purposes, as determined by the City. 2. All natural open space areas, as shown on the Tentative Tract 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. S: \Comunity Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 6 3. Covenants, Conditions and Restrictions (CC &R's) and Landscaping Easement Requirements: CC &R's and by -laws establishing one or more Homeowners Association 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 Tract Map, Residential Planned Development (RPD) , and Development Agreement 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 Association 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 Association 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 Ventura County Fire Department, Fuel Modification Plan Zones are proposed to be retained in S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 7 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. 6. 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. 7. The CC &R's shall contain provisions prohibiting home owners from allowing 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. 8. 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. 9. The CC &R's shall include language restricting front and rear yard lighting to be consistent with the city's Lighting Ordinance. S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 8 10. The CC &R's shall include language that any modifications to structures shall be designed in accordance with the approved Residential Planned Development Design Guidelines for RPD 98 -02. 11. 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. 12. The CC &R's shall include language requiring the Homeowners Association or a Maintenance Assessment District, if required, to be formed to be responsible for the maintenance of drainage facilities, including all National Pollutant Discharge Elimination System (NPDES) requirements, unless such structures or facilities are accepted into the master flood protection system by the Ventura County Flood Control District. 13. The CC &R's shall include language prohibiting use of roofing material made of wood or asphalt shingles and requiring tile roofs, as determined by the City, as roofing materials for all structures. 14. 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. 15. The CC &R's shall require the Homeowners 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. 16. The CC &R's shall contain language requiring that all property areas be maintained free of litter /debris. 17. The CC &R's shall contain language requiring that all on -site storm drains be cleared at least twice a year, /1 once immediately prior to October 15 (the rainy season) S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc (- Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 9 and once in January. Additional cleaning may be required by the City Engineer. 18. The CC &R's shall contain language requiring that private roads and parking areas be maintained free of litter /debris. Sidewalks and parking areas 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. 19. 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 prevent corrosion and release of metal contaminants into the storm drain system. 20. 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. 21. 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 Homeowners Association fail to maintain the Common Maintenance Areas, or any portion thereof, in a satisfactory manner, the Common Maintenance areas or portion thereof, shall be placed in an Assessment District, at the City's sole discretion, to assume maintenance of the landscaped areas in the event the S: \Conmtunity Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 10 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 Maintenance Assessment District and the maintenance provided by the Maintenance 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 Tract Map. The applicant shall record a covenant to inform the purchaser of all r 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 Residential Planned Development Design Guidelines for RPD 98 -02. 22. Prior to Homeowners Association, Maintenance Assessment Districts, 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. 23. 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. 24. 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 S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Development No July 23, 2001 Page 11 Approval for Tract No. 5130 and Residential Planned . 98 -02 the amount of refuse generated by construction of the proposed project, shall be developed in consultation with the Ventura County Solid Waste Management District and the City of Moorpark, to meet waste reduction requirements established by the California Integrated Waste Management Act of 1989. 25. 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. At a minimum, all property line walls shall be constructed of decorative integral color masonry products with integral color matching grout as determined 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 the property line wall with existing fences and or walls on adjacent residential properties. The developer is required at his /her sole expense to connect or reconstruct adjacent residential walls and or fences to the project perimeter wall, utilizing the same type of material that comprises existing walls and or fences, that are to be connected to the project perimeter wall. 26. 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. S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc f, Conditions of Development No July 23, 2001 Page 12 i Approval for Tract No. 5130 and Residential Planned . 98 -02 27. 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. 28. Street Intersection Treatments: Any special street intersection treatments shall be approved by the City Engineer and the Director of Community Development. 29. 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, together with the deposit required for plan review in effect at the time of submittal. 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. 30. Submittal of Landscape Plans: Prior to issuance of a Zoning Clearance for construction or grading of the 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. S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 13 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. All plant material shall conform to the current issue of the American Standard for Nursery Stock published by the American Association of Nurserymen. C. 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. d. Prior to final inspection by the City of Moorpark, the applicant shall provide a written certification for the operation of the backflow device. e. All backflow preventers, transformers, and other above -grade utilities shall be appropriately screened with walls and /or plantings. f. The planting and irrigation design shall comply with the State of California Model Water Efficient Landscape Ordinance. g. 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. h. The landscape plan shall include planting and irrigation specifications for manufactured slopes S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 14 over three (3) feet in height, any front yard landscaping for residences that may be required by the approval of a Residential Planned Development 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. i. 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 natural open space 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. j. A minimum of 107 additional trees, not less that fifteen (15) gallons, six (6') feet tall when planted with a one (1 ") inch caliper, shall be planted in the natural open space area, 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. This requirement is in addition to any trees required for graded areas through submittal and approval of a landscape plan and is not intended to substitute for trees required under provisions of the Tree Ordinance. k. Plants listed in Table 4 -2 of the Environmental Impact Report shall not be planted within the common landscaped areas. 1. The entrances to the proposed project shall be designed to provide monumentation, appropriate landscaping and signage to identify a gated, residential community. An orderly and consistent tree planting program shall be established for both points of access to provide a landscaping pattern consistent with the project design theme. S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 15 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. M. The southeastern portion of the project shall be designed to provide a substantial restoration of riparian landscape features within the Walnut Canyon drainage situated between Walnut Canyon Road and the project.. The drainage /detention facility slopes within both the public and private debris /detention facilities within the development shall be landscaped with native riparian woodland plants (such as valley oak, live oak, sycamore, poplar, and willow). Similar landscaping shall be rr1 provided in the central drainage, located central to the project. 31. 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 reasonable sample of available material. The interpretation of reasonableness shall rest with the Director of Community Development. 32. Habitat Enhancement Plan: Prior to issuance of the 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 S: \Conmtunity Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc F Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 16 modification zones. The purpose of this plan shall be to increase the biological carrying capacity of these areas. 33. Field Survey: No earlier than forty -five (45) days and no sooner than twenty (20) days prior to construction or grading /site preparation activities that would occur during the nesting /breeding season of native bird species potentially nesting on the site (typically February through August), 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 near active nest areas to ensure that no inadvertent impacts on these nests will occur. 34. 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 are subject to the review and approval of the Director S: \Comunity Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 17 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. 35. Habitat Restoration Plan: Prior to issuance of a Zoning Clearance for a grading permit, a proposed habitat restoration plan shall be developed to ensure compensation for the loss of native habitats that will occur as a result of project development. The habitat restoration plan shall emphasize the selective use of purple needle grass (Stipa pulchra) and other native grasses in the landscape plan for the property and include (subject to approval of the fire department), the use of native plants common to Venturian Coastal Sage Scrub (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.). 36. Preservation of oak trees: Prior to grading, any native oak trees which will be impacted by the project shall be preserved on the site and shall be protected from any adjacent grading or construction operations. The measures that shall be taken to protect this oak tree and the other remaining protected trees on the site, are provided in the Biological Resources Mitigation Plan, outlined in the Project Description of the Environmental Impact Report (EIR) (Chapter 4). Verification of completion of this requirement is subject to the review and approval of the Director of Community Development. 37. Conservation Easement: Prior to approval of the Final Map and issuance of a Zoning Clearance for grading permit, the proposed open space areas shall be identified by an Easement /Conservation Dedication and shall be secured by, at a minimum: (1) an irrevocable conservation easement, and (2) by a deed restriction. A separate parcel shall be created for transfer of the dedicated Open Space to conservation status. Although S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 18 the parcel shall be deed restricted to prevent any future development, a reserved right for the development of a minimal trail system shall be established. The subject parcels are not required to be designated as permanent Open Space on the City's General Plan Land Use Map. No excavation, drilling, extraction, pumping (excluding such pumping as may be needed for de- watering as part of approved grading operations), mining, or similar activity shall be allowed in any portion of the property zoned Open Space. The limitations and exclusions described in this condition shall be included in the conservation easement. The conservation easement shall be shown on and irrevocably offered for dedication on the first Final Map for the subdivision and shall be in a form acceptable to the City and consistent with Civil Code Section 815 et seq. 38. A deed restriction shall be recorded in favor of the City to irrevocably limit the height of all residential units adjacent to Walnut Canyon Road, Wicks Road and the eastern boundary to one (1) story in height as defined by the Vistas at Moorpark Design Guidelines, dated July 9, 2001. 39. 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 Vistas at Moorpark Architectural Guidelines, dated July 9, 2001, Exhibit "A" and on file with the Community Development Department, shall apply to residential structures and accessory buildings submitted for Zoning Clearance and Building Permit issuance in Vesting Tentative Tract Map No. 5130 in the City of Moorpark. 40. 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 S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc F-' Conditions of Development No July 23, 2001 Page 19 Approval for Tract No. 5130 and Residential Planned . 98 -02 for this proposed equipment, including necessary safety clear areas around its perimeter, is a minimum of 27' x 28' or 756 square feet in size. The play equipment shall be of a quality equal to, or better than, that manufactured by Miracle Equipment Company to be used in public park facilities. The playground surface shall consist of, "five (5 ") inches of soft fall" wood chips, or an equal product contained within a ground level cement berm. 41. The following changes to the Vistas at Moorpark Design Guidelines, dated July 9, 2001, shall be incorporated by the applicant and new copies of the guidelines submitted to the 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 fifteen (151) feet of an opening window at ground floor level of the adjacent structure and shall not reduce the required sideyards to less than ten (10') 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 S: \Comunity Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 20 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. A minimum of six (6) architectural styles shall be included in the tract with no more than twenty (20 %) percent of the dwellings represented by one of the architectural styles and no sub -style comprising more than forty (40 %) percent of the maximum number of dwellings allowed for the primary architectural style. f. A minimum of three (3) sub - styles shall be included in the architectural styles. g. Side -by -side dwellings may not have the same architectural style. h. The roof design for all structures as viewed from any street (including State Route 23) shall be varied unit by unit which may be accomplished through the use of at least one (1) 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 offsetting the roof plane or walls of the building either horizontally or vertically by a minimum of four (41) feet. i. Not more than twenty (20 %) percent of the units on any block face shall have the same architectural plan and elevation. j. Accessory buildings over 120 square feet in area or which require a building permit may be located only in rear yard areas and must be of an architectural style and color and constructed of materials consistent with the main structure. k. Garden walls and fencing to a maximum height of thirty -six (36 ") inches may be placed in front yard setback areas provided that they are S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc A" Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 21 architecturally consistent with the main building as approved by the Director of Community Development. 1. All property line walls or fences shall be constructed of masonry, stone or concrete products and be in earth tone colors, except for interior view lots where wrought iron and masonry or stone pilasters may be used as determined and approved by the Director of Community Development. M. All walls at the side yard return (side property line to main building) or on a corner lot that are visible from any street, shall be constructed of masonry, stone or concrete products, or wrought iron and shall be architecturally consistent with the main building to the satisfaction of the Director of Community Development. n. Garages shall maintain a clear unobstructed dimension of twenty (20') feet in length and ten (10') feet in width for each parking stall provided with a minimum of two (2) garage - parking stalls required for each dwelling unit. o. Both primary neighborhood entries shall be of a gated design, the design of which is subject to review and approval by 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 Permit. Vehicle turnaround and escape lanes shall be provided as determined by the Director of Community Development and the City Engineer. P. 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. S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 22 q. 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. 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. r. At a minimum, forty (40 %) percent of all residential units shall be of a single -story design with a ridgeline height not greater than eighteen (181) feet. S. All residential units around the periphery of the project, adjacent to Walnut Canyon Road, Wicks Road and the eastern boundary of this project shall be single -story in design. t. Accessory buildings may not have a height (measured at highest point of structure) greater than twelve (12') feet. 42. Hot water solar panel stub -outs shall be provided. A minimum one - thousand (1000) square foot club house 501x30', swimming pool at a minimum of two (2) regulation sized, and tennis courts and the central Open Space area must be in and capable of home owner S: \Co[mnunity Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc I,— Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 23 use prior to or concurrently with the final inspection of the first residential structure. 43. The architectural styles depicted in the Suncal architectural booklet including: elements sub - style, form roof, materials & element, titled Vistas at Moorpark Design Guidelines, dated July 9, 2001, 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. 44. Gated private street entrances shall provide a seventy - five (75') foot right -of -way with two (2) entry lanes into the project and a turn - around area for vehicles denied entry. The entry area and gates shall be designed to reflect a common community architectural theme which is carried through to the public entrance and the recreation building. 45. The entry area on "A" Street and Walnut Canyon Road shall include a bus turnaround area with a bus shelter. 46. 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 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. 47. 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. 48. Phasing: Construction phasing shall be approved by the Director of Community Development. The Director shall S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 24 avoid, to the extent possible, any impacts to existing residential areas from construction traffic. 49. 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 ENGINEER CONDITIONS: 1. Prior to recordation, the Developer shall provide to the City an image conversion of plans (as determined buy the Department of Community Development) into an optical format acceptable to the City Clerk. 2. The Developer 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. 3. Prior to approval of the final Vesting Tentative Map, the proposed infrastructure plan for the project shall be designed to place all required water and sewer in Walnut Canyon. The applicant shall obtain all necessary right -of -way and easements to install the required infrastructure in this alignment. The City may assist with the acquisition of such easements. 4. 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. S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 25 5. The Developer shall indicate in writing to the City the disposition of any wells that may exist within the project. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed or abandoned per Ventura County Ordinance No. 2372 or Ordinance No. 3991 and per Division of Oil and Gas requirements. Permits for any well reuse (if applicable) shall conform to Reuse Permit procedures administered by the County Water Resources Development Department. 6. 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. 7. All existing and proposed utilities shall be under �- grounded as approved by the City Engineer. 8. 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. 9. Any mapping that requires review and approval by the County of Ventura shall be concurrently submitted to the City Engineer for review and approval. Developer shall be responsible for all associated fees and review costs. 10. Prior to improvement plan approval, the applicant shall submit plans to the Ventura County Fire Prevention Division and obtain the approval of the location of fire hydrants. 11. This project shall not create any non - conforming lots in violation of the Map Act or local ordinances. The Developer shall provide all easements and rights -of -way granted to the City free and clear of all liens and encumbrances. S: \CO=Unity Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 26 12. If any of the improvements which the applicant is required to construct or install is to be constructed or installed upon land in which the applicant does not have title or interest sufficient for such purposes, the applicant shall do all of the following at least sixty (60) days prior to the 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: (1) a legal description of the interest to be acquired; (2) a map or diagram r^ of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of Section 1250.310 of the Code of Civil procedure; (3) 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 (4) 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. 13. Prior to issuance of a zoning clearance for a building permit, the following conditions shall be satisfied: a. Prior to issuance of a building permit, all habitable structures shall be designed to current Uniform Building Code (UBC) requirements or the City approved geotechnical report requirements for S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 27 the project, whichever standard is most restrictive. b. The Developer shall provide revised Drainage Atlas Sheets showing all drainage improvements provided by the development. The form, content and format of the Atlas shall be prepared to the satisfaction of the City Engineer. 14. Prior to issuance of the first certificate of occupancy, construction of Walnut Canyon Road, Wicks Road, North Hills Parkway and the Spring Road connection from High Street improvements shall be completed to the satisfaction of the City Engineer. Improvement of one -half (1/2) of North Hills Parkway, including two (2) lanes of travel, escape /bicycle lanes, curb, gutter, sidewalk drainage, median and parkway landscaping, along the full property frontage shall also be required or bonded for as determined by the City Council. These improvements shall also be extended to connect this property to the extension of Spring Road. 15. Prior to acceptance of public improvements and bond reduction and /or exoneration, the following conditions 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 ten (10 %) percent shall remain in place for one (1) year following acceptance by the City for warranty and maintenance. C. Original "as built" plans will be certified by the Developer's Registered Civil Engineer and submitted with two (2) sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 36 ", they S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 28 must be resubmitted as "record drawings" in a series of 22" X 36" mylars (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. Electronic files will be submitted for all improvement plans in a format to the satisfaction of the City Engineer. In addition, Developer will provide an electronic file update on the City's Master Base Map electronic file, incorporating all storm drainage, water and sewer mains, lines and appurtenances and any other utility facility available for this project. 16. 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: i) 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). The findings and recommendations of the geotechnical assessment shall be incorporated into the S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc f, Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 29 final design for both the residential and nonresidential components of the project. ii) 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. iii) 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. iv) The developer shall cause an engineering geologist to study all unanticipated faults exposed during grading to detect any evidence of possible recent activity. All active fault lines will be clearly shown on the grading plan and final map. No structure shall be placed within fifty (501) feet of any fault ,e trace. S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 30 V) All habitable structures shall be designed to accommodate structural impacts from 0.12g- ground acceleration or other standard factor of safety deemed applicable to this project. The standards shall be prepared to the satisfaction of the City Engineer. vi) 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. vii) 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 the 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. As part of the adherence to the Hillside Management Ordinance, an earthen berm a minimum of six (6') feet in height above the finish floor elevation of all residential units, located adjacent to Wicks Road and at the end of the cul -de -sac road at the east project boundary shall be included in the grading plan. This S: \CO=Unity Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc r- Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 31 required berm shall be landscaped and encompass all lots affected by the ridgeline designation as determined by the Director of Community Development to be consistent with the intent of the Hillside Management Ordinance. viii) The Developer shall submit to the City Engineer for review and approval, detailed Geotechnical Engineering Reports certified by a California Registered Civil Engineer. The Geotechnical Engineering Report shall include an investigation with regard to liquefaction, expansive soils, and seismic safety. Also, the report shall discuss the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. Should additional geotechnical studies be generated or required as a result of the geotechnical investigation, additional plan check fees will be required. ix) 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. X) 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). S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc fr Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 32 17. General grading requirements: a. ROC, NOx and dust during construction grading will be suppressed by the following activities: i) The fuel injection of all diesel engines used in construction equipment should be retarded two (2) degrees from the manufacturer's recommendation. ii) All diesel engines used in construction equipment should use high - pressure injectors. iii) All diesel engines used in construction equipment should use reformulated diesel fuel. iv) Construction grading shall be discontinued on days forecasted for first stage ozone alerts (concentration of 0.20 ppm) as indicated at the Ventura County Air Pollution Control District (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 fifteen 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. S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A COnditionS.dOC r, Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 33 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. b. 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 Best Management Practice (BMP) Supervisor shall be onsite during all construction 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, jute blankets, 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 F.^ season. S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc P, Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 34 vii) Install sediment traps or basins. viii)Maintain and monitor erosion /sediment controls. C. To minimize the water quality effects of permanent erosion sources, the following design features shall be incorporated into the project - grading plan to the satisfaction of the City Engineer. The City Engineer shall review and approve the grading plan to verify compliance with Best Management Practices features including, but not limited to the following: i) Drainage swales, subsurface drains, slope drains, storm drain inlet /outlet protection, and sediment traps. ii) Check dams to reduce flow velocities. iii) Permanent desilting basins. iv) Permanent vegetation, including grass -lined swales. V) Design of drainage courses and storm drain outlets to reduce scour. d. Prior to issuance of the initial grading permit, the developer shall prepare an Erosion and Sediment Control Plan to address construction impacts and long -term operational effects on downstream environments and watersheds. A 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 limited to) provisions for the use of vegetative filtering enhanced by creek bed reconstruction, preparation of detailed erosion control plans, appropriate use S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 35 of temporary debris basins, silt fences, sediment traps and other erosion control practices. The proposed plan shall also address all relevant National Pollutant Discharge Elimination System (NPDES) requirements and recommendations for the use of best available technology. The erosion control plan shall be reviewed and approved by the Director of Community Development and City Engineer prior to issuance of grading permits for mass grading. Sediment yields in the watersheds within the project boundary shall be computed for pre - development and post - development conditions in accord with methods outlined in Erosion and Sediment Yields in the Transverse Ranges, Southern California (United States Geological Survey, 1978). These estimates of sediment yield shall be completed prior to initiating final design of the debris /detention basin facilities situated in the downstream portion of the project. e. 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. f. The following mitigation measures shall be implemented during all construction activities throughout build out of the project to minimize S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Development No July 23, 2001 Page 36 Approval for Tract No. 5130 and Residential Planned . 98 -02 the impacts of project- related noise in the vicinity of the proposed project site: i) Construction activities shall be limited to between the following hours: a) 7:00 a.m. to 6:00 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 be City receive complaints from adjacent property owners. No construction work is to be done on Sundays and City observed holidays pursuant to Section 15.26.010 of the Municipal Code. ii) Truck noise from hauling operations shall be minimizes 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. iii) The Developer shall ensure that construction equipment is fitted with modern sound - reduction equipment. iv) Stationary noise sources that exceed 70 dBA of continuous noise generation (at fifty feet) shall be shielded with temporary barriers if existing residences are within 350 feet of the noise source. V) 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. vi) Property owners and residents located within 600 feet of the project site, shall be S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 37 notified in writing on a monthly basis of construction schedules involving major grading, including when clearing and grading is to begin. The project developer shall notify adjacent residents and property owners by Certified Mail- Return Receipt Requested of the starting date for removal of vegetation and commencement of site grading. The content of this required communication shall be approved by the City Engineer in advance of its mailing and the return receipts, evidencing United States mail delivery, shall be provided to the Engineering Department. vii) A construction effects mitigation program shall be prepared and submitted to the City after completion and occupancy of the first phase of project build out. This program �-. shall protect, to the degree feasible, new residents from the impacts of sustained construction. g. 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 building units and to the area under construction. h. The slope grading and remediation areas particularly along the western project boundary along Walnut Canyon Road shall reflect contour grading to diminish the visual effects of slope modifications. i. 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 f" to complete public improvements and shall post S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 38 sufficient surety guaranteeing the construction of all improvements. j. The final grading plan shall meet all Uniform Building Code (UBC) and City of Moorpark standards including slope setback requirements at lot lines, streets and adjacent to offsite lots. k. Concurrent with submittal of the rough grading plan a sediment and erosion control plan shall be submitted to the City for review and approval by the City Engineer. The design shall include measures for irrigation and hydro seeding on all graded areas within thirty (30) days of completion of grading unless otherwise approved by the City Engineer. Reclaimed water shall be used for dust control during grading, if available within one (1) mile of Ventura County Waterworks District No. r 1 facility on Walnut Canyon Road. 1. This project is projected to balance cut and fill onsite. Unanticipated off -site import /export operations requiring an excess of 1,000 total truck loads 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 -1794. 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. M. All requests for staged grading shall be submitted in writing to the City Engineer for review and approval by the City Council. n. 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 S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 39 construction activity. These measures will apply to a temporary or permanent grading activity that remains or is anticipated to remain unfinished or undisturbed in its altered condition for a period of time greater than thirty (30) days except that during the rainy season these measures will be implemented immediately. o. 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. P. All graded slopes shall be planted in a timely �- manner with groundcover, trees and shrubs that will stabilize slopes and minimize erosion. The planting will be to the satisfaction of the Director of Community Development and the City Engineer. q. So as to reduce debris from entering sidewalk and streets, the approved grading plan shall show a slough wall, approximately eighteen (18 ") inches high, with curb outlet drainage to be constructed behind the back of the sidewalk where slopes exceeding four (41) 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. r. Grading may occur during the rainy season from October 15th to April 15th subject to approval by the City Engineer and timely 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 S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 40 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. S. Prior to any work being conducted within any State, County, or City right of way, the Developer shall obtain all necessary encroachment permits from the appropriate Agencies. Copies of these approved permits will be provided to the City Engineer. t. The developer shall minimize disturbance of all natural groundcover on the project site until such activity is required for grading and construction purposes. 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 (2) times daily, preferably in the late morning and after the completion of work for the day. Additional watering for dust control shall occur as directed by the City. The grading plan shall indicate the number of water trucks that will be available for dust control at each phase of grading. ii) Cease all clearing, grading, earth moving, or excavation operations during periods of 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. iii) Water or securely cover all material transported off -site and on -site to prevent excessive amounts of dust. S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 41 iv) Keep all grading and construction equipment on or near the site, until these activities are completed. 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. V. After clearing, grading, earth moving, or excavation operations, and during construction activities, fugitive dust emissions should be controlled using the following procedures: r i) Apply non - hazardous chemical stabilizers to all inactive portions of the construction site. When appropriate, seed exposed surfaces with a fast growing, soil binding plant to reduce wind erosion and its contribution to local particulate :Levels. ii) Periodically, or as directed by the City Engineer, sweep public streets in the vicinity of the site to remove silt (i.e., fine earth material transported from the site by wind, vehicular activities, water runoff, etc.), which may have accumulated from construction activities. W. 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. X. If any hazardous waste is encountered during the r- construction of this project, all work shall be S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 42 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. Y. The Developer shall utilize all prudent and reasonable measures (including installation of a six (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. Z. Backfill of any pipe or conduit shall be in four r. (4 ") inch, fully compacted layers unless otherwise specified by the City Engineer. aa. Soil testing for trench compaction shall be performed on all trenching and shall be done not less than once every four (4') feet of lift and 100 lineal feet of trench excavated. bb. Observe a 15 -mile per hour speed limit for the construction area. CC. During site preparation and construction, construct temporary, storm water diversion structures per City of Moorpark standards. 18. Road and Traffic Requirements (Mitigation of Traffic and Roads Impacts) a. Prior to the issuance of a Zoning Clearance for construction of the first residential unit, the Developer shall make a contribution to the Moorpark Traffic Systems Management Fund to fund Transportation Systems Management Programs (TSM) or clean -fuel vehicle programs as determined by the City. S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 43 b. Developer shall participate in the cost of intersection improvements for Los Angeles Avenue /Tierra Rejada Road, Poindexter Road /Moorpark Avenue, Los Angeles Avenue /Moorpark Avenue, Los Angeles Avenue /Spring Road and Spring Road /High Street. The level of participation will be a pro -rata share of the improvement cost based on the projects 107 units impact to each of the intersections. The traffic report dated October 30, 2000, by Associated Transportation Engineers for Tract No. 5187 will be used as reference for that determination. C. Developer shall bond and construct improvements on the southbound lanes at Los Angeles Avenue /Tierra Rejada Road to include dual left turn lanes, one through lane and one right -turn lane. d. Developer shall post bonds for upgrading the Walnut Canyon Road /Casey Road intersection when the 2015 projected volumes on Walnut Canyon Road are achieved and if the SR118 bypass is not constructed. e. 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 Moorpark High, completing north and south bound lane approaches, and related pedestrian improvements in the vicinity of the Moorpark /High Street intersection. Moorpark Avenue to the north of the intersection shall be widened to four (4) lanes without narrowing the existing sidewalk. These improvements shall be completed under a reimbursement agreement: acceptable both to the City and to the applicant. Terms of reimbursement S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc r, Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 44 shall be defined in the Development Agreement for the project. f. The applicant shall fund the full cost of required improvements to the intersection of High 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. This improvement shall be completed prior to the issuance of building permits for the 1st residential dwelling unit in the project. g. As a condition of the issuance of a building permit for each residential unit, Developer shall pay City a traffic mitigation fee as described herein ( "Citywide Traffic Fee "). The Citywide Traffic Fee may be expended by the City in its sole and unfettered discretion. On the effective date of approval of the subdivision map, the amount of the Citywide Traffic Fee shall be $3,000 per dwelling unit. Commencing January 1, 2000, and annually thereafter, the Citywide Traffic Fee shall be increased to reflect the change in the State Highway Bid Price Index for the twelve (12) month period that is reported in the latest issue of the Engineering News Record that is available on December 31 of the preceding year ( "annual indexing "). In the event there is a decrease in the referenced index for any annual indexing, the Citywide Traffic Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 45 h. 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 the adoption of any such additional mitigation fee programs being adopted, then, for impacts to {-- intersections outside of the Los Angeles Avenue Area of Contribution, a proportionate share of future improvement costs shall be collected for locations where project, traffic has a measurable effect on cumulative traffic volumes. The City Traffic Engineer and Community Development Department Director shall determine the required contributions prior to issuance of building permits. Fees shall be paid prior to the issuance of these permits. i. The northbound approach of Moorpark Avenue from Poindexter Lane to the intersection of 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. j. Walnut Canyon Road 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 project; S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 96 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 to achieve an organized and patterned street tree planting program to influence travel speeds. iv) Speed limits shall be clearly and sufficiently posted above and below the project entrance. V) Advance intersection notification shall be provided on the approach to the project intersection. k. The Charles Street intersection with Walnut Canyon shall be restriped to provide proper pedestrian crossings and to maintain clearance for northbound left turn movements. 1. Appropriate traffic calming devices shall be installed along approaches to intersections between Casey Road and Moorpark Avenue /High Street. M. 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. n. This project shall participate in its proportionate share of improvements as identified S: \Community Development \Everyone \Pc FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 47 by the Interim Corridor Improvement Plan developed for Walnut Canyon Road. The contribution of this project to the proposed improvements shall be consistent with the Corridor Plan and as a negotiated component of the project Development Agreement. o. The Developer shall submit to Caltrans for review and approval, street improvement plans prepared by a Registered Civil Engineer and shall post sufficient surety guaranteeing the construction of the improvements. Concurrent submittals will be made to the City Engineer for review. A copy of all final approved Caltrans permits will be forwarded to the City Engineer. p. The improvements along Walnut Canyon Road associated with the project shall include improvements along the full extent of the frontage, as well as the prolongation of the property at the southerly end of the site and to Wicks Road, including any standard offsite transitions. Improvements include, but are not limited to dedication of land to provide 64 feet of right -of -way, horizontal and vertical realignment of Walnut Canyon Road in accordance with City and Caltrans standards with no less than 8 -foot paved shoulders, no less than 12 -foot travel lanes, no less than 12 -foot turning lanes. Pedestrian walkways, five (5') feet wide concrete, shall be installed from the southern boundary of the North Hills Parkway along the east side of Walnut Canyon Road. The walkway may meander at varying elevations east of the roadway. The pedestrian facilities along the east side of Walnut Canyon Road shall be installed along the project frontage and extended to the south side of the intersection of Walnut Canyon Road and Wickes Road. Pedestrian facilities shall meet all City and American Disabilities Act (ADA) requirements, shall be safe and visible from vehicle and pedestrian traffic along Walnut Canyon Road. Crosswalk facilities will be constructed at Casey S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 48 Road for pedestrian access to the west side of Walnut Canyon Road. q. Prior to submittal of the final or mass grading permit, Walnut Canyon Road (State Route 23), at the intersection with "A" Street (the primary collector street) shall be designed to the satisfaction of the City Engineer and Caltrans to ensure that acceptable turning radii, sight - distances, lane transitions, lane widths, shoulders, lane tapers, acceleration and deceleration lanes are provided. In addition, acceptable improvements will be provided to allow adjacent property owners to access onto and from Walnut Canyon Road. These improvements will not interfere or mix with standard turning and stacking lanes into the project. r. Modifications to Walnut Canyon Road shall be completed prior to issuance of the first residential building permit. An encroachment permit shall be obtained from Caltrans prior to construction of any proposed roadway or other improvements within their right -of -way. Any additional right -of -way required to implement the approved design for this entrance intersection or other work in their right -of -way, including slope easements for future grading, shall be acquired by the applicant and dedicated to the State in a manner acceptable to Caltrans and the City Engineer. All required dedications shall be illustrated on the Final Map. Proof of encroachment or other non -City permits and bonds shall be provided to the City Engineer prior to the start of any grading or construction activities. Vehicular access rights to Walnut Canyon Road shall be dedicated to the City, except for the project entrance included in this approval. S. North Hills Parkway and Spring Road - Developer shall dedicate a 200 -foot right -of -way along the entire northerly boundary for the future North S: \Community Development \everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 49 Hills Parkway. To the satisfaction of the City Engineer, the Developer shall grade the full width of the roadway to the ultimate grade anticipated per the latest roadway alignment from the westerly terminus of the property to Spring Road. In addition, roadway improvements will include a minimum of two (2) 12 -feet travel lanes and two (2) 8 -feet paved shoulders. A second primary entrance to the tract shall be provided to the North Hills Parkway prior to the issuance of a Zone Clearance for the 75th residential structure. Developer will procure any easements necessary to complete the construction and for maintenance purposes. Sound walls will be constructed at locations along the portions of the tract that are adversely affected by the future traffic on the North Hills Parkway. The North Hills Parkway access shall be a primary access to the site, along with Walnut Canyon access and Wicks Road will remain an emergency access only. Vehicular access rights along North Hills Parkway and Wicks Road shall be dedicated to the City, except for approved project access points included in this approval. t. The Developer shall fund a traffic study, supervised by the City Engineer, to establish improvement requirements and building thresholds for the project. The study shall include improvement requirements to Walnut Canyon Road and all intersections as noted in the EIR and connection to the Spring Road extension. U. The Developer shall inform all new and future home owners regarding the development of the North Hills Parkway connection. This notification agreement shall be acknowledged by each home owner and recorded with each property. V. Onsite Streets - The Developer shall submit to the City of Moorpark for review and approval, street improvement plans prepared by a California f^ Registered Civil Engineer and shall post S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc r Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 50 sufficient surety guaranteeing the construction of the improvements. Street improvements shall be acceptable to the City Engineer and Director of Community Development. W. All streets shall conform to the design requirements of the Ventura County Road Standards (most recent revision), unless noted otherwise in the Conditions. X. The street improvements shall include concrete curb and gutter, landscaped 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. Y. 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. Z. Developer shall provide onsite private roadway improvements to the satisfaction of the City Engineer as follows: i) "A" Street (Primary Project Collector) Walnut Canyon Road to Intersection with "B" Street S: \community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 51 (For all streets, sidewalk shall not include the top of curb dimension.): a) "A" Street per modified Ventura County Road Standard Plate B -4A with fifty (50') feet right -of -way containing two - 12 feet travel lanes, two -5 feet bike lanes, and one ten (10') feet parkway with five (5) feet wide sidewalk and guardrail along one side and one (1) 6- feet parkway with 5 -feet sidewalk. An additional 5 feet of area graded at two (2 %) percent maximum cross slope will be provided for in a Public Utility Easement (PUE), if utilities are to be constructed within this roadway. b) "A" Street the approach with Walnut �- Canyon Road will be designed to ensure that road grades do not exceed ten (10 %) percent, the road grade landing at Walnut Canyon Road does not exceed three (3 %) percent with a minimum 75 -feet in length from the edge of the first traveled lane in Walnut Canyon Road, that site distance requirements per Caltrans Standards are provided for travel along "A" Street and for vehicles turning onto Walnut Canyon Road as well as those turning into the project. The intersection will be designed so that a California Truck and Bus Design Vehicle will be able to access the site without interference to oncoming or opposing traffic movements. In addition, the intersection will be designed to accommodate future widening of Walnut Canyon Road. c) Provide guardrail and pedestrian safety rail to the satisfaction of the City Engineer. S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 52 ii) Onsite Streets a) "Minor" Streets per modified Ventura County Standard Plate B -4B, fifty -two (521) feet right -of -way, containing two (2) 12 -feet travel lanes, two (2) 8 -feet parking /bike lanes, 6 -feet wide parkways with 5 -feet sidewalks adjacent to the curbs. A 5 -feet wide Public Utility Easement (PUE) shall be provided adjacent to the street right -of -way. The maximum grade within the PUE shall be two (2 %) percent. Developer shall demonstrate conformance to I.D. access requirements at all locations including driveway locations. Improvement plans will detail all locations where utilities conflict with normal walk locations. The Final Tract Map and Improvement Plans will reflect all such locations that affect lot lines and right -of -way lines. b) "Cul de sacs" per modified Ventura County Standard Plate B -4C, forty -eight (48') feet right -of -way, two (2) 10 -feet traveled lanes, two (2) 8 -feet parking /bike lanes, and six (61) feet wide parkways with 5 feet sidewalks adjacent to the curbs. A five (51) feet wide Public Utility Easement (PUE) shall be provided adjacent to the street right -of -way. The maximum grade within the PUE shall be two (2 %) percent. Developer shall demonstrate conformance to ADA access requirements at all locations including driveway locations. Improvement plans will detail all locations where utilities conflict with normal walk locations. The Final Tract Map and Improvement Plans will reflect all such locations that affect lot lines and right -of -way lines. S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc r" Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 53 aa. Driveways shall be designed in accordance with the latest Ventura County Road Standards. bb. The Developer shall provide slope easements for public road maintenance purposes along all roads, where the top of cut or the toe of fill is beyond the dedicated right -of -way. Said slope easements shall include the area covered by the cut slope plus five (5') feet and fill slope plus five (51) feet. Where the slopes exceed ten (101) feet vertically, an additional twenty (201) feet width horizontally will be dedicated to the City for maintenance and access purposes. These easements will be to the satisfaction of.the City Engineer. cc. Above ground obstructions (utility cabinets, mailboxes, etc.) are to be placed within the right -of -way landscaping areas. When above ground obstructions are to be placed within the sidewalk, a minimum five (51) foot clear sidewalk width must be provided around the obstruction. dd. 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 over six (61) feet high are to be submitted to and approved by the Director of Community Development and the City Engineer. ee. 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. ff. The Developer shall dedicate vehicular access rights to the City of Moorpark, along the entire project boundary including along Walnut Canyon Road and Wicks Road. The southerly end of the access drive to Wicks Road shall be gated and used for emergency access only and shall meet Fire �^ Department requirements. Separate pedestrian S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 54 access shall be provided to Wicks Road at this gated emergency access location. gg. 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. hh. In conjunction with the Final Map Recordation, developer shall dedicate to the owner of the parcel at the northeast corner of the site (APN 512 - 010 -06), access rights over, under and across all private streets. In addition, developer shall dedicate to the City, a one (1') foot strip between the aforementioned parcel and the project site. The dedication to the City shall be for full and exclusive rights of access, over, under and through the aforementioned one (11) foot strip, all to the satisfaction of the City Engineer. ii. Developer shall pay the full equivalent cost, including design, construction, and inspection for the future traffic signalization at the intersection of the Northerly entry Access road with the North Hills Parkway. In addition, developer shall pay for twenty -five (25 %) percent of the full equivalent cost, including design, construction and inspection of the future traffic signal at the intersection of North Hills Parkway and Spring Road. 19. Street Lighting a. Street lights shall be provided on the improvement plans per the City of Moorpark and Ventura County Standards. 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 S: \Conmtunity Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 55 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. b. Low intensity night lighting shall be required within the streetscape and at intersections to the satisfaction of the City Engineer. 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. The project entrance lighting should emphasize low intensity landscape features and lighting of accent landscaping plants. Standard approach lighting within the Walnut Canyon Road Corridor shall comply with Caltrans design standards. Front and rear yard lighting restrictions shall be .- included in the project CC &R's and Planned Development Permit conditions. C. Prior to the Final Map recordation, the Developer shall pay all energy costs associated with public street lighting for a period of one (1) year. 20. Drainage Requirements a. Prior to submittal of the final or mass 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. 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, including capacity details for the construction of the on -site private detention and National Pollutant Discharge Elimination System (NPDES) basins shall be included in the Master S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 56 Improvement Plan. 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. 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 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 to funding 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 of Moorpark for review and approval, drainage plans; hydrologic and hydraulic calculations prepared by a California Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete improvements and shall post sufficient surety guaranteeing the construction of all improvements. d. The plans shall depict all on -site and off -site drainage structures required by the City. e. The drainage plans and calculations shall relate to 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 and NPDES facilities and drainage courses will be addressed. f. Hydrology shall be per the current Ventura County Flood Control Standards except as follows: S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 57 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. iv) All culverts shall carry a 100 -year frequency storm. g. 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. h. Under a 10 -year frequency storm, local, �. residential and private streets shall have one (1) dry travel lane available on interior residential streets. Collector streets shall have a minimum of one (1) dry travel lane in each direction. i. "After- development" drainage to adjacent parcels shall not be increased above "Pre- development" drainage quantities nor will surface runoff be concentrated by this development. All drainage measures necessary to mitigate storm water flows shall be provided to the satisfaction of the City Engineer. j. Drainage grates shall not be used at any location accessible by pedestrian, bicycle or equestrian traffic. k. 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. S: \Community Development \Everyone \Pc FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 58 1. 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 privately maintained unless otherwise approved by the City Council. M. Concrete surface drainage structures shall be tan colored concrete, as approved by the Director of Community Development, and to the extent possible shall incorporate natural structure and landscape to reduce their visibility. n. In order to comply with California Regional Water Quality Control Board requirements no curb outlets will be allowed for pad drainage onto the street. The Developer shall inform all new and future home owners that future improvements such as pool construction or other private improvements require observance of the same requirements. This notification agreement shall be acknowledged by each home owner and recorded with each property. o. Drainage devices for the development shall be designed and installed with all necessary appurtenances to safely contain and convey storm flows to their final point of discharge to the satisfaction of the City Engineer. p. A hydraulic /hydrologic study shall be prepared which analyzes the hydraulic capacity of the drainage system, with and without the storm drain system for the proposed development. The Developer shall make any downstream improvements, required by the City, to support the proposed development. q. Improvements shall be constructed to detain drainage on -site when the drainage amount is between the ten -year and fifty -year storm event. A S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 59 rainfall intensity Zone K shall be utilized in the design unless an alternate design intensity is approved by the City Engineer. Detention facilities shall include paved spillways. r. The applicant shall demonstrate that surface drainage from the site shall not drain over the sidewalk or driveways and one (1) dry lane, each way, will be provided on all roadways. S. The Developer shall demonstrate, for each building pad within the development area, that the following restrictions and protections can be put in place to the satisfaction of the City Engineer: i) Adequate protection from a 100 -year frequency storm. ii) Feasible access during a 50 -year frequency storm. iii) Hydrology calculations shall be per current Ventura County Flood Control Standards. iv) All structures proposed within the 100 -year flood zone shall be elevated at least one (1') foot above the 100 -year flood level. t. The Developer shall provide for all necessary on- site and off -site storm drain facilities to the satisfaction of the City Engineer to accommodate upstream and on -site flows. Facilities, as shown on existing drainage studies and approved by the City Engineer, shall be delineated on the final drainage plans. Either on -site detention basins or storm water acceptance deeds from off -site property owners must be specified. U. The design of the storm drain system shall provide for adequate width easements for future maintenance and reconstruction of facilities particularly those facilities that are deeper than eight (8) feet. In addition all facilities shall S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 60 have all- weather vehicular access. This design shall be to the satisfaction of the City Engineer. 21. National Pollutant Discharge Elimination System ( NPDES) 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 (BMP) to effectively prohibit the entry of pollutants from the construction site into the storm drain system. d. Improvement plans shall note that the contractor shall comply to the "California Storm Water Best Management Practice Handbooks." e. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the Developer shall also submit a Notice of Intent (NOI) to the California State Water Resources Control Board, Storm Water Permit Unit in accordance with the NPDES Construction General Permit (No. CASQ00002): Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activities). The Developer shall comply with all requirements of this General Permit including preparation of a Storm Water Pollution Prevention Plan ( SWPPP). S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 61 f. The Developer shall obtain a permit from the State Water Resources Control Board for "All storm water discharges associated with a construction activity where clearing, grading, and excavation results in land disturbances of five (5) or more acres." 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 Final Map approval, applicant will provide facilities to comply with NPDES requirements. Runoff from developed areas shall be diverted to detention basins, "passive- devices" or �- other passive Best Management Practices (BMP) to the satisfaction of the City Engineer. A California registered civil engineer shall propose and design these devices as part of the drainage improvement plans for the project. Provisions shall be made by the Developer to provide for maintenance in perpetuity. - 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 state that the contractor shall comply with the "California Storm Water Best Management Practice Handbooks" - Best Management Practice (BMP) applicable to the development and to the satisfaction of the City S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 62 Engineer. Said requirements shall include the following: 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 locations shall be maintenance free of litter and debris. iv) All onsite storm drains shall be cleaned, using approved methods, at least twice a year, once immediately prior to October 1, the rainy season, and once in January. V) All common sidewalks, walkways, and parking areas shall be swept regularly to prevent the accumulation of litter and debris from entering the storm drain. No cleaning agent must 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 County Waterworks District No. 1. vi) The City will require that "passive" devices and BMP be used to comply with NPDES water quality requirements. The Developer shall provide the City with a Maintenance Program for such devices. The Covenants, Codes and Restrictions (CC &R's) shall include a requirement that the Developer /Homeowners Association shall maintain, in perpetuity, such devices in a manner consistent with specific requirements to be detailed within the Maintenance Program. k. Prior to the starting of grading or any ground disturbance the Developer shall employ a full -time S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 63 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 Practice. 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 eight (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. In addition, an NPDES superintendent shall be employed to assume NPDES compliance during the construction of streets, storm drainage systems, all utilities, buildings and final landscaping of the site. D. VENTURA COUNTY FIRE DEPARTMENT CONDITIONS: 1. An onsite access road of thirty -six (36) feet shall be provided, except for Wicks Road, where onsite access shall be thirty -two (32) feet with no parking on both sides of the road and offsite shall be twenty (201) feet with no parking on both sides of the road. 2. Prior to combustible construction, an all weather access road /driveway, suitable for use by a twenty (20) ton Fire District vehicle shall be installed. 3. The access road shall be of sufficient width to allow for a forty (40') foot outside turning radius at all times in the road. S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 64 4. All access roads /driveways shall have a minimum vertical clearance of thirteen feet six inches (131611). 5. Two (2) means of ingress /egress shall be provided to the development in accordance with Fire District access standards. 6. Prior to construction, the applicant shall submit two (2) site plans to the Fire District for the location of fire lanes. The fire lanes shall be posted "NO PARKING FIRE LANE" in accordance with California Vehicle Code, Section 22500.1 and the Uniform Fire Code, prior to occupancy. 7. Any gates to control vehicle access are to be located to allow a vehicle waiting for entrance to be completely off the intersecting roadway. A minimum clear open width of fifteen (15') feet in each direction shall be provided for separate entry /exit gates and a minimum twenty (201) feet for combined entry /exit gates. If gates are to be locked, a Knox System shall be installed. The method of gate control, including operation during power failure, shall be subject to review by the Fire Prevention Division. Gate plan details shall be submitted to the Fire District for approval prior to installation. A final acceptance inspection by the Fire District is required prior to placing any gate into service. The gate at Wicks Road shall be locked with an emergency control device subject to fire department approval and shall allow the operation by the general public in an emergency. Signs shall be posted on each side of the gate indicating "EMERGENCY EXIT ONLY ". 8. Prior to recordation of street names, proposed names shall be submitted to the Fire District's Communications Center for review. 9. Street name signs shall be installed in conjunction with the road improvements. The type of sign shall be in accordance with City of Moorpark Road Standards. S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 65 10. Applicant shall obtain Ventura County Fire Department Form No. 126 "Requirements for Construction" prior to obtaining a building permit for any new structures or additions to existing structures. 11. Address numbers, a minimum of four (4 ") inches high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Brass or gold plated numbers shall not be used. Where structures are set back more than 150 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event the structure(s) is /are not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance on an elevated post. 12. A plan shall be submitted to the Fire District for (- review indicating the method in which buildings are to be identified by address numbers. 13. Prior to construction, the applicant shall submit plans to the Fire District for placement of fire hydrants. On the plans, show existing hydrants within 500 feet of the development, indicate the type of hydrant, and number and size of outlets. 14. Fire hydrant(s) shall be provided in accordance with current adopted edition of the Uniform Fire Code, Appendix III -B and adopted amendments. On -site fire hydrants may be required as determined by the Fire District. 15. Prior to occupancy of any structure, blue reflective hydrant location markers shall be placed on the access road in accordance with Fire District Standards. If the final asphalt cap is not in place at time of occupancy, hydrant location markers shall still be installed and shall be replaced when the final asphalt cap is completed. 16. Prior to map recordation, the applicant shall provide /^ to the Fire District, verification from the water S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc r,- Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 66 purveyor that the purveyor can provide the required fire flow of 1,000 gallons per minute at 20 psi. 17. Plans for water systems supplying fire hydrants and /or fire sprinkler systems and not located within a water purveyor's easement, shall be submitted to the Fire District for review and approval prior to installation. 18. All structures shall be provided with an automatic fire sprinkler system (to mitigate inadequate second access). 19. Plans for all fire sprinkler systems shall be submitted with payment for plan check, to the Fire District for review and approval prior to installation. 20. Portions of this development within a designated Hazardous Watershed Fire Area and those structures shall meet fire area building code requirements. 21. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the City of Moorpark Water Works Manual. a. Each hydrant shall be a six (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 twenty (20) psi residual pressure. C. Fire hydrants shall be spaced 500 feet on center, and so located that no structure will be further than 250 feet from any one (1) hydrant. d. Fire hydrants shall be twenty -four (24 ") inches on center, recessed in from the curb face. e. No obstructions, including walls, trees, light and sign posts, meter shall be placed within three (3') feet of any hydrant. S: \COSmmnity Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 67 f. A concrete pad shall be installed extending eighteen (18 ") inches out from the fire hydrant. g. Ground clearance to the lowest operating nut shall be between eighteen (18 ") inches and twenty -four (24 ") inches. 22. All grass or brush exposing any structures to fire hazards shall be cleared for a distance of 100 feet prior to construction of any structure and shall be maintained in accordance with Ventura County Fire Protection District (VCFPD) Ordinance. 23. All grass and brush shall be cleared to a distance of ten (10') feet on each side of all access roads /driveways. 24. An approved spark arrestor shall be installed on the �-- chimney of any structure(s). 25. Applicant shall submit a phasing plan to the Ventura County Fire Department for review and approval prior to construction. 26. A copy of all recorded maps shall be provided to the Fire Prevention Division within seven (7) days of recordation of said map. 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. C. Copy of approval of fire hydrant locations by County of Ventura Fire Protection District. S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc f Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 68 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. Grading, street improvement and drainage plans. h. Tract Map showing water and sewer easements dedicated to the district. i. Signed contract to install all improvements and a Surety Bond. r1 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) 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 DEPARTbZNT 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 a list of project features and design components that demonstrate responsiveness to defensible space design concepts. Review and approval S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 69 by the police department of all defensible space design features incorporated into the project shall occur prior to initiation of the building plan check process. 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 CONDITION: 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 the City a traffic mitigation fee as described herein ( "Citywide Traffic Fee "). The Citywide Traffic Fee may be expended by the City in its sole and unfettered discretion. On the effective date of 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, developer shall pay the City a development fee as described herein (the "Development Fee "). The S: \Comunity Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 70 Development Fee may be expended by the 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 unit 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 the 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 F— 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 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 S: \Comunity Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 71 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 the 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 U.S. Fish and Wildlife Service. This contribution shall be coordinated with the U.S. Fish and Wildlife Service and be made to an appropriate private conservation institution upon approval of the U.S. Fish and Wildlife Service. Evidence of contribution approved by the service shall be presented to the City prior to the issuance of building permits. 9. Species Research Contribution: Prior to the issuance of a Zoning Clearance for construction, the applicant shall contribute $15,000 towards the City's sensitive species research program (established as a component of the Open Space Trust Fund related to maintenance of the Open Space, Conservation and Recreation Element and related programs). 10. The applicant /developer shall deposit with the City the sum of $25,000 to be held in trust for open space acquisition and maintenance as an offset to impacts related to rare plant communities. This trust fund deposit shall be used at the discretion of the City for purposes consistent with the intent of the biological resources mitigation measures in the Final Mitigated Negative Declaration. S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditions.doc r Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 72 11. Traffic System Management Plan: Prior to the issuance of a Zoning Clearance for construction, the permittee shall make a contribution to the Moorpark Traffic Systems Management Fund (TSM) to fund TSM Programs or clean -fuel vehicles programs, as determined by the City. The amount of the TSM fee shall be the per residential unit amount as specified in the Development Agreement with applicable annual increases. 12. 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 per residential unit amount as specified in the Development Agreement with applicable annual increases. 13. 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 Director of Community Development shall determine the required contributions prior to issuance of building permits. Fees shall be paid prior to the issuance of these permits. S: \Community Development \Everyone \Pc FINAL RESO \pc 410 Exhibit A Conditions.doc Conditions of Approval for Tract No. 5130 and Residential Planned Development No. 98 -02 July 23, 2001 Page 73 14.The Developer shall pay all energy costs associated with public street lighting for a period of one (1) 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 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 sixty -five (65) Community Noise Equivalent Level (CNEL) and 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). S: \Community Development \Everyone \PC FINAL RESO \pc 410 Exhibit A Conditione.doc