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HomeMy WebLinkAboutAGENDA REPORT 1996 0403 CC REG ITEM 08AI %� =4'm- t A. AGENDA REPORT CITY OF MOORPARK TO: Honorable City Council FROM: Deborah S. Traffenstedt, Senior Planner DATE: April 1, 1996 (Cc meeting of 4 -3 -96) ^� h moo— C41. of 199 �- ACTI0N6 'C � C SUBJECT: CONSIDER APPROVAL OF THE MOORPARK COUNTRY CLUB ESTATES PROJECT PROPOSED BY BOLLINGER DEVELOPMENT CORPORATION (GENERAL PLAN AKMDNKNT NO. 94-1, ZONE CHANGE NO. 94 -1, VESTING TENTATIVE MAP NO. 4928, RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1, AND CONDITIONAL USE PERMIT NO. 94 -1) BACKGROUND The City Council held a public hearing for the Moorpark Country Club Estates Project entitlements (referenced above) on March 6 and 13, 1996. On March 13, the City Council closed the public hearing and directed staff to prepare a draft approval resolution, zone change ordinance, Mitigation Monitoring Program, Environmental Impact Report (EIR) Findings, and Statement of Overriding Considerations. The City Council subsequently held a continued meeting on March 18 to further discuss draft conditions of approval, the Addendum to the Final Environmental Impact Report (EIR), and the Mitigation Monitoring Program. City Council meetings scheduled for March 20 and 27 were continued. DISCUSSION Attached to this report is a revised draft approval resolution with the most recently updated conditions of approval for the Vesting Tentative Map, RPD Permit, and CUP. Also attached is the Addendum to the Final EIR, Mitigation Monitoring Program, Draft Statement of Overriding Considerations, the draft zone change ordinance, and the revised Vesting Tentative Map (which now includes the new "C" Street interchange location and associated lot boundary revisions). The draft EIR Findings will be provided to the City Council under separate cover on Tuesday, April 2, 1996, after the City Attorney review is concluded. STAFF RECOMIENDATION 1. Approve Resolution No. 96- , approving the Addendum to the Final Environmental Impact Report, the Mitigation Monitoring Program, EIR Findings, Statement of Overriding Considerations, General Plan Amendment, Vesting Tentative Map, RPD Permit, and CUP, incorporating staff corrections to the resolution and attachments as disLussed at the April 3, 1996, meeting. 2. Incorporate staff corrections and then approve Ordinance No. amending the zoning for the Project site, introduce the ordinance for first reading, and waive full reading. Attachments: 1. Draft Resolution including Conditions of Approval: A. Vesting Tentative Map No. 4928 B. RPD Permit No. 94 -1 C. CUP No. 94 -1 2. Addendum to Final EIR 3. Mitigation Monitoring Program 4. Statement of Overriding Considerations 5. Draft Ordinance 6. Reduced Vesting Tentative Map Sheets 1 -4 7. Full Size Vesting Tentative Map Sheets 1 -4 (dated 3- 26 -96) 0 RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 94 -1, VESTING TENTATIVE MAP NO. 4928, RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1, AND CONDITIONAL USE PERMIT NO. 94 -1, AND ADOPTING A MITIGATION MONITORING PROGRAM, MAKING CERTAIN FINDINGS RELATED TO THE SIGNIFICANT IMPACTS OF THE PROJECT, AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE MOORPARK COUNTRY CLUB ESTATES PROJECT (APPLICANT: BOLLINGER DEVELOPMENT CORPORATION) WHEREAS, at a duly noticed public hearing on March 6, 1996, a continued public hearing on March 13, 1996, and continued meetings on March 18 and April 3, 1996, the City Council considered the application filed by Bollinger Development Corporation for the Moorpark Country Club Estates Project, consisting of General Plan Amendment No. 94 -1, Zone Change No. 94 -1, Vesting Tentative Tract Map No. 4928, Residential Planned Development (RPD) Permit No. 94 -1, and Conditional Use Permit (CUP) No. 94 -1 for a 655 -acre site located approximately 2,700 feet south of Broadway, with frontage on both Walnut Canyon Road (State Route 23) to the east and Grimes Canyon Road to the west (Assessor Parcel Nos: 500 - 240 -075, 500 - 230 -065, 500 - 230 -125, 500 - 230 -015, 500 - 230 -135, 500 - 230 -095, 500 - 230 -115, 500 - 230 -075, 500 - 260 -015, 500 - 250 -115, 500 - 220 -075, 500- 430 -015, 500 - 430 -025, 500 - 430 -035, 500 - 430 -045, 500 - 430 -055, 500 - 430 -065, 500 - 430 -075, 500 - 430 -085, 500 - 430 -095, 500 - 440 -015, 500 - 440 -025, 500 - 440 -035, 500 - 440 -045, 500 - 440 -055, 500 - 440 -065, 500 - 440 -075, 500 - 440 -085, 500 - 440 -095, 500 - 440 -105, 500 - 440 -115, 500 - 440 -125, 500 - 440 -135, 500 - 440 -145, 500- 440 -155, 500 - 440 -165, 500 - 440 -175, 500- 440 -185); and WHEREAS, the Moorpark Country Club Estates Project is more specifically described as follows: General Plan Amendment No. 94 -1 1) Revision of the General Plan Land Use Designation from Rural Low (1 Dwelling Unit per 5 Acres) to Medium Low (2 Dwelling Units per Acre) for residential Lots 1 through 216 (totaling 121.4 acres) and Private Roads H through N and associated landscaping area (Lots A, B, and C, totaling 11.1 acres); to Open Space 2 for golf course Lots 217 through 220; and to Public /Institutional for water reservoir and water well Lots 221 through 225 (all lot and street references are consistent with Vesting Tentative Map No. 4928), and 2) Revision of Land Use Element Policy No. 11.2 to read as follows: When new residential development is proposed adjacent to existing agricultural uses, a 200 -foot minimum setback shall be provided, to minimize compatibility conflicts, unless a determination is made by the City Council that the elevation difference between the agricultural and residential properties justifies a 100 -foot minimum setback; Zone Change No. 94 -1 - Requires adoption of an ordinance to revise the project site zoning from Rural Exclusive 5 Acre to RPD -1.63 Dwelling Units per Acre for residential Lots 1 through 216 (totaling 121.4 acres) and Private Roads H through N and associated landscaping area (Lots A, B, and C totaling 11.1 acres); to Open Space -6.4 Acres for Lot 217, to Open Space -176 Acres for east golf course Lot 218, to Open Space -314.4 Acres for west golf course Lots 219 and 220; and to Institutional for well and reservoir Lots 221 through 225; Resolution No. _ Page 2 Vesting Tentative Map No. 4928 - Subdivision of the project site into 216 residential lots (1 through 216), four (4) golf course lots (217 through 220), three (3) Public /Institutional lots (221 through 225) for the well and reservoir sites, the creation of three (3) lots (A through C) for private road and landscape area purposes (to be shown on Final Map), and the irrevocable dedication of a 20 -foot easement for trail purposes and Lot 217 for public purposes; Residential Planned Development Permit No. 94 -1 - Required for residential Lots 1 though 216 and establishes development standards and conditions of approval for the residential component of the Project; Conditional Use Permit No. 94 -1 - Required for golf course Lots 217 through 220 and establishes development standards and conditions of approval for the golf course component of the Project, consisting of two 18 -hole golf courses and related facilities including driving range and clubhouses, pro -shop, banquet facilities, bar, snack -bar, golf cart storage and maintenance buildings; and WHEREAS, the City Council on December 20, 1995, certified a Final Environmental Impact Report for the Moorpark Country Club Estates Project as having been completed in accordance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City's CEQA Procedures; and WHEREAS, the project was subsequently revised to further minimize significant environmental impacts and an Addendum to the Final Environmental Impact Report was prepared to describe the revised project; and WHEREAS, at a duly noticed public hearing held on December 19, 1995, continued public hearings on January 22, and 29, 1996, and a continued meeting on February 7, 1996, the Planning Commission considered the application filed by Bollinger Development Corporation, received and considered public testimony from all those wishing to testify, closed the public hearing for the project on January 29, 1996, and adopted a resolution recommending approval of the zone change on February 7, 1996; and WHEREAS, the City Council after review and consideration of the information contained in Planning Commission Resolution No. 96 -318, staff reports, Final Environmental Impact Report certified by City Council Resolution No. 95 -1167, Addendum to Final Environmental Impact Report, Mitigation Monitoring Program, Environmental Impact Report Findings, Statement of Overriding Considerations, and public and staff testimony, reached its decision on the matter on , 1996; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby makes the following findings: CEQA Findings: 1) The Addendum to the Final Environmental Impact Report and a Mitigation Monitoring Program have been completed in accordance with CEQA (Division 13 of the Public Resource Code of the State of California), CEQA Guidelines, and City CEQA Procedures. 2) Environmental Impact Report findings related to the significant impacts of the Project and a Statement of Overriding Considerations have been completed in accordance with CEQA, CEQA Guidelines, and City CEQA Procedures. Resolution No. _ Page 3 Subdivision Map Act Findings The Vesting Tentative Map, with imposition of the attached conditions of approval, meets the requirements of the Government Code Sections 66412.3, 66473.1, 66473.5, 66474, 66474.6, and 66478.1 et Beg, and the City's Subdivision Ordinance, as follows: 1) The proposed Vesting Tentative Map is consistent with the City's General Plan. 2) The design and improvements of the proposed subdivision are consistent with the General Plan. 3) The project site is physically suitable for the type of development proposed. 4) The project site is physically suitable for the proposed density of development. 5) The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, with incorporation of Final Environmental Impact Report mitigation measures, and adoption of a Statement of Overriding Considerations. 6) The design of the subdivision and the type of improvements are not likely to cause serious public health problems. 7) The design of the subdivision and the type of improvements would not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. 8) Discharge of waste from the proposed subdivision into the existing community sewer system would not result in violation of existing water control requirements under California Water Code Section 13000 et seq. 9) The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake or reservoir. 10) The design of the subdivision provides to the extent feasible, future passive or natural heating or cooling opportunities. 11) The effect of this action upon the housing needs of the region has been considered and balanced against the public service needs of City residents and available fiscal and environmental resources. 12) The topographic features of the site justify an average lot depth greater than three times the lot width. 13) The size of the site and proposed grading plan justify a revision of the contour interval for the Tentative Map from two feet to ten feet. Residential Planned Development Permit Findings 1) The proposed residential project is consistent with the intent and provisions of the City's General Plan and Zoning Code. Resolution No. _ Page 4 2) The proposed residential project is compatible with the character of surrounding development. 3) The proposed residential project would not be obnoxious or harmful, or impair the utility of neighboring property or uses. 4) The proposed residential project would not be detrimental to the public interest, health, safety, convenience, or welfare. 5) The proposed residential project is compatible with existing and planned land uses in the general area where the development is to be located. 6) The proposed residential project is compatible with the scale, visual character and design of the surrounding properties, designed so as to enhance the physical and visual quality of the community, and the residential structures will have design features which provide visual relief and separation between land uses of conflicting character. Conditional Use Permit Findings 1) The proposed golf course project is consistent with the intent and provisions of the City's General Plan and Zoning Code. 2) The proposed golf course project is compatible with the character of surrounding development. 3) The proposed golf course project would not be obnoxious or harmful, or impair the utility of neighboring property or uses. 4) The proposed golf course project would not be detrimental to the public interest, health, safety, convenience or welfare. 5) The proposed golf course project is compatible with existing and planned land uses in the general area where the development is to be located. The proposed golf course project is compatible with the scale, visual character and design of the surrounding properties, designed so as to enhance the physical and visual quality of the community, and the clubhouse structures have design features which provide visual relief and separation between land uses of conflicting character. SECTION 2. The City Council hereby approves the Addendum to the Final Environmental Impact Report for the Moorpark Country Club Estates Project (Attachment 2), adopts a Mitigation Monitoring Program (Attachment 3), makes Environmental Impact Report Findings related to the significant impacts of the Project (Attachment 4), and adopts a Statement of Overriding Considerations (Attachment 5), which are incorporated herein by reference. SECTION 3. The City Council hereby approves General Plan Amendment No. 94- 1 to: 1) Revise the General Plan Land Use Designation from Rural Low (1 Dwelling Unit per 5 Acres) to Medium Low (2 Dwelling Units per Acre) for residential Lots 1 through 216 (totaling 121.4 acres) and Private Roads H through N and associated landscaping area (Lots A, B, and C, totaling 11.1 acres), to Open Space 2 for golf course Lots 217 through 220, and to Public/Institutional for water reservoir and water well Lots 221 through 225 (all lot and street references are consistent with Vesting Tentative Map No. 4928), and Resolution No. Page 5 2) Revise Land Use Element Policy No. 11.2 to read as follows: When new residential development is proposed adjacent to existing agricultural uses, a 200 -foot minimum setback shall be provided, to minimize compatibility conflicts, unless a determination is made by the City Council that the elevation difference between the agricultural and residential properties justifies a 100 -foot minimum setback. SECTION 4. The City Council hereby conditionally approves Vesting Tentative Map No. 4928, subject to compliance with all of the conditions attached hereto as Attachment lA and the Mitigation Monitoring Program (Attachment 3). SECTION 5. The City Council hereby conditionally approves RPD Permit No. 94 -1, subject to compliance with all of the conditions attached hereto as Attachment 1B and the Mitigation Monitoring Program (Attachment 3). SECTION 6. The City Council hereby conditionally approves CUP No. 94 -1, subject to compliance with all of the conditions attached hereto as Attachment 1C and the Mitigation Monitoring Program (Attachment 3). PASSED, APPROVED, AND ADOPTED THIS DAY OF , 1996. Paul W. Lawrason Jr., Mayor ATTEST: Lillian E. Hare, City Clerk Attachments: 1. Conditions of Approval A. Vesting Tentative Map No. 4928 B. RPD Permit No. 94 -1 C. CUP No. 94 -1 2. Addendum to Final Environmental Impact Report 3. Mitigation Monitoring Program 4. CEQA Environmental Impact Report Findings 5. CEQA Statement of Overriding Considerations 1A VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 VESTING TENTATIVE MAP NO. 4928 CONDITIONS OF APPROVAL I. DEPARTMSNT OF COkQ4UNITY DSVSLOPNENT CONDITIONS Permitted Uses 1. Vesting Tentative Map No. 4928 is approved for the land and project identified as Moorpark Country Club Estates: General Plan Amendment No. 9401, Zone Change No. 94 -1, Residential Planned Development Permit No. 94- 1, and Conditional Use Permit No. 94 -1. The location and design of all site improvements shall be as shown or described in the application (including technical reports), on the approved Vesting Tentative Map (Sheets 1 -4, dated M"cb'26, 1996), and approved mitigation monitoring program , except or unless indicated otherwise herein in the following conditions. City Regulations 2. The conditions of approval of Vesting Tentative Map 4928 and all provisions of the Subdivision Map Act, City of Moorpark Zoning Code and adopted City policies, procedures, and standards supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map. Other Agency Regulations 3. All applicable requirements of any law or agency of the State, County, and any other governmental entity shall be met, and all such requirements and enactments shall, by reference, become conditions of this entitlement. 4. No condition of this entitlement shall be interpreted as permitting or requiring any violation of law, or any lawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules, standards, or guidelines apply, the stricter standard shall take precedence. Approved Phasing 5. If the Final Map is to record in phases, it shall be recorded in phases consistent with the approved Vesting Tentative Map Phasing Plan, Sheet 4, and the applicable subsequent conditions of approval. Acceptance of Conditions 6. Recordation of this subdivision shall be deemed to be acceptance by the subdivider, and his heirs, assigns, and successors of the conditions of this Map. Reference Conditions of Approval on Final Map 7. A notation which references approved Conditions of Approval shall be included on all phases of any Final Map in a format acceptable to the Director of Community Development. Severability 8. If any of the conditions or limitations of this subdivision are held to be invalid, that holding shall reaftr this Vesting Tentative Map null and void at the discretion of the City. VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 Expiration of Vesting Tentative Map 9. This Tentative Map shall expire three (3) years from the date of its approval. The D _..ete of Gemmunity Deve epment Upon application of the subdivider, filed at least 30-days prior to the expiration of the conditionally approved 'tentative Map, the City Council may, at hie its discretion, gEant up %e three ) dd;f >> one (1) ..t....,,: a to map reeeLedatitan extend the Tentative Map for a period or periods not exceeding a total of three (3) years, if there have been non - significant changes to adjacent land uses and if the subdivider can document that due diligence has been extended towards completion of map recordation during the initial 3 year period of map approval. The— Eegeest fee emteHBd-R Of th i$ -mot it lema°t- h a l l be m.ade ifl w-rit i ng, at least 2Q days prmler- to o empivaties date et the Tentative Hap Applicant /Developer Defense Costs 10. The subdivider shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the subdivision, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The City will promptly notify the subdivider of any such claim, action or proceeding, and, if the City should fail to do so or should fail to cooperate fully in the defense, the subdivider shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: a. The City bears its own attorney fees and costs; b. The City defends the claim, action or proceeding in good faith. The subdivider shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the subdivider. The 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. Title Report 11. The subdivider shall submit to the Department of Community Development and the City Engineer for review and approval a current title report which clearly states all interested parties and lenders included within the limits of the subdivision as well as any easements that affect the subdivision. Image Conversion 12. Upon recordation and prior to the first occupancy for each phase, the subdivider shall provide to the City an image conversion of any associated building, grading, landscape, public improvement and site plans into an optical format acceptable to the City Clerk. Asbestos Use Prohibited 2 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 13. No asbestos pipe or construction materials shall be used within this subdivision. Outstanding City Case Processing Costs 14. The subdivider shall pay all outstanding City case processing and environmental impact report related costs, prior to initiation of condition compliance review for approval of a grading permit, Final Map, or Zoning Clearance for any phase, and prior to submission of any plans for Building Inspector or City Engineer plan check. Environmental Oualitv Assurance Proaram 15. Prior to rough grading permit approval, any phase, the subdivider shall submit a review and mitigation monitoring program. enforced through implementation of an Program (EQAP) as recommended in the program. The EQAP shall be implemented option, contract specialists shall be and mitigation compliance. Zoning Clearance and approval of a Final Map for deposit for condition compliance The monitoring program shall be Environmental Quality Assurance approved mitigation monitoring through the City; at the City's retained to monitor construction 16. Prior to submittal of construction plans for plan check or initiation of any grading or other construction activity, a Zoning Clearance shall be obtained from the Department of Community Development. The request for Zoning Clearance shall be accompanied by three complete sets of all applicable construction plans. Hold Harmless Agreement 17. Prior to Zoning Clearance approval, construction plans may be submitted to the Building and Safety Department and City Engineer for plan check with a City approved Hold Harmless Agreement. Modifications 18. Any changes to the Vesting Tentative Map, including but not limited to phasing, lot sizes or dimensions, street layout, and areas to be graded, shall require the filing of an application for Modification. The type of Modification permit shall be determined by the Director of Community Development pursuant to the criteria established in the Zoning Code and Subdivision Ordinance. 20. Except for the street improvements, maintenance responsibility for the other "C" Street "Common MaiAtenawe Areas ", J=ludinq but not limited to 3 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 the landscaping improvements In the parkway, medians, and at the entranceways; the bus stops; storm drains and any elope directly affecting drainage, and 4ay other items doomed aecdssary by the City, shall be provided by an assessment district. The total cost of the maintenanc=e provided by the assessment district shall be borne by all of the residential and ,golf course property owners within the entire Vesting Map No. '4528 urea, as applicable. The Applicant /Developer shall be responsible for Installing all required Common Maintenance Area improvements and mai.ntaxnirq such Common: Maintananc* Area improvements, to the City's specifications and satisfaction, until acceptance by the City for inclusion in the assossmsnt district. Acceptance of Common Maintenance Area improvements for assessment district maintenance; purposes shall not occur until one >yea r after the last residential unit occupancy in the tract or until the next opportunity to place this area wi"10 the assessment district for assessment purposes, whichever occurs later. "C" Street improvements shall be maintained by the Applicant /Developer to the City's specifications and satisfaction, until acceptance of said improvemats by the City. Acceptance shall occur upon occupancy of the final residential unit or golf course occupancy, whichever occurs later. 11 21. Prior to opening "C" Street and the western residential area streets and cul -de -sacs (labeled as public on the Vesting Tentative Map) to public use, the Applicant /Developer shall request the City to adopt a resolution authorizing' enforcement of applicable provisions of the California vehicle Cade and Moorpark Municipal Cods, Conditions, Covenants and Restrictions (CC &R's) 22. Covenants, Conditions and Restrictions (CC &R's) and By -laws establishing one or more Homeowners' Associations for the residential development shall be prepared. The CC &R's for the Homeowners' Associations shall identify all Common Maintenance Areas for the residential areas, including maintenance of private streets, private and public residential street and parkway landscaping, all slope areas facing Grimes Canyon Road, any common- shared driveways, all storm drains and ahansels, any fencing or walls within common areas, and any slope directly affecting drainage or residential street facilities. 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 i:mprovem ats for all areas adjacent to public and private roadways that are required to be landscaped. Should the Associations fail to maintain the Common Maintenance Areas, or any portion thereof, in a satisfactory manner, the Common Maintenance Areas, or portion thereof, shall be placed, at the City's option, in a City assessment district. The total cost Of formation of an assessment district or annexation to an existing assessment district and the maintenance provided by the assessment district for the areas described above, including the cost of converting irrigation systems or rather required work, shall be borne by the residential and golf course property owners, as determined by the City, within the entire Vesting Map No. 4928 area ppligable. The Applicant /Developer shall ,record a covenant to inform the purchaser of all of the affected lots of this potential action. CC &R's to Include Applicable Conditions of Approval 23. The CC &R's shall also include all Vesting Tentative Map, RPD Permit and CUP conditions of approval, that have been identified by the Director of Community Development for inclusion, as well as the required Design Guidelines for the RPD Permit. The final Design Guidelines for the RPD VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 Permit shall be approved by the Director of Community Development at the time of review of CC &R's for the residential development, which review shall occur prior to the submittal of the CC &R's to the State Department of Real Estate and any residential lot sales. The Homeowners' Associations shall be responsible for monitoring compliance with the approved Design Guidelines for all new construction and remodeling within the development. The Director of Community Development shall ensure compliance with the Design Guidelines through review of all Zoning Clearance and Administrative Permit applications for residential construction. Review of Draft CC &R's 24. 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 conditions of approval shall be highlighted in the copies of the CC &R's submitted for City review. Prior to sale of any lots, the CC &R's shall be approved by the State Department of Real Estate and then recorded. Approval by the City shall not be construed to mean that the City has any obligation to enforce CC &R's. Modification of CC &R's 25. The Homeowners' Associations may modify the CC &R's only to the extent that they do not conflict with the terms of approval of the Vesting Tentative Map No. 4928, RPD Permit No. 94 -1, and CUP No. 94 -1. Sixty (60) days notice must be given to the City of the intent to modify CC &R's. Further, it is the sole responsibility of the individual Homeowners' Associations to enforce the CC &R'B. Requirements to be Included in CC &R's 26. The following shall be included as requirements and limitations for construction in the CC &R's /Design Guidelines: a. 100 -Foot Basement: No use or structures of any kind or size, with the exception of drainage structures and infrastructure required by the City or other public agency, shall be allowed within the 100 - foot non - buildable, restricted -use easement, shown on the Vesting Tentative Map and required to be recorded in conjunction with Final Map approval. The landscaping within such easement shall be consistent with the Fire Hazard Reduction Program that is required to be prepared prior to recordation of Phase 1 of the Final Vesting Map (reference Ventura County Fire Prevention District conditions). b. California Administrative Code Requirements: All residential units constructed in the subdivision shall comply with Chapter 2 -53 of Part 2 and Chapter 4 -10 of Part 4, of Title 24 of the California Administrative Code. C. Barthquake Related Requirements: All habitable structures shall be designed according to the most recent Uniform Building Code (UBC) requirements to accommodate structural impacts from ground acceleration and maximum credible earthquake event. d. Drainage Between Lots: No structures, walls, or fences shall be erected which impede or restrict flow of drainage waters between lots. e. Roofing Materials: Use of wood or asphalt shingles as roofing materials shall be prohibited. VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 f. Energy Saving Devices: All residential units shall be constructed employing energy saving devices. These devices are to include, but are not limited to the following: i. Ultra low flush toilets (to not exceed three and one -half gallons); ii. Low water use shower controllers as required by Title 24 of the Uniform Building Code shall be placed on all shower facilities; iii. Natural gas fueled stoves, ovens and ranges shall not have continuous burning pilot lights; iv. All thermostats connected to the main space heating source shall have night set back features; V. To ensure closure when not in use kitchen ventilation systems shall have automatic dampers; and vi. Hot water solar panel stub -outs shall be provided. g. Exterior Building and Paint Colors: All exterior building materials and paint colors are to be compatible with the Design Guidelines and with adjacent development. h. Rain Gutters and Downspouts: Non - corrosive rain gutters and downspouts shall be provided on all sides of dwelling units. Water shall be conveyed to the street or drives, as determined by the drainage plan. i. Roof Equipment: All roof jacks and metal flashing shall be painted to match the roof color. Roof mounted equipment shall be prohibited. All deck drains shall drain to the side, not the front facing any private or public street. j. Solar Panels: Solar panels, such as for heating swimming pool(s), shall be subject to the approval of the Director of Community Development prior to the issuance of a Zoning Clearance. All solar panels shall be designed so as to be part of the overall design of the structure supporting it. k. Water Heater Vents: Water heater vents shall be located so as to not be visible from a front elevation viewpoint. 1. Stucco Finishes: Stucco finishes applied mechanically shall contain the smallest sand grit sizes feasible. Stucco finishes shall not be textured. The design objective of stucco application is to obtain a smooth trowel finish, to the degree feasible, without requiring hand troweling or dry - polishing during finish coat application. M. Asbestos Prohibited: No asbestos pipe or construction materials shall be used in the development of homes associated with this subdivision. n. Lighting Restrictions: Front and rear yard lighting restrictions shall be included to ensure compatibility with the surrounding rural neighborhoods. All exterior lighting shall be fully hooded and shielded. M. VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 o. Graffiti Removal: Any graffiti on Homeowners' Association maintained property shall be removed within five (5) days from written notification by the City of Moorpark. All such graffiti removal shall be completed to the satisfaction of the City. p. Maintain Tract and Basement Notification Signage: Any neighborhood identification signage and any required signs notifying residents of an easement for future street extension shall be maintained by the Homeowners' Association in perpetuity, or in the case of the easement notification sign, shall be maintained until such time that the road is extended or the easement is relinquished by the City. q. Dominant Street Tree: A coordinated tree planting program shall be developed which will provide a dominant street tree for each of the residential streets to provide aesthetic diversity within the development. r. Fire Protection Features: All structures adjacent to open space, around the perimeter of the project, shall be designed to satisfy at least a one hour fire - resistant rating. Such structures shall incorporate fire retarding features including, but not limited to, boxed -in eaves, reduced overhangs, double -paned windows, convection resistant roof design, non - combustible roofing material, and related design features. The County Fire Protection District shall review this component of the Design Guidelines prior to approval by the Director of Community Development. County of Ventura Computer -Aided Mapping System 27. The Final Map, including phased tract maps, shall be submitted in accordance with County Ordinance No. 3982, entitled "An Ordinance of the Ventura County Board of Supervisors Requiring New Subdivision Records to be Included in the County's Computer -Aided Mapping System and Establishing Related Fees." Condition Compliance and Environmental Quality Assurance Program Costs 28. The subdivider shall pay to the City 100 percent of all City and consultant costs for condition compliance review and mitigation monitoring. A deposit for implementation of an Environmental Quality Assurance Program (mitigation monitoring) shall be submitted prior to rough grading permit approval and approval of a Final Map for any phase. Park (Quimby) Fees 29. Prior to approval of each phase of the Final Vesting Map, the subdivider shall pay park (Quimby) Fees, consistent with City Subdivision Ordinance requirements. School District Fees 30. School District fees shall be paid prior to the issuance of building permits for individual phases of the project. Citywide Traffic Mitigation Fee 31. For all golf course lots the Applicant /Developer shall pay a Citywide traffic mitigation fee of $154,560 (calculated at $3,000 x 5.6 x 9.418 acres), prior to approval of a rough grading permit. For all single - family residential lots, the Applicant/ Developer shall pay a Citywide traffic mitigation fee of $3,000 for each dwelling unit, prior to issuance of a Zoning Clearance to allow plans to be submitted for building permit VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 plan check. The fees identified in this condition shall be adjusted annually (commencing one year from the date of approval of this Tentative Map) by any increase in the Consumer Price Index (CPI) until paid. The CPl increaso $hall be det*minsd by using the information provided by the U.S. Department of Labor, 'Bureau of Labor Statistics, for all urban consumers within the Los Angeles /Anabairat /RIverside metropolitan area during the prior year. The calculation shall be made using the month of January of each year. Air Oualitv Mitigation Fees 32. The Applicant /Developer shall pay an air quality mitigation fee of $811 per dwelling unit, prior to issuance of a Zoning Clearance to allow plans to be submitted for building permit plan check. Air quality mitigation fees for the golf courses shall be paid in three payments, with the first payment to occur prior to occupancy approval for the first golf course, and the second and third payments to be made one year and two years following the first golf course occupancy approval. The three golf course air quality impact fee payments shall be $42,998.94 for the first year, $44,531.54 for the second year, and $45,308 for the third year. General Grading Sequence 33. Rough and fine grading permits shall be required to complete construction of required residential and golf course infrastructure and lots: 1) a mass or rough grading permit nay shell be approved prior to recordation of Phase 1 of the Final Vesting Map, subject to submittal and approval of an early grading agreement, compliance with other conditions of approval, and provision of surety to guarantee implementation of the erosion control plan and completion of rough grading, construction of "C" Street and all related improvements including landscaping, construction of Walnut Canyon Road and Grimes Canyon Road improvements including required off -site improvements, construction of potable and reclaimed water line extensions and two water tanks, construction of sewer line extensions, construction of all required drainage improvements, and implementation and maintenance of habitat restoration (as required by the mitigation monitoring program); and 2) subsequent fine grading permits shall be issued for individual phases of the Final Vesting Map after recordation. Contour Gradino 34. Final fine grading plans must conform with the principles of contour grading. Manufactured landforms shall be contoured and daylight grading techniques shall be used to provide a smooth and gradual transition of graded and natural slopes, while preserving the basic character of the surrounding ridgelines of the site. Rough and fine grading plans for lots and golf courses shall be reviewed for compliance with these principles by the Director of Community Development and the City Engineer. Also, the grading plans shall indicate the manner in which the graded slopes shall be blended with the natural slope of the site. Stabilize Slopes 35. Planned vegetation, irrigation, structures, roadways, paths, and continuing maintenance programs shall be used to stabilize manufactured slopes. Aesthetic Treatment of Manufactured Slopes VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 36. Suitable quantities of trees massed near the landform crest and shrubs of varying sizes on graded slopes shall be used to screen structures and to soften the visual appearance of the graded slopes. Grading Restrictions for Easterly Residential Lots 37. ri ° i $x=61 ii�L� MARt that ♦ha hnpaaa nn I cat; ° 1 7 and 77 be ene stery :Fti, Foamimum height ef 26 feet, and that the landseape plan for lete 1, 2, 27, 29, 2 1 5T216, 2 18 ,mac- 9 ll s -i - _ & EJ yi: The rough and > >poeelee —e* fine gradinq plans shall he desiqued so as to accreen views of interior project grading and views of hogs frcxa Walnut Canyon Road to the satisfaction of the Director of ccomunity Developwnt and City Engineer, and shall conform with the principles of contour grading. Gateway Entrance Monumentation, Streetscape Standards, and Neighborhood Design Form 38. Both the eastern and western "C" Street entrances to the proposed project shall provide residential and golf course community entry monumentation, appropriate landscaping at entry points, and golf course signage. A sign program shall be submitted to the Director of Community Development for review and approval prior to the first residential or golf course occupancy. An orderly and consistent street tree planting program shall be required for both entranceways to provide a landscaping pattern that resembles a rural ranch entry road design. Trees shall be spaced at equal intervals or clustered as approved by the Director of Community Development. Recommended tree plantings for these entry points and along "C" Street shall include the non - natives typically used in ranch settings for entryways including pepper, eucalyptus, and olive trees. Other street tree plantings shall be consistent with the Ventura County Guide to Landscape Plans. The Director of Community Development shall review and approve all gateway, streetscape, and street tree planting programs for the project prior to fine grading permit approval, and all such landscaping for each approved phase shall be installed prior to the first occupancy for that phase. Ridge Setback and Planting 39. The eastern perimeter of the project shall be set back from the ridge system visible along Walnut Canyon Road to the satisfaction of the Director of Community Development. Landscaping around this ridge system, once it is restored, shall emphasize reestablishment of existing native and non - native habitat (such as naturalized ranch tree species). The landscaping program on the eastern perimeter shall emphasize restoration of the existing vegetation and on the west side, the program shall emphasize the use of variable sized, tree lined streets to minimize the adverse effects of the urban design planned along this perimeter. Temporary Irrigation for Erosion Control Landscaping 40. Temporary irrigation shall be provided for all non permanent erosion control landscaping until it is replaced with permanent irrigation unless otherwise approved by the Director of Community Development. Temporary irrigation must be replaced with permanent irrigation prior to issuance of a Zoning Clearance for the first building unless drought tolerant plants selected do not require permanent irrigation. rainage Between Lots VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 4.1. Gross lot drainage shall not be allowed; all lots shall drain directly to an approved drainage system. Drainage Structures 42. Concrete drainage structures shall be tan colored concrete and, to the extent possible, shall incorporate natural structure and landscape to reduce their visibility. Use of Berms to Screen Views of Parking Lots 43. For golf course lots 218 and 220, graded berms shall be constructed along all parking areas abutting any street or residential lot to act as a screen. Except as otherwise provided as a condition of CUP -94 -1, the berms shall have a maximum height of 4 feet and a minimum height of 3 feet and shall be landscaped, as approved by the Director of Community Development. Surety for Rough Grading 44. A rough grading permit shall not be approved untilt 1) an early grading agreement a,s approved and signed by the City Manager; and 2 ) the City Engineer and the Director of Community Development approve the acceptance of a Performance Bond to guarantee implementation of the erosion control plan and completion of tho rough grading; construction of "C" Street and all related improvements including landscaping; construction of Walnut Canyon Road and Grimes Canyon Road improvements, including required off - site improvements; construction of potable and reclaimed water line extensions and two water tanks; construction of sewer line extensions; construction of all required drainage improvements; and implementation and maintenance of habitat restoration (as required by the mitigation monitoring program). In the case of failure to comply with this condition, the City Council may by resolution declare the surety forfeited. Upon completion of rough grading and erosion control plan compliance to the satisfaction of the City, and following recordation of all phases of the Final Vesting Map, the City Council may reduce the amount of the bond; however, the bond must be kept in full force and effect for a minimum of one year following rough grading to ensure adequate erosion control and revegetation. Surety for Common Maintenance Area Improvements 45. No Zoning Clearance shall be issued for grading or other construction activities until all "C" Street Common Maintenance Area improvements specified in the conditions of approval for this permit and Vesting Tentative Map No. 4928 have been provided or the Director of Community Development approves the acceptance of a Performance Bond to guarantee the construction, installation, and maintenance of "C" Street Common Maintenance Area improvements including, but not limited to perimeter tract walls (including stucco treatment), fences, median and parkway landscaping, slope planting, irrigation, and other landscape improvements. Required improvements shall be completed prior to the first golf course or residential occupancy approval. In case of failure to comply with any term or provision of this condition, the City Council may by resolution declare the surety forfeited. Upon full completion of the required improvements to the satisfaction of the City, the City Council may reduce the amount of the bond; however, the bond must be kept in full force and effect for one year after the last golf course or residential occupancy, whichever occurs latero to guarantee that items such as, but not limited to, perimeter tract walls, including stucco treatment, landscaping, fences, slope planting or other landscape improvements are maintained. 10 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 Reclaimed Water Requirements 46. Reclaimed water shall be used for all public and private common area landscaping and for golf course irrigation. Prior to occupancy approval for both golf courses, the Director of Community Development shall approve in writing the percent of potable water to be blended with reclaimed water for the golf course greens. Prior to rough grading permit approval, the City Engineer shall require surety for the construction of the reclaimed water facilities and infrastructure. Reclaimed water shall be available to the golf courses and public and private Common Maintenance Areas prior to commencement of irrigation for permanent landscaping. Tree Report 47. Prior to approval of Phase 1 of the Final Vesting Map, the Tree Report for the project area shall be completed to determine the health and replacement value for all mature and oak trees as required by the City Municipal Code and to clearly identify the location of trees that will be impacted and any that can be saved. Landscaping Requirements 48. Prior to rough grading permit approval, complete landscaping and irrigation plans (2 sets), together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect for the Common Maintenance Areas for "C" Street. The landscaping and irrigation plans for the Common Maintenance Areas for the residential development shall be prepared prior to recordation of the applicable phase of development. The landscaping and irrigation plans for the golf courses and clubhouse area shall be prepared prior to recordation of Phase 1 of the Final Vesting Map. All landscaping and irrigation plans shall be generally in accordance with the Ventura County Guide to Landscape Plans, and shall be submitted to the Director of Community Development for review and approval. The subdivider shall bear the cost of the landscape plan review, installation of the landscaping and irrigation system, and of final landscape inspection. All tree replacement, common area landscaping, and permanent erosion control landscaping shall be installed and receive final inspection prior to issuance of an occupancy approval for the first residential unit or golf course in each phase, as applicable, with the exception that all streetscape landscaping shall be completed within 90 days of completion of the related course street base. Planting and irrigation specifications shall be included for all manufactured slopes over three (3) feet in height, and all Common Maintenance Areas proposed to be maintained by the Homeowners, Association. The purpose of the landscaping shall be to control erosion, prevent aesthetic impacts to adjacent property owners, mitigate the visual impacts of all manufactured slopes three (3) feet or more in height, replace mature trees lost as a result of construction, and provide a landscaping pattern along the streets and entranceways that resembles a rural ranch design. The Landscaping and Irrigation Plans shall include landscaping specifications, planting details, and design specifications consistent with the following requirements: a. Irrigation: Irrigation shall be provided for all permanent landscaping identified in the approved landscape plan. The subdivider shall be responsible for maintaining the irrigation system and all landscaping until such time as a Homeowners' Association, assessment district, or similar entity approved by the City accepts the responsibility. 11 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 b. Tree Report: The information contained in the Final Vesting Map No. 4928 Tree Report, regarding which trees are to be saved or retained on the site, shall be noted on the landscape plan. C. Tree Replacement: The landscape plan for "C" Street and the entranceways at Walnut Canyon and Gabbert Canyon Roads shall specify how trees removed during the rough and fine grading phases of the project will be replaced in accordance with Municipal Code requirements. d. Streetscape Elements: The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths within the project limits. e. Streetscape !Appearance: All landscaped pedestrian walkways shall be designed to provide an aesthetically pleasing streetscape appearance and shall be subject to approval of the Director of Community Development. All pedestrian walkway plans shall conform to conditions of approval. f. Tree Planting: A sufficiently dense tree planting plan emphasizing tall growing trees and /or shrubs shall be designed. Planting shall be planned to achieve shade and screening in a three (3) to five (5) year time period. A minimum of 25 percent of the trees shall be 24- inch box size and a minimum of 25 percent shall be 36 -inch box size. In addition, recommendations regarding planting, that are included in the mitigation monitoring program, shall be incorporated to the degree feasible into the screening plan. The size of the trees to be planted shall be subject to approval of the Director of Community Development. g. Dominant Street Tree: A coordinated tree planting program shall be developed for all Common Maintenance Areas. Dominant street trees shall vary between residential streets to provide aesthetic diversity within the development. h. Landscaping Near Intersections: Landscaping at site entrances and exits and at any intersection within the development shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. i. Landscaping Within Median and Parkways: Landscaping within any median or parkway shall be designed so as to not obstruct the view of any exterior door or window from the street. j. Trees Prohibited Under Street Lights: Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. k. Equipment Screening: Backflow preventers, transformers, or other exposed above grade utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and /or a wall. 1. Malatenanee and_Replaomoaai i ci ^r to Hetllee,44pnef8' Asseeiatien� aossooffient l ..t i t..'a pt n of i b' l i t.. -a -oo � _o�. e e €eE the landseaping, the shall replaee any dead plants with the landscape plan app a feE the bd ' L��•crrvr-CT.G-- DaD�t. tstVnT M. lopes Adjacent to Grimes Canyon Road: A restriction and /or covenant in a form satisfactory to the City 12 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 Attorney shall be placed on lots 133 -135, 142, 143, 157, 158, and 161 prohibiting any deck, patio, gazebo, or other structure on the slope adjacent to Grimes Canyon Road. Prix- to Final Map appreval for any phase, the applisant shall pEevide an 1-r-reve-e-able 0--f-fe-9 at an easement to the Gity for the purpose ef maintaining� -1 lags i the tr-aet, the developer shall be reopensible f^'^ ..ainteena■ee of all Bush BlepeB fee one additional year. Sheuld a" en the slope in a Batis €aetery manner s- determined - t them=e o- i At; Mh a% o°vdl voo of the maintena led by the AsBesvis.ent Bistriet shall be Berne by the let within t` e- Qr —Prier to reeesdatien of the Final Map, an saoeffient the Maintenanse Areas shall be iEreveeably a€ €erect to the Gity -€er- afiitenanee poEp ses• The iFeigatlea fe.- the identified f: ed slop shall be designed in a manner to allow them to be eenyerted to jelfit system in the event the Gity lavokes the need- t-;Q- establish all AeseeBmeat Distriet €8V !an$Beape maintenanee and drainage purpeaes 2!h i g ahali i ncal ude the entensien e€ the main water- --r-r-igatien 14ne adjaeent to the Street eight of elud: a to and e, etr .l st t hahind -the e- lo..alk car shoulder for f -if Agbacind The applieant shall reeerd a eevenant to in€erffi the-- puiaehaser e€ aavh 6€ thia affanted let.+ of this Potential Antion o. and Replacement: Until one year after occupancy of the final residential unit LA the tract or gulf course ©cCupancy, whichever occurs later, the Applicant /Developer shall be responsible for maintenance of the Common maintenance Areas. Prior to Homeowners' Association, or aAsessment di.etrict, or similar entity's acceptance of responsibility for the landscaping, the Applicant /Developer shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the subdivision. p. Native and /or Drought Tolerant Plantings: The use of native and /or drought - tolerant shrubs and trees shall be utilized for landscaping purposes in order to stabilize graded slopes and encourage the return of some wildlife species displaced from the project site as a result of grading activities. Any turf plantings shall also be drought tolerant, low water -using varieties. q. Exotic Plants Prohibited: Exotic plants which are known to spread beyond their original plantings and invade native habitats such as Pampas Grass, Spanish Broom, and Tamarisk shall not be used. 13 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 Noise Manaaement 49. The interior noise levels of dwelling units on lots bordering Walnut Canyon and Grimes Canyon Roads shall conform with the noise insulation standards of Chapter 1, Article 4, Section 1092 of Title 25 of the California Administrative Code. Noise source levels shall be based upon the traffic volumes projected for the Year 2010 along Walnut Canyon and Grimes Canyon Roads, as predicted in the traffic technical report in the environmental document for this project. Determination as to whether the architectural design for these dwelling units complies with this condition shall be made by the Building Department and Director of Community Development prior to the issuance of building permits. Non - Buildable, Restricted -Use Easement (Agricultural /Land Use Buffer) 50. The developer shall provide a minimum 100 foot width non - buildable, restricted -use easement, that may be recorded as a conservation easement, along the entire perimeter of the area covered by Vesting Tentative Map No. 4928. This easement is to serve as the 100 -foot fuel modification zone for fire prevention and as an agricultural and land use buffer. Only landscaping consistent with a required Fire Hazard Reduction Program (reference Fire Prevention District conditions) shall be allowed within the easement. No structures of any kind or size, with the exception of drainage structures, fencing /walls, and infrastructure required by the City or other public agency, shall be permitted within the easement. Recordation of said easement shall occur coincidentally with recordation of Phase 1 of the Final Vesting Map. This easement shall be illustrated on all subsequent recorded maps for phased residential development. Easement Prohibiting Future Residential Development in Golf Course Areas 51. By approving the Moorpark Country Club Estates Project, the City has allowed the available residential density for the golf course acreage to be transferred to clustered residential areas, shown as lots 1 through 216 on the Vesting Tentative Map. To ensure that the golf courses are not proposed for residential development in the future, in conjunction with recordation of Phase 1 of the Final Vesting Map, the subdivider shall record an easement prohibiting future development of residential dwelling units within any of the golf course acreage, shown as lots 217 through 220 on the Vesting Tentative Map. Dedication of Future Road Easement 52. An offer of dedication shall be made for a 56 -foot future road easement from the terminus of "D" Court to the property line, as shown on Sheet 2 of the Vesting Tentative Map No. 4928. The subdivider for that phase shall install a sign notifying residents that there is a dedicated easement for a future road extension. The Homeowners' Association is required by a separate condition of approval to maintain the sign in perpetuity, or until such time that a future roadway is constructed or the easement is relinquished by the City. Deed Restriction 53. The subdivider shall record a deed restriction intended to inform all Prospective buyers of residential lots of the restrictions of the 100 -foot non - buildable, restricted -use easement and of the adjacent agricultural operations. Prior to issuance of a Zoning Clearance for the first residential structure, the subdivider /developer shall submit to the Director of Community Development proof of said deed restriction recordation and homebuyer acknowledgment. 14 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 Multi -Use Trail Easement 54. The Final Vesting Map shall identify a 20 -foot width multi -use trail easement as shown on the Tentative Map, and include a typical section. It shall also include an irrevocable offer of dedication for the easement and an irrevocable offer of dedication for public purposes for Lot 217, the trail staging area. All phases of the Final Map shall show the location of the multi -use trail easement. Prior to approval of Phase 1 of the Final Vesting Map, the subdivider shall be required to provide a ten -year surety for trail construction, as determined by the City to include required grading, surfacing, landscaping, fencing, and trail staging area improvements. Parking Requirements 55. To allow compliance with the Zoning Code golf course parking requirements, the first phase of the Final Map shall reflect a revision to the lot lines for lots 218 and 220 to provide a minimum of 50 percent of the parking requirements on -site, within lot 218 (31 parking spaces based on approved site plan /floor plan). In addition, prior to occupancy approval for the east golf course, a copy of a reciprocal access easement and recorded lease, allowing the east golf course to use 30 parking spaces on the west golf course lot shall be submitted to the Director of Community Development to provide that the off -site parking will exist as long as the use it serves. Location of Perimeter Property Line Fencina /Walls 56. A Perimeter Boundary Fencing and Wall Plan is required to be submitted, for Director of Community Development approval, prior to approval of the first phase of the Final Vesting Map. The perimeter boundary fencing /wall plan shall include the type, height, and location of all fencing and /or walls to be installed along the perimeter of the entire project site and along "C" Street and within the "C" Street parkway. Boundary perimeter fencing or walls shall be installed prior to the first residential or golf course occupancy in each phase. Perimeter boundary fencing BE 8 feet in heightr shall be a minimum of S feet in light and shall be installed by the Applicant /Developer adjacent to agricultural zoned property prior to the first golf course occupancy approval or first residential occupancy approval north of "C" Street, whichever occurs first, and shall represent a substantial barrier to discourage vandalism and trespassing. The Director of Community Development may approve high - quality chain link fencing adjacent to agricultural properties in locations where such fencing would not be visible from the public right of way or the adjacent residential pads. In all other perimeter locations, not adjacent to agracul,tural zoned property, either wrought iron fencing, a block wall, or a combination 'shall be provided, as determined by the Director of Community Development in the Perimeter Fencing and Wall Plan. 57. All property line walls or fencing shall be constructed consistent with RPD Permit and CUP requirements, and shall be no further than one inch from the property line. Lightina Restrictions 58. All exterior lighting shall be fully hooded and shielded. Street Lighting Standards 59. Street lighting standards shall be as specified by the City Engineer and the approved mitigation monitoring program, and shall be incorporated into the project photometric plans. Entrance lighting along project access 15 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 roads shall be compatible with the surrounding rural neighborhoods. Low intensity night lighting shall be required within the streetscape; however, at intersections, brighter lighting complying with County and City intersection safety standards shall be required. Water Tanks 60. Prior to approval of Phase 1 of the Final Vesting Map, the subdivider shall work with Waterworks District No. 1 to ensure that any water tank on the project site shall be painted an earthtone color, such as tan, and screened with an earthen be= and drought tolerant landscaping to minimize visual impacts. The tank color and landscaping plan shall be approved by the Director of Community Development prior to installation. An irrigation system shall be established f*r the landscaping; however, irrigation can be discontinued after landscaping has become established and irrigation water is no longer regxired, upoA warItten approval by the WX*ctOr Of G<xmunity ;Development. Callequas Municipal Water District 61. Prior to approval of each phase of the Final Vesting Map, the subdivider shall demonstrate by possession of a District Release from the Callequas Municipal Water District that arrangements for payment of the Construction Charge applicable to the proposed subdivision have been made. The subdivider shall comply with Ventura County Waterworks District No. 1 Rules and Regulations, including payment of all applicable fees for domestic water sources. Waterworks District No. 1 62. Prior to recordation of any Phase of the Final Vesting Map, an unconditional availability letter shall be obtained from the County Waterworks District No. 1 for sewer and water service for each lot. Said letter shall be filed with the Department of Community Development or, if said Unconditional Availability Letter in a form satisfactory to the City cannot be obtained from the County Waterworks District No. 1, the developer shall execute a Subdivision Sewer Agreement in a form satisfactory to the City. Said agreement shall permit deferral of unconditional guarantee for sewer and water service until issuance of a building permit for each lot in the subdivision. Said agreement shall include language holding the City harmless against damages in the event of the ultimate lack of adequate water or sewer service. Water Well Relocation or Modification 63. Relocation and /or modification of the existing wells on the property shall be subject to the approval of Waterworks District No. 1 and the Director of Community Development. Screening and noise attenuation shall be required around the perimeter of the throe well I*ta, including, but not limited to, walls dnd /or an earthen berth, and landscaping. The well screening and relocation plan shall be submitted for Waterworks District No. 1 and Director review and approval prior to City approval of any grading permit. Permanent irrigation shall be provided for landscaping for compatibility with golf course landscaping. Cross Connection Control Devices 64. At the time water service connection is made, cross connection control devices shall be installed on the water system in a manner approved by the County Waterworks District No. 1. Television Cable Service 16 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 65. Television cable service shall be provided to all residential units and the golf course clubhouses) consistent with City cable system requirements. Undergrounding cable wires is required and no lines shall be allowed to be extended along the exterior walls of structures. Undergrounding of Utilities 66. Prior to approval of any phase of the Final Vesting Map, the subdivider shall post sufficient surety to assure that all proposed utility lines designed to serve the proposed project, both within and immediately adjacent to the project site, shall be placed underground to the nearest off -site utility pole. All existing utilities shall also be undergrounded to the nearest off -site utility pole with the exception of 66 KV or larger power lines. This requirement for undergrounding includes all above - ground power poles on the project site as well as those along the frontage of the site adjacent to Walnut Canyon and Grimes Canyon Roads. The subdivider shall indicate in writing how this condition will be satisfied. Declaration of Public Nuisance 67. The continued maintenance of the Common Maintenance Areas shall be subject to periodic inspection by the City. The Applicant /Developer or responsible Homeowners' Association, or similar maintenance entity, shall be required to remedy any defects in landscape maintenance, as indicated in writing by the City, within five (5) days after notification. The Director of Community Development may declare a development project or individual property that is not in compliance with the Conditions of Approval, or for some other just cause, a "public nuisance ". The eebdiideL- Appli.Gant /Deve lope r, Homeowners' Association, or each individual property owner, as applicable, shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the Conditions of Approval or applicable codes. The City may enact special assessment proceedings against the parcel of land upon which the nuisance existed to pay all City costs related to abatement of the nuisance (Municipal Code Section 1.12.080). Biological Resource Preservation 68. The existing on -site Valley Needle Grassland habitat shall be preserved within the golf course property, or prior to the first golf course occupancy approval, replacement /creation of up to a total of 3.9 acres of the Valley Needle Grassland habitat shall be provided within one or more protected areas of either the east or west golf courses, as approved by the Director of Community Development, and shall be maintained by the golf course operator(s). 69. Prior to rough grading permit approval, the project site plan shall be modified to clearly identify areas of dedicated open space within which native habitats shall be retained or restored. Approximately 2 acres of lot No. 217 shall be set aside for native habitat restoration. The restoration shall occur prior to occupancy approval for either golf course. Any other proposed uses for lot No. 217 shall require a Modification to CUP -94 -1. As required by the Multi -Use Trail Easement condition, the Final Vesting Map shall include an irrevocable offer of dedication for public purposes for lot No. 217 to the City. 70. Prior to issuance of building permits for golf course construction, the Applicant /Developer shall fund a $60,000 Venturan Coastal Sage Scrub Community research program to be managed by the City. The purposes of this program shall be to accurately map the remaining distribution of this 17 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 community, to study its soil requirements, plant ecology, and wildlife associations, to provide management advice on the community for agencies and private individuals, to raise funds for the purpose of acquiring lands where met remnant stands of the community exist, and to provide guidance about restoration or propagation of the community. The research program shall include a study of the ecological issues related to the management of the community. Provision must be made for disseminating the results of the study. Research programs shall be performed only by qualified professional botanists, wildlife biologists, or other relevant researchers as determined by the Director of Community Development. 71. Prior to the issuance of building permits for the golf courses, the Applicant /Developer shall fund a $30,000 sensitive species research program to be managed by the City. The purposes of this program shall be to study how best to assist in providing adequate marginalized habitats in areas of urban encroachment for sensitive species that are predicted to occur within the Moorpark Country Club Estates property and surrounding area. The program shall include an updated inventory of sensitive species occurring in the Moorpark area. Recommendations shall be made to provide modifications to the Moorpark General Plan Open Space, Conservation, and Recreation Element to improve the accuracy of the existing inventory of native fauna. Management suggestions designed to permit at least the marginal survival of native wildlife shall be provided. The study shall also provide management advice on native fauna for agencies and private individuals. Provision must be made for disseminating the results of the study. Research programs shall be performed only by qualified professional botanists, wildlife biologists, or other relevant researchers as determined by the Director of Community Development. 72. Native plants shall be used in the restoration of areas disturbed by the construction of the project. The City shall monitor the use of native plants through the review and approval of all project landscape plans. 73. Prior to issuance of grading or building permits for either golf course, the City shall verify that provisions are included in the golf course construction and landscaping plans for the creation of two artificial freshwater springs, which shall be established along the western Gabbert Canyon Creek riparian corridor. The location of these artificial springs shall be designated by a qualified vertebrate biologist and botanist, retained by the City at the Applicant /Developer's expense. These artificial springs shall be maintained to provide year round flows of appropriate water volumes (similar to existing springs in the region). The created spring systems shall be designed to reproduce the conditions present at the existing natural springs in the region. The springs shall be appropriately revegetated with native plants (Typha sp., Scirpis sp., and Salix sp.) and other stream side plants common in the region. The springs shall not be developed within 500 feet of any proposed trail system. 74. Prior to the issuance of grading or building permits for the golf course facilities, the City shall verify that provisions are included in the construction and landscaping plans for the restoration of riparian canopy within an area occupying a minimum of 10 acres of woodland riparian habitat. The landscape plan and subsequent monitoring shall require the successful establishment of the following species and plant quantities: Species Quantity: Alnus rhombifolia (Alder) Acer negundo Subsp. (Box Elder) Platanus racemosa (Sycamore) Salix lasiolepis (Arroyo Willow) Sambucus mexicana (Elderberry) Juglans californicus (Walnut) Quercus agrifolia (Live Oak) 18 15 10 40 40 20 20 30 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 Trees shall, at a minimum, be 5 gallon container specimens (except for willows, which shall be 1 gallon container specimens) or bare root at the time of planting with a height of 7 feet from the root crown to the top branch. The restoration program in drier areas shall be coordinated with the establishment of artificial springs (required by preceding condition). A long -term supply of fresh (or reclaimed) water shall be provided to assure the perpetuity of the plants. Adequate root guard protection shall be provided to reduce mortality from rodent activity. All mature riparian species trees identified in the tree report for the project shall be preserved. Buffer Zone 75. A buffer zone approximately 25 feet wide, measured from the top of the bank, shall be maintained adjacent to each side of all protected drainages identified in the Certified Final EIR Biological Constraints Map. This buffer is designed to protect these areas from impacts resulting from the proximity of project - related activities. This buffer shall be subject to the following policies: a. The exact location of this buffer zone shall be determined by the Community Development Director in consultation with an independent biologist. b. This buffer zone shall be identified and staked to the satisfaction of the Director prior to grading operations. C. No physical alterations other than revegetation shall be allowed within this buffer zone unless an independent biologist, approved by the City and funded by the Applicant /Developer, has certified that such work would not damage the integrity of the buffer. Prohibited activities generally include: grading, cut, fill, clearing, landscaping, storage of equipment and materials, vehicular parking and irrigation (except for the establishment of native plants). Required flood- control improvements and bank protection are exempt from this requirement. Mature Tree Protection Requirements 76. This project shall not initially remove any mature tree protected under the City Tree Protection Ordinance. Damage or removal of any protected tree by this project shall be subject to the provisions of the Tree Protection Ordinance: a. No grading or other activity (e.g., equipment and material storage, parking, etc.) shall occur within the driplines on protected trees. To ensure this, temporary protective fencing shall be installed at least one foot outside the dripline of every such tree prior to grading. b. Grading and other activities may occur between the dripline and 10 feet beyond the dripline of every protected tree only if the project appointed City Arborist first conducts a field survey of the situation and certifies to the City that the protected tree will not be damaged by the proposed activity. In addition the Arborist shall monitor these activities while they occur to ensure that the protected tree is not damaged. C. Prior to grading, the grade subject to review by the Arborist shall be staked and otherwise marked as off - limits for activities not previously approved by the Arborist. Also, the off -limit areas 19 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 shall show on the approved grading plan with notes to the grading contractor on the face sheet of the approved grading plans. d. Prior to grading, the Arborist shall tag and evaluate the health of every protected tree on the site, and develop a program of treatments to ensure the long -term health and survival of the trees. The results of this study shall be approved by the Community Development Director prior to start of grading or land clearing of any kind. Cultural Resource Mitigation Planning 77. A cultural resource monitoring program shall be instituted during the initial vegetation clearance for the project. The Applicant/Developer shall 'fund the cost for the city to hire an archaeologist to accomplish this Monitoring as a component of the VQAP mitigation monitoring. The purpose of this monitoring program is to determine if any significant deposits not identified during the Phase I survey exist within the project boundary. The monitoring shall be limited to the initial vegetation clearance phase of the rough grading program. If cultural deposits meeting the significance criteria defined in CEQA Guidelines are encountered, limited data recovery shall be conducted. The costs of this data recovery shall be limited as defined in Appendices to CEQA Guidelines. Chumash representatives shall be actively involved in the monitoring and any subsequent phases of the project mitigation program. Participation shall include monitoring of archaeological investigations, construction monitoring, and data analysis. Paleontological Data Recovery 78. Prior to issuance of a Rough Grading Permit, a Paleontological Mitigation Plan, outlining procedures for paleontological data recovery, shall be prepared and submitted to the Director of Community Development for review and approval. The development and implementation of this Plan shall include consultations with the Applicant /Developer's engineering geologist. The monitoring and data recover work shall be performed by a qualified paleontologist . The Applicant /Developer shall fund tho cost for the City to hire a qualified pa1eo0tologist to accomplish this monitoring as a component of the SQAP mitigation monitoring. The data recovery should include periodic inspections of excavations and, if necessary, fossil data recovery should be performed to recover exposed fossil materials. The costs of this data recovery shall be limited to the recovery of a reasonable sample of available material. The interpretation of reasonableness shall rest with the Director of Community Development. Water Quality Mitigation Planning - Integrated Golf Course Management (IGCM) Plan 79. Prior to rough grading permit approval, the Applicant /Developer shall prepare and submit to the City for review and approval an Integrated Golf Course Management (IGCM) Plan to address water quality impacts of the golf courses; or preparation of the IGCM Plan may be deferred to prior to Zoning Clearance for a building permit for the first golf course, if an interim drainage plan is approved by the City Engineer. The intent of this requirement is that the permanent drainage plan shall be designed to be in conformance with the IGCM Plan. The conditions of approval for CUP - 94-1 specify further requirements for the IGCM Plan. State Devartment of Fish and Gate Notice of Determination Filing Fee 80.. Within two days after the City Council adoptions of a resolutions approving General Plan Amendment No. 94-1, Vesting Tentative Map No. 4428, RPD Permit No. 84.1, and CUP No. 94 -1, the applicant shall, submit to the City 20 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 of Moorpark a check for $875.00, payable to the County of Ventura, to comply with ` Asseaabl.y Bill 3158, for the management and protection of statewide fish and wL14Ufe trust''rosourcos. Pursuant to Public Resources code section 21089 ' (b) and rksh and Game Code section 711.4 (c } , the project is not operative, vented or final until the filing fees are paid, II. CITY BNGINBRR CONDITIONS OF APPROVAL PRIOR TO FINAL MP APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED: General Recruirements 81. All residential areas to be commonly maintained by a Homeowners' Association, as determined by the City, shall be designated as separate lettered lots on each phase of the subdivision map. 82. Recorded Final Maps for each phase of the Vesting Tentative Tract Map (reference Sheet 4 of Tentative Tract 4928) for the project shall be permitted subject to the following applicable conditions of approval the appreved development agreement. Each Phase of the Final Map may be filed concurrently or in sequence. Phasing shall be in substantial conformance with Sheet 4 of the approved Vesting Tentative Map. Deviations in the numerical map recording and construction sequence must be approved by the City Council. 83. For each phase of the Final Map, the subdivider shall submit to the City of Moorpark for review and approval, a rough grading plan, consistent with the approved Vesting Tentative Map, prepared by a Registered Civil Engineer. The subdivider shall enter into an agreement with the City of Moorpark to complete the improvements required for each Phase of the Map and shall post sufficient surety guaranteeing completion. A single rough grading plan will be accepted, in lieu of multiple rough grading plans for each individual phase, upon approval of the City Engineer. 84. The subdivider shall submit to the City Engineer, for review and approval, a phased grading schedule. The schedule shall have an exhibit which delineates the rough and fine grading stages and shows the timing associated with each phase of grading. Any modifications to the schedule must be approved by the City Council. 85. Upon approval of the Final Map, requests for rough grading permits will be granted in accordance with the approved phasing plan (Sheet 4 of Vesting Tentative Map No. 4928), as required of these conditions and local ordinance. Requests for a rough grading permit, prior to City Council approval of a Final Map for recordation, will be permitted provided that the subdivider enters into an early grading agreement with the City, as approved by the City Manager, and provides sufficient surety as required by these Development's conditions of approval. Subsequent mar fine grading permits shall be issued upon completion of rough grading and review and approval of fine grading plans for individual phases of the Final Map. 86. Concurrent with submittal of the rough grading plan an erosion, debris /siltation and dust control plan shall be submitted to the City for review and approval by the City Engineer. The design shall include measures for hydroseeding and temporary irrigation on all graded slopes within 30 days of completion of grading unless otherwise approved by the City Engineer. Reclaimed water shall be used for dust control during 21 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 grading, if available from Waterworks District No. 1 at the time of grading permit approval. 87. The grading plan shall provide that graded slopes be hydroseeded or permanently landscaped within forty-five (45) days of completion of rough grading. The City may specify alternate deadlines for completion of all hydroseeding and /or erosion control measures, based on the grading schedule and installation of permanent landscaping, as approved by the City Engineer and Director of Community Development. 88. The subdivider or subsequent developers shall prepare an Erosion and Sediment Control Plan to address construction impacts and long term operational effects on downstream environments and watersheds. This plan shall be prepared by a California registered Civil Engineer. Proposed management efforts shall include (but not be limited to) construction of debris and detention basins in the Gabbert Canyon watershed, provisions for the use of vegetative filtering enhanced by creek bed reconstruction, preparation of detailed erosion /sediment control plans, appropriate use of temporary debris basins, silt fences, sediment traps and other erosion control practices. The proposed plan shall also address all relevant National Pollutant Discharge Elimination System (NPDES) requirements and recommendations for the use of best available technology. The Erosion and Sediment Control Plan shall be reviewed and approved by the City Engineer prior to the issuance of grading permits for rough grading. 89. The Erosion and Sediment Control Plan (ESCP) shall provide that temporary erosion control measures be used during the construction process to minimize water quality effects. Specific measures to be applied shall be identified in the project Erosion and Sediment Control Plan. The following water quality assurance techniques shall be included: a. Minimize removal of existing vegetation. b. Provide temporary soil cover, such as hydroseeding, mulch /binder and erosion control blankets, to protect exposed soil from wind and rain. C. Incorporate silt fencing, berms, and dikes to protect storm drain inlets and drainage courses. d. Rough grade contours to reduce flow concentrations and velocities. e. Divert runoff from graded areas, using straw bale, earth, and sandbag dikes. f. Phase grading to minimize soil exposure during the October through April storm period. g. Install sediment traps or basins. h. Maintain and monitor erosion /sediment controls. i. The subdivider (or successors of interest) will ensure that construction activities include proper management and disposal of concrete and other masonry wastes, paint solvents and rinse wastes, vehicle fuel and maintenance wastes (including oil), and other construction debris. This will minimize exposure of these materials to storm water and transport to the drainage system. 90. To minimize the water quality effects of permanent erosion sources, the following design features shall be incorporated into the project grading plan to the degree determined necessary by the project civil engineer. 22 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 The City Engineer shall review and approve the grading plan to verify compliance with water quality enhancement features including: a. installation of drainage swales, subsurface drains, slope drains, storm drain inlet /outlet protection, and sediment traps; b. installation of check dams to reduce flow velocities; C. installation of temporary and permanent desilting basins; d. planting of permanent vegetation, including grass -lined swales; e. Installation of drainage courses and storm drain outlets designed to reduce scour; 91. Sediment yields in the watersheds within the project boundary shall be computed for pre - development and post - development conditions in accord with methods outlined in Erosion and Sediment Yields in the Transverse Ranges, Southern California (United States Geological Survey, 1978). These estimates of sediment yield shall be completed prior to initiating final design of modifications to the existing debris basin facility situated in the Gabbert Canyon Drainage, south of the project boundary or any other necessary facilities as described in the approved ESCP. 92. The grading permits issued for the development shall require maintenance schedules for earthmoving equipment and documentation of proper disposal Of used oil and other lubricants. The subdivider shall obtain all necessary NPDES related permits prior to City issuance of the initial grading permit for the project. 93. A Master Drainage and Flood Control Improvement Plan (FCIP) shall be prepared which identifies all required drainage and flood control improvements necessary to implement the proposed project. This plan shall be prepared in consultation with the Moorpark City Engineer and the Ventura County Flood Control District to facilitate required interagency coordination. The plan shall identify all major improvements and typical drainage facilities for both residential and golf course portions of the project. The capacity, location, and size of all culverts, collection devices, energy dissipaters, and related improvements shall be designed to the satisfaction of the City Engineer and Flood Control District. Capacity details for the construction of the on -site detention basins and improvement of the existing debris basin in Gabbert Canyon shall be included in the FCIP. All applicable Flood Control District permits required to implement the FCIP shall be obtained from the County Flood Control District prior to City issuance of a permit for rough grading. No rough grading permit shall be issued until the FCIP is completed. The FCIP shall identify what improvements must be completed coincident with the initiation of rough grading. 94. if required by the FCIP, improvements to the permanent debris basin in the Gabbert Canyon watershed shall be made, which will be sufficient to reduce estimated sediment generation to pre - development levels. Modifications to this debris basin shall be made in conjunction with commencement of rough grading operations for the proposed golf courses. The design of modifications to this basin shall be reviewed and approved by the Ventura County Flood Control District. All improvements to the basin shall be completed prior to the first rainy season to occur after rough grading has commenced. Any required offsite City and County contribution fees for future drainage improvements shall also be made at this time. Implementation of these off -site project drainage mitigation measures and construction of off -site drainage improvements are subject to review and approval by the City Engineer and the Ventura County Flood Control District. The City Engineer and the Ventura County Flood Control District 23 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 may approve alternative on -site methods to fully mitigate project drainage impacts. 95. If required by the FLIP, Gabbert Canyon debris basin maintenance shall be provided under an agreement satisfactory to the Flood Control District. An improvement and maintenance cost agreement between the Applicant/ Developer and the District shall be required prior to the issuance of initial grading permits or recordation of the Final Tract Map (whichever occurs first). 96. A Bank Protection Plan (BPP) shall be prepared to address potential hazards to residences and components of the golf course situated within the potential hazard limits of Gabbert Canyon Creek. This Plan shall be prepared after review and approval of the FCIP. The bank protection devices incorporated into this (BPP) shall, to the degree feasible, emphasize the use of "soft" surface improvements (such as gabions, erosion control matting, buried retention features, and similar devices) to minimize modifications to the existing channel. 97. Potential locations for hazard remediation shall be identified on the (BPP). Modifications to the BPP, required by the City Engineer or the Ventura County Flood Control District, shall be made as requested. The BPP shall also be reviewed by the Department of Fish and Game for compliance with 1603 Permit requirements. An approved BPP shall be completed prior to approval of the first phase of the Final Map and prior to issuance of any grading permits. 98. The grading plan shall indicate the locations of all existing habitat and other sensitive areas required to be protected during grading of the proposed development. A note shall appear on the grading plan indicating all areas within the development where grading or stockpiling is prohibited. 99. All areas where grading is not allowed shall be clearly shown on the grading plans (all sheets). On site haul routes shall be limited to graded areas only and shall be discussed at the on -site pre - grading meeting and delineated on the phased grading plan and schedule. 100. The subdivider shall indicate in writing to the City the disposition of any wells that may exist within the project. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed or abandoned per Ventura County Ordinance No. 2372 or Ordinance No. 3991 and per Division of Oil and Gas requirements. Permits for any well reuse (if applicable) shall conform with Reuse Permit procedures administered by the County Water Resources Development Department. 101. The maximum gradient for any slope shall not exceed a 2:1 slope inclination except where special circumstances exist and a contoured appearance can still be provided. In the case of special circumstances where steeper slopes are warranted, the grading plans will be reviewed by a certified soils engineer and their recommendations will be subject to the review and approval of the City Engineer and the Director of Community Development. 102. New slopes adjacent to roadways and development areas shall be graded in such a way that a natural contoured appearance in the graded plane shall be provided. Contour grading of all slopes shall be provided as a design element of the grading plan to the satisfaction of the Director of Community Development and the City Engineer. 24 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 103. No grading activities shall take place within at least 100 feet along the perimeter of blue line stream channels before giving proper notification to the California Department of Fish and Game, Ventura County Flood Control District and the U.S. Army Corps of Engineers. 104. All graded slopes shall be planted in a timely manner meeting the approval of the Director of Community Development with groundcover, trees and shrubs that will stabilize slopes and minimize erosion. Interim borrow sites are to be hydroseeded within 30 days of completion of grading, shall include temporary irrigation until groundcover is established, and shall minimize rectilinear form. 105. Temporary irrigation, hydroseeding and erosion control measures shall be implemented on all temporary grading. Temporary grading is defined to be any grading partially completed and any disturbance of existing natural conditions due to construction activity. These measures will apply to temporary grading activity that remains or is anticipated to remain unfinished or undisturbed in its altered condition for a period of time greater than thirty (30) days or the beginning of the rainy season whichever comes first. 106. All development areas and lots shall be designed so that surface drainage is directed to street frontages or natural or improved drainage courses as approved by the City Engineer. 107. Manufactured slopes which are greater than ten (10) feet in height shall be rounded at the top and at the toe of slope to simulate natural topography. At the discretion of the Director of Community Development, side slopes may be exempt from this provision if the height of slope does not exceed 15 percent of the width of the lot and has a slope height slope of less than ten (10) feet. 108. The grading plans shall depict the methods used during grading operations which minimizes, to the extent possible, impacts or disruptions to trees which must be protected as identified in the approved oak tree or other applicable tree reports. a. Grading and /or the placement of structures shall be prohibited within the dripline or three feet from the trunks of the tree, whichever is greater. Grading and trenching within this area is to be prohibited. No fill material shall be placed within this area. b. No type of surface, either pervious or impervious, shall be placed within a six -foot radius of tree trunks. These areas shall remain uncovered and natural. C. Alternative pervious types of paving such as gravel, redwood chips, porous brick with sand joints, etc. shall be utilized. d. Retaining walls shall be used to protect existing grades within the driplines of trees. However, these walls shall not alter drainage from around trees. e. Drainage shall be directed away from tree trunks to ensure that water will not stand at the crown. To avoid drowning trees, water shall not be allowed to pond or collect within the dripline. During Construction: i. Trees within a construction area shall be protected from damage by equipment by installing temporary barriers such as fencing at the dripline. 25 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 ii. Equipment, debris, building materials and /or excess soil shall not be stored within the dripline. iii. Trenches for utilities or irrigation shall be routed around the dripline where possible. (1) When not restricted by local building codes only one trench shall be dug to accommodate all utilities for lots. Where necessary, the roots shall be carefully pruned by a specialist in proportion to the total amount of root zone lost. The boring of a conduit for underground utilities shall be used where possible. (2) The operation of heavy construction equipment shall avoid the driplines of trees where possible. 109. Interior slopes between building pads shall be designed with up -slope property lines. 110. Grading on the perimeter of the site shall not be designed with perimeter downslopes to property lines, unless a homeowners association, assessment district, or similar entity is established for maintenance of such downslopes. 111. To reduce debris from entering sidewalk and streets, the approved grading plan shall show a slough wall, approximately 18 inches high, with curb outlet drainage to be constructed behind the back of the sidewalk where slopes exceeding 4 feet in height are adjacent to sidewalk. The subdivider shall use the City's standard wall detail during design and construction. All material for the construction of the wall shall be approved by the City Engineer and Director of Community Development. No retaining wall greater than 18 inches in height shall be approved immediately adjacent to a sidewalk. A minimum 2 -foot wide planting area shall be established between the back of sidewalk and any retaining or other property walls. All slough walls shall be shown as part of the approved landscape plan. Geotechnical /Geology Review 112. The subdivider shall submit to the City of Moorpark for review and approval, detailed Geotechnical Engineering and Engineering Geology Reports certified by a California Registered Civil Engineer and Geologist. The geotechnical engineering report shall include an investigation with regard to liquefaction, expansive soils, and seismic safety. The report shall also discuss the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. In addition the engineering soils report shall discuss the contents of the soils and presence or absence of any hazardous waste or other contaminants. Note: Review of the geotechnical engineering and engineering geology reports, by the City's Geologist and Geotechnical Engineer, shall be required. The subdivider shall reimburse the City for all costs including the City's administrative fee for this review. 113. All recommendations included in the approved geotechnical engineering and engineering geology reports shall be implemented during project design, grading, and construction in accordance with the approved Project. The City Engineer shall review all plans for conformance with the geologist's and soils engineer's recommendations. 0 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 114. Unless subsequent geotechnical studies direct otherwise, landslides shall be removed and recompacted during grading. Alternatively, in some instances, landslides or unstable slopes can potentially be stabilized by constructing buttress or stabilization fill slopes to reduce their potential for future down slope movement. All cut and fill slopes, foundations and structures shall be designed and constructed to comply with the Uniform Building Code (UBC), most recent edition, and applicable City Grading Ordinances. Modifications to these standards Shall be permitted along golf course areas only with the written concurrence of the City Engineer and the City's Geotechnical Engineer or Geologist. 115. Prior to recordation of any Phase of the Final Vesting Map, the subdivider shall prepare an agreement which indemnifies and holds harmless the City of Moorpark and its agents from future claims which may result from any landslide, subsidence, or other adverse geologic conditions that may occur at this site. 116. The subdivider or subsequent developers shall contract with an engineering geologist to study any unanticipated faults exposed during grading to detect any evidence of possible recent activity. No structure shall be placed within 50 feet of any fault trace which exhibits recent activity. Final grading requirements for residential and golf course facilities shall be defined by an engineering geologist. All geological recommendations shall be reviewed and approved by the City Engineer and the City's consulting geologist. 117. All habitable structures shall be designed according to the most recent UBC requirements to accommodate structural impacts from ground acceleration and maximum credible earthquake event. Storm Water Runoff and Flood Control Planning 118. The subdivider shall submit to the City of Moorpark for review and approval, drainage plans, hydrologic and hydraulic calculations prepared by a California Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. 119. The plans shall depict all on -eite and off -site drainage structures required by the City. 120. The drainage plans and calculations shall indicate the following conditions before and after development: a. Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention facilities, and drainage courses. Hydrology shall be per the current Ventura County Standards except as follows: b. All storm drains Shall carry a 50 -year frequency storm; C. All catch basins Shall carry a 50 -year storm; d. All catch basins in a sump condition shall be sized such that depth of water at intake shall equal the depth of the approach flows; e. All culverts shall carry a 100 -year frequency storm; f. Drainage facilities shall be provided such that surface flows are intercepted and contained prior to entering collector or secondary roadways; 27 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 g. Under a 50 -year frequency storm, all streets shall be provided with a minimum of one travel lane in each direction with a goal that local, residential and private streets shall have one dry travel lane available in each direction; h. Drainage to adjacent parcels shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows shall be provided by the subdivider; i. All drainage grates shall be designed and constructed with provisions to provide adequate bicycle safety to the satisfaction of the City Engineer; j. If the land to be occupied is in an area of special flood hazard, the subdivider shall notify all potential buyers in writing of this hazard condition. The grading plan shall also show contours indicating the 50 and 100 year flood levels. k. All flows from brow ditches, ribbon gutters and similar devices shall be deposited into the storm drain system prior to entering streets. If necessary, the storm drain shall be extended beyond the public right -of -way through easements to eliminate surface flow between parcels. Both storm drain and easements outside the right -of -way are to be maintained by the Preperty Owners' Homeowners' Association, City assessment district, or golf course operator, unless otherwise approved by the City Council. 1. Concrete drainage structures shall be tan colored concrete, as approved by the Director of Community Development, and to the extent possible shall incorporate natural structure and landscape to reduce their visibility. M. Drainage for the development shall be designed and installed with all necessary appurtenances to safely contain and convey storm flows to their final point of discharge, subject to review and approval of the City Engineer. n. This hydraulic /hydrology study shall analyze the hydraulic capacity of Grimes Canyon, Gabbert Canyon and Walnut Canyon drainage systems, with and without the storm drain system for the proposed development. The subdivider shall be responsible for obtaining Ventura County Flood Control District approval of the analysis of this system, as it relates to the downstream capacity, and shall make any downstream improvements, required by Ventura County Flood Control and City of Moorpark, to support the proposed development of Tract No. 4928. 121. The subdivider shall demonstrate for each building pad within every Phase of the Final Vesting Map that the following restrictions and protections can be put in place to the satisfaction of the City Engineer: a. Adequate protection from a 100 -year frequency storm; and b. Feasible access during a 50 -year frequency storm. C. Hydrology calculations shall be per current Ventura County Standards. 122. The subdivider shall obtain a permit from the State Water Resources Control Board for "All storm water discharges associated with a construction activity where clearing, grading, and excavation results in land disturbances of five or more acres." W VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 123. City Ordinance No. 100 and the Federal Emergency Management Agency (FEMA), require updating of the National Flood Insurance Program maps for affected areas whenever any alteration of the watercourse is made. If a FIRM map revision is necessary, all materials required by FEMA for a map revision shall be provided to the City Engineer's office. This material will demonstrate the revised flood plain locations following development. This information will be forwarded by the City Engineer to the FEMA for review and updating of the National Flood Insurance Program maps. If updates to the flood zone have been made a conditional letter of map revision (if required by FEMA) shall be provided to the City prior to issuance of a zone clearance for occupancy of the first residential unit. The subdivider will be responsible for all costs charged by the FEMA and the City's administrative costs. 124. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 125. The subdivider shall provide for all necessary on -site and off -site storm drain facilities required by the City to accommodate upstream and on -site flows. Facilities, as conceptually approved in the EIR or subsequently required studies and approved by the City, shall be delineated on the final drainage plans. Either on -site retention basins or storm water acceptance deeds from off -site property owners must be specified. These facilities must also be acceptable to the Ventura County Flood Control District. 126. Any lot to lot drainage easements and secondary drainage easements shall be delineated on the final map. Assurance in the form of an agreement shall be provided to the City that these easements will be adequately maintained by property owners to safely convey storm water flows. The CC &R's shall be submitted to the City Engineer for review and approval, and shall include provisions for the Homeowner's Association or MR to maintain any private storm drainage systems not maintained by a City assesswAmt district, and shall be binding upon future property owners. 127. Runoff from developed areas shall be diverted to detention basins, or underground oil and grease traps or other Best Management Practices, as determined by the City Engineer. These devices shall be designed by a registered civil engineer as part of the drainage improvement plans for the project. 128. All runoff from man made impervious surfaces such as parking lots shall be filtered through grease /oil traps before discharge into drainage facilities leading offsite to minimize surface runoff of potential water contaminants. The contents of the traps shall be disposed per local and State regulations. 129. To the degree feasible (given elevation differences in the course design), drains placed under greens, tees, and fairways shall be directed into the on -site lakes. Collected water could be recycled for irrigation use. In areas where drainage to lakes is not possible, the use of impermeable membranes and other water quality protection features shall be considered for incorporation into the course design. Street Improvement Requirements 130. The subdivider shall submit to the City of Moorpark for review and approval, street improvement plans prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvements; and shall post sufficient surety guaranteeing the construction of the improvements. 29 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 131. The street improvements shall include concrete curb and gutter, sidewalk, parkways, median(s), street lights, traffic signals, striping and signing, traffic control, paving, and any necessary transitions to the satisfaction of the City Engineer. All driveway locations shall be approved by the City Engineer and the Director of Community Development. The subdivider shall dedicate the necessary right -of -way to make all of the required improvements. 132. The applicable Ventura County Road Standard Plates are as follows and have been modified to conform to the cross sections shown on the tentative map Sheet 1 of 4. Walnut Canyon Road: 133. Walnut Canyon Road shall be designed per Ventura County Standard Plate B -7B with right -of -way varying between 60 -75 feet in width and lane configurations as modified per Sheet 3 of 4 of the approved Vesting Tentative Map No. 4928. 134. The improvements on Walnut Canyon Road shall provide a 13 foot northbound through lane, 12 foot northbound left turn lane, 12 foot southbound right turn lane, 13 foot southbound through lane, 12 foot south bound acceleration lane (south of the "C" street intersection) with 10 foot paved shoulders on each side consistent with Sheet 3 of 4 of the approved Vesting Tentative Map No. 4928. 135. The primary project collector street intersection with Walnut Canyon Road (State Route 23) and Walnut Canyon Road improvements shall be designed in consultation with the City and Caltrans to assure that acceptable turning radii, lane widths, shoulders, lane tapers, and adequate acceleration and deceleration improvements are constructed and adequate sight distance is provided. Modifications to State Route 23, as required by Caltrans, shall be constructed prior t occupancy *f the first residential unit of Tract No. 4928 or the first golf course facility, whichever occurs first. An encroachment permit shall be obtained from Caltrans prior to construction of any proposed roadway improvements. Any additional right -of -way required to implement the Caltrans approved design for this entrance intersection shall be acquired by the subdivider and dedicated to the State in a manner acceptable to Caltrans. Entry monumentation that does not interfere with sight- distance or turning movements shall be incorporated into the project entrance planning. Landscaping shall be provided appropriate to the entry that will not interfere with sight - distance or turning movement operations. 136. The final design for the Walnut Canyon project entrance shall be reviewed and approved by the Director of Community Development and City Engineer prior to the issuance of a rough grading permit. . 137. Prior to occupancy of the first residential unit of Tract 4928 or the first golf course facility, whichever occurs first, the subdivider shall improve Walnut Canyon Road as specified in these conditioner. Grimes Canyon Road: 138. The subdivider shall dedicate sufficient right of way to provide any future improvements per Ventura County Standard Plate B -7B. The (60 foot ROW) shall be widened as necessary to construct: a dedicated 12 foot southbound left, 13 foot northbound right turn lane, and 16 foot through lane for the project entrance with "C" street, and 10 foot wide paved shoulders. 30 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 139. The primary project collector street intersection with Grimes Canyon Road shall be designed to assure that acceptable turning radii, lane widths, shoulders, lane tapers, and adequate acceleration and deceleration improvements are constructed per detail shown on Sheet 3 of the approved Vesting Tentative Map and as approved by the City Engineer. Hed f eat enB to Grimes Ganyea Read ave Eequived to he-- eempleked eeineldient with 49:'x. 140. prier *;n QQ046apaney of the f i r$t r-esi^' nt }al uRi ; e€ Mr-20t; pie. 4428 erne 141. Issuance of permits for the first residential dwelling unit or golf course facility occupancy permit shall not occur until all phased roadway improvements are completed and inspected to the satisfaction of the County of Ventura Public Works Agency and the City Engineer, as appropriate. An encroachment permit shall be obtained from The City of Moorpark and County of Ventura (as appropriate) prior to construction of any proposed roadway improvements. Any additional right -of -way required to implement the finally approved design for entrances and intersections shall be acquired by the subdivider and dedicated to the City or County in a manner acceptable to the City. 142. Entry monumentation that does not interfere with eight- 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. 143. The final design for the Grimes Canyon Road project entrance shall be reviewed and approved by the Director of Community Development and City Engineer prior to the issuance of a rough grading permit. 144. Prior to issuance of the first zone clearance for occupancy for any phase within the approved tentative tract the intersection of Grimes Canyon Road and Highway 118 (Los Angeles Avenue) shall be modified to provide a southbound left turn pocket on Grimes Canyon Road and westbound right turn lane on LOS Angeles Avenue. Modifications shall also be made at the railroad crossing adjacent to this intersection to improve the safety of this location as approved the City Na ineer. In addition !��- °.a PPS y � �' - z - - -�� by GaItEaaBy a median acceleration lane shall be provided for southbound traffic turning eastbound along State Route 118. Plans for modification of the Los Angeles Avenue(State Route 118) /Grimes Canyon Road intersection shall be reviewed and approved by the City and Caltrans. Plans for modification of the railroad crossing shall be reviewed and approved by the Southern Pacific Railroad, County Of Ventura and the City. A sight distance study shall also be conducted as part of the intersection and railroad crossing modifications. 145. Prior to occupancy of the first residential unit of Tract Igo. 4928 or the golf course facility, whichever occurs first, the subdivider shall I ve Grimes Canyon Road, as specified in these Ganaitions. Interior Streets: Public: 146. "C" Street shall be constructed per Ventura County Standard Plate B -4A modified to have a sixty (60) foot right of way and configured to provide the following cross section as shown on sheet 1 of 4 of the approved tentative map: 1 -six (6) foot sidewalk located within the southerly 18 -foot parkway 2 -eight (8) foot bikelanes 31 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 2- twelve (12) foot travel lanes 1- fourteen (14) foot median at "c" street Entranceways Left Turn Pocket at all Cross- streets (tint including three -way atop at clubhouse entry drive) The northerly parkway shall maintain a 2 percent slope for a minimum distance of 5 feet from the proposed back of curb. Rolled curbs shall be permitted providing no design /drainage constraints prevent their use. A 3 -way stop sign shall be provided at the intersection of "C" Street and the clubhouse entry drive. To avoid conflicts with traffic on "C" Street, a tunnel ahall ire -on-peQ d— under= G" Street, ner-th of the west 9644 r-eadway A tunnel, or similar underbridge accessway, shall be constructed under the "C" Street bridge to enable connecting the 14th and the 15th holes for the West golf course. The tunnel, shall be constructed to specifications approved by the City Engineer. Left turn storage lanes are required at all public and private intersections on "C" Street. Adequate intersection right of way shall be provided for constructing all left -turn pockets without decreasing other lane width or parkway requirements. 147. All other publicly dedicated interior streets shall be per Ventura County Standard Plate B -4B having a fifty -six (56) foot right of way, thirty -six (36) foot pavement width, and ten (10) foot parkways. Sidewalks shall be five (5) feet in width. Rolled curbs shall be allowed provided no design /drainage constraints prevent their use. 148. All publicly dedicated cul -de -sacs shall be per Ventura County Standard Plate B -4C having a fifty -two (52) foot right of way, thirty -two (32) foot pavement width, and ten (10) foot parkways. Sidewalks shall be five (5) feet in width. Rolled curbs shall be allowed provided no design /drainage constraints prevent their use. Private: 150. Private Streets and cul -de -sacs shall conform to the Case A and Case B cross sections as depicted on Sheets 1 of 4 of the approved tentative map. All shoulders shall be paved with stamped concrete unless otherwise approved by the Director of Community Development. The color of the stamped concrete shall also be approved by the Director of Community Development. Cul -de -sacs having a sump drainage configuration shall provide alternate escape routes for water without creating any adverse impact to private property. Other Street Improvements 151. The subdivider shall include bus stop turnouts in the final street improvement plans for "C" Street, Walnut Canyon Road, and Grimes Canyon Road, and provide for their construction, to service the project. The final location of the bus reute and stop turnouts, and any shelters, shall be approved by the Director of Community Development. 152. Street lights shall be provided per Ventura County Standards and as approved by the City Engineer. 32 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 153. Street lighting and rural lot lighting standards specified by Ventura County Standard Plate F -9 and F -10 shall be incorporated into the project street /lighting design plans. The subdivider shall provide a photometric plan showing a point -by -point foot candle layout to extend a minimum of twenty (20) feet outside the street boundaries. The layout plan is to be based on a ten (10) foot grid center. 154. The final design of all sidewalks, barrier walls, streetscape elements, urban landscaping, and pedestrian paths within the project limits are subject to the approval of the Director of Community Development. 155. The subdivider shall adhere to Business and Professions Code Section 8771, which requires that all monuments be located and tied out prior to any construction or relocation of a street. 156. The surveyor shall certify on the proposed street improvement plans that all recorded monuments in the construction area have been located and either protected in place or replaced pursuant to State Assembly Bill 1414. 157. The subdivider shall provide slope easements, for road maintenance purposes, along all roads where the top of cut plus 5 feet or the toe of fill plus 5 feet is beyond the dedicated right of way.. Other Fees and Improvement Design Requirements 158. Prior to recordation of each Phase of the Final Map, the subdivider shall pay to the City the Los Angeles Avenue Area of Contribution (AOC) Fee for the golf courses. For the golf courses, the AOC Fee shall be calculated based on a 9.18 -acre commercial site (equivalent average daily traffic) and the dollar amount in effect at the time of the fee payment of the - . The fee for the residential iota shall be deferred until issuance of the building permit and the fee shall be the dollar amount in effect at the time the fee is paid. 159. Prior to approval of each phase of the Final Map the subdivider shall pay to the City the Gabbert /Casey Road Area of Contribution (AOC) Fee for the golf courses. For the golf courses, the AOC Fee shall be calculated based on a 9.18 -acre commercial site (equivalent average daily traffic) and the dollar amount in effect at the time of fee payment e`€ the fee. The fee for the residential lots shall be deferred until issuance of the building permit and the fee shall be the dollar asapunt in effect at the tists the fee is paid. 160. Where roads are to be built requiring 4 or more inches of pavement, the subdivider shall construct the required street section minus 1 -1/2 inches of paving as an interim condition until all utility cuts or trenching is completed and the City Engineer grants approval to accomplish this task. In areas of longitudinal trenching, paving fabric shall be used to prevent reflective cracking. 161. Any right -of -way acquisition necessary to complete the required improvements will be acquired by the subdivider at his expense. 162. Publicly dedicated streets shall conform to the design requirements of the Ventura County Road Standards (most recent revision) except as follows: a. Sidewalks to be a minimum of five feet wide at all points. Provisions shall be made around obstructions to maintain this minimum width. b. with the exception of "C" Street, uparkways shall maintain a crossfall of 2% toward the street for a minimum distance of 10 feet 33 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 from the curb face. In areas where a slope would intercept the 10 foot wide parkway area, the developer shall cause that a retaining wall be constructed at a location 10 feet behind the face of curb. This retaining wall height shall not exceed 3 feet unless approved by the Director of Community Development. The wall shall be shown on the street plans and landscaping plans. 163. The subdivider shall submit wall and landscaping plans and a copy of the CC &R's showing that provisions have been taken to provide for and maintain proper sight distances. 164. Special intersection treatment designs involving variations in paving material, where major pedestrian and vehicular circulation elements intersect, shall be approved by the Director of Public Works and Director of Community Development for private roads only. If a special intersection treatment is used, all maintenance for the special pavement treatment (i.e. stamped concrete, cobble stone, etc.) shall be borne by the golf course operator /owner, a Homeowners Association, or similar entity. 165. The subdivider shall post sufficient surety guaranteeing completion of all improvements which revert to the City (i.e., grading, street improvements, signalization, storm drain improvements, sewer improvements, landscaping, parks, fencing, bridges, etc.) or which require removal (i.e., model homes, temporary debris basin, etc.) in a form acceptable to the City. The subdivision surety agreement shall include provisions for all Off-Bite improvements along the entire frontage of Tract 4928 and other offsite improvements required by the conditions as described herein and as required by the mitigation measures of the approved EIR. 166. The subdivider shall demonstrate legal access to all parcels to the satisfaction of the City Engineer. 167. The subdivider shall pay all energy costs associated with street lighting for a period of one year from the acceptance of the street improvements. Utilities 168. Utilities, facilities and services for the project area will be extended and /or constructed in conjunction with its phased development by the master developer as the project proceeds. a. The subdivider will be responsible for the construction of all onsite and offsite sanitary sewer facilities to serve the project. The subdivider shall enter into an agreement with Ventura County Water Works District No. 1 ( VCWWD) to construct the improvements and the system will be dedicated to VCWWD No. 1 for maintenance. b. Prior to Final Map recordation of any phase, the City, Calleguas Municipal Water District and Water District No. 1 shall approve final plans for water distribution. Either the subdivider shall construct the required distribution facilities or enter into an agreement with the Calleguas Municipal Water District and /or County Waterworks District No. 1 stating when and how facilities will be funded and constructed. The system will be designed and constructed to meet the requirements of the proposed land uses and applicable City, Calleguas and VCWWD No. 1 standards. C. Provisions for electrical, natural gas, telephone and solid waste collection services and cable television to the Project Area will be made prior to development of the project area. All services can be extended by each respective company to meet future demands of the Project Area. Natural gas service will be provided by Southern California Gas. Electric service will be provided by Southern 34 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 California Edison. Telephone service will be provided by Pacific Bell. Solid waste collection will be provided by private companies as regulated by the City. These services will be phased in conjunction with development of the project area. Infrastructure Planning 169. Alternative infrastructure extension routes outside of major public right -of -ways shall be developed for City consideration prior to recordation of the Final Tract Map for the project. A specific alternative alignment up Gabbert Canyon shall be considered. To the degree feasible, utility and service extensions shall not be placed along Grimes Canyon Road. The City Engineer and Director of Community Development shall review, comment upon, and approve the alignment of infrastructure extensions prior to City Council approval of the Final Map. 170. Prior to City Council approval of any phase of the Final Map, the proposed infrastructure plan for the project shall be designed to place all required sewer and reclaimed water conveyance facilities in the Gabbert Canyon alignment. The subdivider shall obtain all necessary right -of -way and easements to install the required infrastructure in this alignment. The City may assist with the Aequisitlen of Quah easements. Acquisition of Easements and Right of Way 171. If any of the improvements which the subdivider is required to construct or install is to be constructed or installed upon land in which the subdivider does not have title or interest sufficient for such purposes, the subdivider shall do all of the following at least 60 days prior to the filing of any Phase of the Final Map for approval pursuant to Governmental Code Section 66457. a. Notify the City of Moorpark (hereinafter "City ") in writing that the subdivider wishes the City to acquire an interest in the land which is sufficient for the purposes as provided in Governmental Code Section 66462.5. b. Upon written direction of the City supply the City with (I) a legal description of the interest to be acquired, (ii) a map or diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of Section 1250.310 of the Code of Civil procedure, (iii) a current appraisal report prepared by an appraiser approved by the City which expresses an opinion as to the fair market value of the interest to be acquired, and (iv) a current Litigation Guarantee Report. C. Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the subdivider will pay all of the City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. Surety, Bonding, Conveyance of Title, and Legal Actions 172. The subdivider shall offer to dedicate to the City of Moorpark public service easements as required by the City. 173. On each Phase of the Final Map, the subdivider shall offer to dedicate access easements to the City of Moorpark over all private streets to provide access for all governmental agencies providing public safety, health and welfare. N61 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 174. In conjunction with Final Map recordation of Phase 1, the subdivider shall offer to dedicate to the City of Moorpark, for public use, all right -of -way for public streets. 175. In conjunction with Final Map recordation of Tract 4928, the subdivider shall dedicate to the City of Moorpark the access rights adjacent to Walnut Canyon Road, Grimes Canyon Road, "C" Street and all other interior public streets, except for approved access or driveway locations. 176. Prior to submittal of each Phase of the Final Map to the City for review and prior to approval, the subdivider shall transmit by certified mail a copy of the conditionally approved Tentative Map together with a copy of Section 66436 of the State Subdivision Map Act to each public entity or public utility that is an easement holder of record. Written compliance shall be submitted to the City of Moorpark. AMUNGf OMOXM, TOO FOUA PING COWrTZOM SU Apmrz 177. Grading may occur during the rainy season from October 15 to April 15 if approved by the City of Moorpark and subject to installation of debris and erosion control facilities. Erosion control measures shall be in place and functional between October 16th and April 15th. Along with the erosion control measures, hydroseeding of all graded slopes shall be required within 30 days of 'completion of grading. 1,78. That prior to any work being conduct" within the State, County, or City right of way, the subdivider shall obtain all necessary encroachment permits from the appropriate Agencies. 179. All unimproved areas with vehicle traffic shall be watered periodically and the vehicle speed shall.be limited to 15 mph. ISO. During site preparation and construction, minimize disturbance of natural ground cover on the project site until such activity is required for grading and construction purposes. 182. During clearing, grading, earth moving or excavation operations, dust emissions should be controlled by regular watering with reclaimed water, if available, paving construction roads and other dust prevention measures. The Applicant /Developer shall submit a dust control plan, acceptable to the city, aancu rreatly with submittal of the rough (as apposed to the fine) grading plan. This plan shall include, but is not be limited to the following measures: a. water all site access roads and material excavated or graded on or off-site to prevent excessive amounts of dust. Watering shall occur a minimum of at least two times daily, preferably in the late morn- ing and after the completion of work for the day. Additional watering for dust control shall occur as directed by the City. The Dust Control Plan shall indicate the number of water trucks which will be available for dust control at each phase of grading. b. Cease all clearing, grading, earth moving, or excavation operations during periods of high winds (15 mph or greater in one hour). The contractor shall maintain contact with the Air Pollution Control District (APCD) meteorologist for current information about average wind speeds. C. Water or securely cover all material transported off -site and on- site to prevent excessive amounts of dust. 36 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 d. Minimize the area disturbed at any one time by clearing, grading, earth moving and excavation so as to prevent excessive amount$ of dust. e. Keep all grading and construction equipment on or near the site, until these activities are completed. f. Wash off heavy -duty construction vehicles before they leave the site. g. apply nonhazardous chemical stabilizers to all inactive portions of the construction site. When appropriate, seed exposed surfaces with a feAt- growing, sail- binding plant to reduce wind erosion and its contribution to local;. particulate levels. h. Periodically sweep public streets in the vicinity of the site to remove silt (i.e., fine earth material transported from the site by wind, vehicular activities, water runoff, etc.) which may have accumulated from construction activities. 182. The Applicant /Developer shall request that all employees involved in grading operations on the project wear face masks to reduce the inhalation of dust which may contain the 'fungus which 090006 San. JCaquiA Valley 'over. 183. Maintain equipment engines in good condition and in proper tune as per manufacturers, specifications to prevent excessive emissions. 184. All diesel engines used in construction equipments should use high pressure injectors. 185. All diesel engines used in construction equipments shall use reformulated diesel fuel. 186. During smog season (say- 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 11 alerts. 187. During site preparation and construction, construct temporary storm water diversion structures per City of Moorpark standards. 188. 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. nei:ghborhoode. 189. Immediately surrounding property owners shall be notified in writing an a monthly basis of construction schedules involving major grading. 190. Construction activities; shall be limited to between the following hourss a) 7:00 a , cis, and 7;00 p.m. Monday through Friday, and b) 9 a OO a.m. to 6:00 p.m. Saturday. Construction work on Saturdays will require payment of a premium for City inspection services, and may be further restricted or prohibited should the City receive complaints from adjacent property owners. No construction work is to be done on Sundays, pursuant to Section 15.26.010 of the Municipal Code. 191. Truck noise from hauling operations shall be minimized through establish- ing hauling routes which avoid residential areas and requiring that "Jake Brakes" not be used along the haul route within the City. The hauling 37 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 plan must be identified as part of the grading plan and approved by the City Engineer. 192. The Applicant /Developer shall ensure that construction equipment is fitted with modern sound- reduction +equipment. 193. > equipment not in use for more than ten minutes should be turned off. 194. The fuel injection grading of all diesel engines used in Construction ecpzi.pment should be retarded two degrees from the manufacturer's recommendation. 195. Construction grading shall be disoontinued on days for :first stage ozone alerts (concentration of 0.20 ppa) an indicated at the Ventura County APCD air quality monitoring station closest to the City of Moorpark. Grading and oxcavatian operations shall not resume until the first stags smog alert, expires. 196. if any hazardous waste is encountered during the construction of this project, all work shall be ,immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriff's Department, and the City Construction observer shall be notified immediately- Work shall not proceed until clearance has been issued by all of those agencies. 197. The subdivider shall utilize all prudent and reasonable measures (including installation of a 6 foot high chain link fence around the construction sites or provision of a full time licensed security guard) to prevent unauthorized persons from uttering the work site at any time and to protect the public from accidents and injury. PRIOR TO ACCEPTANCE OF PUBLIC ZWROVE►s+NTS AND BOND EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 198. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 199. The subdivider shall file for a time extension with the City Engineer's office at least six weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required will be in conformance with the applicable ordinance section. 200. A copy of the recorded Map(s) shall be forwarded to the City Engineer for filing. 201. Sufficient surety in a form acceptable to the City guaranteeing the public improvements pertinent to each phase shall be provided. 202. A11 surety guaranteeing the public improvements shall remain in place for one year following acceptance by the City. Any surety bonds that are in effect three years after final map approval or issuance of the first building permit shall be increased an amount equal to or greater than the consumers price index (Los Angeles /Long Beach SMSA) for a period since original issuance of the surety and shall be increased in like manner each year thereafter. 203. Original "as built" plans will be certified by the applicant's civil engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 36 ", they must be resubmitted as "as builts" in a series of 22" X 36" mylars (made with proper overlaps) w VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 with a title block on each sheet. Submission of "as builts" plans is required before a final inspection will be scheduled. III. CITY OF MOORPARK POLICE DEPARTMENT CONDITIONS 204. A licensed security guard is required during the construction phase, unless a 6 foot high chain link fence is erected around the construction site. 205. Construction equipment, tools, etc., shall be properly secured during non- working hours. 296. All gelf eart eressingB at readwayB shall he under the Eeadway, or at an 40-ith a stop sign or signal If approved by the Chief f P01,08 and- the 9-ireeter BE — s `ter___ IV. VENTURA COUNTY FIRE PREVENTION DISTRICT CONDITIONS Fire Hazard Reduction Program 207. Prior to issuance of a grading permit or Zoning Clearance for any building permit, the Applicant /Developer shall retain a registered landscape architect, familiar with the objectives of fuel management in wildland -urban interface, to prepare a Fire Hazard Reduction Program. This program shall be prepared in consultation with the County Fire Protection District and shall be approved by the Director of Community Development. The program shall apply to the 100 -foot non - buildable easement required by Vesting Tentative Map No. 4928 The landscape plan for the 100 -foot non - buildable easement shall include native species. a. The vegetation management requirements of the plan shall be clearly defined. The golf course operators and Homeowners Associations shall be responsible for implementing this program in perpetuity. Fuel modification zones are proposed to be retained in as natural a state as safety and fire regulations will permit. b. The fuel modification zone shall be designed by and planted under the supervision of a landscape architect with expertise in native plant materials and habitat restoration, with the approval of the Director of Community Development, to appear as a transition between the built environment and natural open space. C. Within the modification zone, native and non - native high -fuel vegetation will be removed and replaced with low -fuel vegetation. The height of plant materials will be kept to a minimum. Planting requirements include a combination of trees, shrubs, and groundcover. Irrigation will not be provided, except in established wet zones, unless necessitated by the plant materials used. 208. During all grading and site clearance activities, earth moving equipment shall be equipped with spark arrestors and at least two fire extinguishers. All equipment used in the vegetation clearance phase shall be equipped with spark arrestors and best available fire safety technology. The vegetation clearance activities shall be coordinated with and approved by the County Fire Prevention Division. 209. All equipment and material staging activities shall be coordinated with the County Fire Prevention Division. Fire prone construction activities shall be prohibited during "Santa Ana" wind conditions. 39 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 210. If deemed necessary by the District, prior to recordation of the first phase of the Final Vesting Map, the project shall include a helispot and associated fire suppression equipment storage. Any required heliport facilities shall be indicated on the Final Vesting Map for the project. Road and Driveway Requirements 211. Complete circulation shall be provided for each phase of the development. Each phase shall stand alone, meeting all requirements for access, without depending on future development of neighboring phases to complete second access or water requirements. 212. The collector road system proposed for the project shall be reviewed and approved by the Ventura County Fire Protection District prior to approval of Phase 1 of the Final Vesting Map. 213. Access roads shall be installed with an all weather surface, suitable for access by Fire Department apparatus. 214. For residential streets without stamped concrete parking areas: Double loaded streets shall be a minimum of 36 feet wide with parking allowed on both sides. The rolled curbs shall not interfere with the width of the street and shall be provided outside of the required width. Single loaded streets shall be a minimum of 32 feet wide with parking allowed on one Bide only. The rolled curbs shall not interfere with the width of the street and shall be provided outside of the required width. 215. For residential streets with stamped concrete parking shoulders: Double loaded streets shall be a minimum of 28 feet of pavement with 6 foot stamped concrete shoulders on both sides. Shoulders shall encourage parking through signage or markings approved by the City Director of Community Development, City Public Works Director, and the Fire District. Single loaded streets shall be a minimum of 28 feet of pavement with a 6- foot stamped concrete shoulder on one side, and shall be posted with parking allowed on only one side. Signage and /or markings shall encourage parking on the stamped concrete in a manner approved by the City Director of Community Development, City Director of Public Works, and the Fire District. 216. Access roads shall not exceed 15 percent grade. 217. Approved turn around areas for fire apparatus shall be provided where the access road is 150 feet or more from the main project collector. Cul -de- sacs shall have a minimum diameter of 80 feet. 218. Any gates to control vehicle access are to be located to allow a vehicle waiting for entrance to be completely off the public roadway. The method of gate control shall be subject to review by the Bureau Fire Prevention. A minimum clear open width of 15 feet in each direction shall be provided. If gates are to be locked, a Knox System shall be installed. 219. Prior to recordation of Phase 1 of the Final Map, proposed street names shall be submitted to the Fire Department Communication Center for review and comment. 220. 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. 221. All driveways shall have a minimum vertical clearance of 13 feet 6 inches, and this requirement shall be included in the CC &R's /Design Guidelines. 40 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 Fire Hydrant /Fire Flow Requirements 222. Prior to recordation of the first phase of residential development, the Applicant /Developer shall provide verification that the water purveyor can provide the required volume /fire flow for the project. 223. Prior to construction, the Applicant /Developer shall submit plans to the Ventura County Bureau of Fire Prevention Division for the approval of the location of fire hydrants; all hydrants shall be shown on the plan that are situated within 300 feet of the perimeter of the residential development. 224. A minimum fire flow of 1,000 gallons per minute at 20 psi shall be provided. The location and capacity of all water storage and conveyance facilities shall be reviewed and approved by the District prior to the recordation of the Final Map and prior to the issuance of building permits. 225. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the County Water Works Manual. These standards specify: a. Each hydrant shall be a 6 inch wet barrel design, and shall have one 4 inch and one 2 J inch outlet. b. The required fire flow shall be achieved at no less than 20 psi residual pressure. C. Fire hydrants shall be spaced 300 feet on center, and so located that no structure will be farther than 150 feet from any one hydrant. d. Fire hydrants shall be set back in from the curb face, 24 inches on center. 226. All grass or brush exposing any structures shall be cleared for a distance of 100 feet prior to framing. 227. An approved spark arrester shall be installed on all chimneys. California Administrative Code (Title 24- Section 2.1217 Requirements 228. Address numbers, a minimum of 4 inches high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are set back more than 150 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event the structure(s) is not visible from the street, the address number(B) shall be posted adjacent to the driveway entrance. 229. Portions of this development may be in a hazardous fire area and those structures shall meet hazardous fire area building code requirements. 230. The Design Guidelines shall include a requirement that prior to preparation of building plans for new residential structures or additions to existing structures, the architect shall obtain VCFD Form No. 126, "Requirements for Construction." V. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITIONS 41 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 231. Prior to City approval of any grading permit for the project, the Applicant /Developer and the District shall enter into a contract for the relocation and /or modification of the existing wells on the property. The relocation plan shall address well locations, provisions for drilling additional wells if necessary (if existing wells are damaged during construction), relocation of conveyance structures, and other matters of mutual concern. A copy of the approved contract shall be submitted to the City. The Applicant /Developer shall be responsible for complying with all terms and conditions of the relocation contract. 232. Prior to issuance of Zoning Clearances for residential construction, the proposed infrastructure plan for the project shall be designed to place all required water, sewer, and reclaimed water conveyance facilities in the Gabbert Canyon alignment. The Applicant /Developer shall obtain all necessary right -of -way and easements to install the required infrastructure in this alignment. 233. Prior to issuance of a Zoning Clearance for a building permit, the applicant for service shall comply with the Ventura County Waterworks District No. 1 "Rules and Regulations" and any subsequent additions or revisions thereto. Ultra low plumbing fixtures are required in all new construction. Any requirements by the Fire Protection District, that are greater than Waterworks District No. 1 existing facilities are the responsibility of the Applicant /Developer. 234. Waterworks District No. 1 has an existing water transmission line, which shall be relocated at Applicant /Developer's cost, as approved by the District. 235. The Applicant /Developer shall be responsible to construct and pay for the required in -tract and off -site water, reclaimed water and sewer improvements necessary to serve the property. 236. Applicant /Developer shall be required to pay all applicable water capital improvement fees and sewer connection fees in accordance with the District's Rules and Regulations. VII. CALIFORNIA DEPARTMENT OF FISH AND GANE AND REGIONAL WATER QUALITY CONTROL BOARD CONDITIONS 237. Runoff from developed areas should be diverted to detention basins, or underground oil and grease traps or other Best Management Practices, as determined by the City Engineer. These devices should be designed by a registered civil engineer as part of the drainage improvement plans for the project. Because the ponds within the golf courses could contain pollutants that may be harmful to wildlife, their design and location should be reviewed by a concerned conservation agency such as the California Department of Fish and Game or a City approved biologist, prior to approval of the improvement plans by the City Engineer and Director of Community Development. The basins and traps would require periodic maintenance by the property owner, homeowners association, or other entities. Provisions shall be made by the applicant to provide for maintenance in perpetuity prior to Final Vesting Map approval. 238. All runoff from man made im rvious surfaces such as parking lots shall be filtered through grease oil traps before discharge into drainage facilities leading offsite to minimize surface runoff of potential water contaminants. The contents of the traps shall be disposed per local and State regulations. 42 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 239. To the degree feasible (given elevation differences in the course design), drains placed under greens, tees, and fairways shall be directed into the on -site lakes. Collected water could be recycled for irrigation use. In areas where drainage to lakes is not possible, the use of impermeable membranes and other water quality protection features shall be considered for incorporation into the course design. VIII. ENVIRONMENTAL MITIGATION MEASURES APPLICABLE TO ALL PHASES OF THE FINAL VESTING MAP 240. The approved Mitigation Monitoring Program is included as Attachment -1 3 to Rssolutidn No. , and all mitigation measures are requirements of the Vesting Tentative Map, as applicable. Some of the adopted mitigation measures are duplicates or very similar to the conditions of approval. In cases where a mitigation condition conflicts with a condition of approval, the stricter or more specific language shall apply, as determined by the Director of Community Development during the condition compliance review for each phase of development. 43 !ice RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. RPD -94 -1 CONDITIONS OF APPROVAL I. DSPARTMSNT OF COW(UNITY DEVELOPMENT CONDITIONS Permitted Uses 1. The Residential Planned Development (RPD) Permit is granted for the land and project identified as Moorpark Country Club Estates Residential Project: General Plan Amendment No. 94 -1 (Medium Low Residential land use designation), Zone Change No. 94 -1 (RPD Zone), Phased Vesting Tentative Map No. 4928, and RPD Permit No. 94 -1. The location and design of all site improvements shall be as shown or described on the approved Vesting Tentative Map (Sheets 1 -4, dated March 26,_1496), RPD Permit conceptual landscape plans (Sheets 1 -4) modified to be consistent with the approved Vesting Tentative Map, Draft Architectural Design Guidelines (Attachment 1), and approved mitigation monitoring program , except or unless indicated otherwise herein in the following conditions. Recordation of a final map is required prior to approval of a Zoning Clearance for a residential building permit in any phase as shown on Sheet 4 of the Vesting Tentative Map. City and Other Agency Regulations 2. The design, maintenance, and operation of the permit area and facilities thereon shall comply with all applicable regulations of the City Zoning and Municipal Code; all requirements and enactments of Federal, State, County, and City authorities; all City policies, procedures, and standards; and all such requirements and enactments shall, by reference, become conditions of this permit. 3. No conditions of this entitlement shall be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. All Vesting Tentative Map No. 4928 conditions of approval are applicable to RPD Permit No. 94 »1. Use Inauguration 4. Unless the project is inaugurated (rough grading and installation of major drainage systems, reclaimed water, sewer and potable water infrastructure, and "C" Street from Walnut Canyon Road to Grimes Canyon Road completed), not later than three (3) years after this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his discretion, grant up to one (1) additional year extension for project inauguration, as a Permit Adjustment, if there have been non - significant changes to adjacent land uses and if the Applicant /Developer can document that due diligence has been extended towards inauguration of the project during the initial three -year period. The request for extension of this entitlement shall be made at least 30 -days prior to the expiration date of the permit. Transfer or Assignment of the Permit 5. A transfer of this Residential Planned Development Permit (RPD) shall not be effective until the name and address of the transferee and the date when such transfer shall take place, together with a letter from the new owner certifying agreement to comply with all conditions of this permit is filed with, and acknowledged in writing by the Director of Community RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 Development. No later than ten (10) days after change of ownership or lessee of this property, the Director of Community Development shall be notified in writing, of the new owner or lessee. The same letter shall state that the new owner or lessee has read all conditions pertaining to this Permit and agrees with said conditions. Prohibited Uses /Modification to Permit 6. All facilities and uses other than those specifically requested in the application for Vesting Tentative Map No. 4928 and RPD Permit No. 94 -1 are prohibited. The location and design of all site improvements shall be as shown or described on the approved Vesting Tentative Map, and the attached Design Guidelines (Attachment 1). Other configurations, phasing, lot sizes or dimensions, or designs are prohibited unless an application for a Modification has been approved by the City of Moorpark. Any minor changes to this permit shall require the submittal of an application for a Minor Modification and any major changes to this permit shall require the submittal of a Major Modification as determined by the Director of Community Development. Severability 7. If any of the conditions or limitations of this permit are held to be invalid, that holding shall er limitat -iene set —gin render this RPD Permit null and void at the discretion of the City. Applicant /Developer Defense Costs 8. The subdivider shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the RPD Permit, which claim, action, or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The City will promptly notify the Applicant /Developer of any such claim, action, or proceeding, and, if the City should fail to do so, or should fail to cooperate fully in the defense, the Applicant /Developer shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers, and employees pursuant to this condition. The City may, within its unlimited discretion, participate in the defense of any such claim, action, or proceeding if both of the following occur: a. The City bears its own attorney fees and costs; b. The City defends the claim, action, or proceeding in good faith. The Applicant /Developer shall not be required to pay or perform any settlement of such claim, action, or proceeding, unless the settlement is approved by the Applicant /Developer. The Applicant /Developer's obligations under this condition shall apply regardless of whether a Final Map is ultimately recorded with respect to the proposed RPD project. Acceptance of Conditions 9. The acceptance of this permit and /or commencement of construction and /or operations under this permit by the Applicant /Developer shall be deemed to be acceptance of all conditions of this permit and all City Council approved mitigation measures. RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 Condition Compliance Costs 10. The subdivider shall pay all outstanding City case processing and environmental impact report related costs, and shall submit a deposit to cover all condition compliance and mitigation monitoring costs, prior to initiation of condition compliance review for approval of a grading permit, Final Map, or Zoning Clearance for any phase, and prior to submission of any plans for Building Inspector or City Engineer plan check. Environmental Quality Assurance Program 11. The mitigation monitoring program shall be enforced through implementation of an Environmental Quality Assurance Program (EQAP) as recommended in the approved mitigation monitoring program. The EQAP shall be implemented through the City. The Applicant /Developer shall pay for 100 percent of the City's cost, including administrative fee, to hire a qualified consulting firm to monitor grading, construction, and mitigation compliance. General procedures governing the EQAP, which implement California Environmental Quality Act (CEQA) Mitigation Monitoring Requirements, shall govern this monitoring effort. Zoning Clearance 12. Prior to submittal of construction plans for plan check or initiation of any grading or other construction activity, a Zoning Clearance shall be obtained from the Department of Community Development. Three complete sets of all final construction plans (including but not limited to grading and drainage plans; plot plans; signage, fencing, and wall plans; and landscaping and irrigation plans) shall be submitted to the Director of Community Development for Zoning Clearance review and approval. Hold Harmless Agreement 13. Prior to Zoning Clearance approval, construction plans may be submitted to the Building and Safety Department and City Engineer for plan check with a City approved Hold Harmless Agreement. Citywide Traffic Mitigation Fee 14. The Applicant /Developer shall pay a Citywide traffic mitigation fee of $3,000 per dwelling unit, prior to issuance of a Zoning Clearance to allow plans to be submitted for building permit plan check. The fees identified in this condition shall be adjusted annually (CCtImwoc ing one year from the approval date of RPD Permit No. 94-1) by any increase in the Consumer Price Index (CPI) until paid. The CPI increase shall be determined, by using the information provided by the U.S. Department of Labor, Sureal of Labor statistics, for all urban consumers within the Loa Angeles/ Anaheim /Riverside metropolitan area during the prior year. The Calculation shall be made using the month of January of each year. Air Quality Mitigation Fee 15. The Applicant /Developer shall pay an air quality mitigation fee of $811 per dwelling unit, prior to issuance of a Zoning Clearance to allow plans to be submitted for building permit plan check. School Assessment Fees RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 16. Prior to issuance of a building permit for any phase of the Project, the Applicant /Developer shall pay all school assessment fees levied by the Moorpark Unified School District. • n I 17. Except for the street improvements, maintenance responsibility for the other "C" street *Common Maintenanos Areas ", inclu4ir►g but not limited to the landscaping improvements in the parkway, medians, and at the entranceways= the bus stops; storm drains; and any slope directly affecting drainage, and ' any other items deemed necessary by the City, shall be provided by an assessment district. The total coat of the maintenance provided by the assessment district shall be borne: by all of the residential and golf course property owners within the entire Vesting Hap No. 4928 area, as applicable. The Applicant /Developer shall be responsible for installing all required Common Maintenance Area improvements and maintaining such ern; Maintenance Area improvements, to the City's specifications and satisfaction, until acceptance by the city for inclusion in the assessment district Acceptance of Common Maintenance Area improvements for assessment district maintenance purposes Shall not occur until one; year after the last residential unit occupaxwy in the tract or until the next opportunity to place this area within the assessment district for assessment purposes, whichever occurs later. "C" Street improvements shall be maintained by the Applicant /Developer to the City"s specifications and satisfaction, until acceptance of said improvements by the City, Acceptance shall occur upon occupancy of the final residential unit or golf course occupancy, whichever occurs later. 18. Prior to opening "C' Street and the western residential area streets and cul -de -sass (labeled as public on the Vesting Tentative Map) to public use, the Applicant /Developer shall request the City to adopt aE resolution authorizing enforcement of applicable provisions of the California Vehicle Code and Moorpark Municipal Code. Homeowners' Association Formation and Operation Requirements 19. Consistent with the requirements of Vesting Tentative Map No. 4928, this permit requires the preparation of Covenants, Conditions and Restrictions (CC &R's) and By -laws establishing a one or more Homeowners' Associations for the residential development. The CC &R's shall identify the maintenance responsibility for, but not limited to, maintenance of all private streets, parkway and median and other landscaping; bus stops; open space; any common - shared driveways; all storm drains and- ehann ' °; and any slope directly affecting drainage or street facilities (collectively "Common Maintenance Areas ", as shown on Vesting Tentative Map No. 4928, Shoots l and 2, and Attachment 3 to theme conditions of approval). Should the Association fail to maintain the Common Maintenance Areas, or any portion thereof, in a satisfactory manner, the Common Maintenance Areas, or portion thereof, shall be aAasaed placed, at the City's option, to in a City assessment district. The total cost of the formation of an assessment district or annexation to an existing assessment district and maintenance provided by the assessment district for the items discussed, above, shall be borne by the property owners within the entire Vesting Map No. 4928 and RPD Permit No. 94 -1 area as required by the Vesting Tentative Map No. 4928 and RFD Permit No. 94 -1 conditions of approval. CC &R's and Design Guidelines RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 20. The CC &R's shall also include all Vesting Tentative Map and RPD Permit conditions of approval, that have been identified by the Director of Community Development for inclusion, as well as the Design Guidelines. The final Design Guidelines for this RPD Permit shall be approved by the Director of Community Development at the time of review of CC &R's, which shall occur prior to the submittal of the CC &R's to the State Department of Real Estate and any lot sales. The Homeowners' Association(s) shall be responsible for monitoring compliance with the approved Design Guidelines for all new construction and remodeling within the development. The Director of Community Development shall ensure compliance with the Design Guidelines through review of all Zoning Clearance of and Administrative Permit applications for residential construction. CC &R Requirements for Construction The following shall be included as requirements AAd limitations for construction in the Design Guidelines: a. 100 -Foot Basement: No structures of any kind or size, with the exception of drainage structures and infrastructure required by the City or other public agency, shall be allowed within the 100 -foot non - buildable, restricted -use easement, shown on the Vesting Tentative Map and required to be recorded in conjunction with Final Map approval. The landscaping within such easement shall be consistent with the Fire Hazard Reduction Program that is required to be prepared prior to recordation of Phase 1 of the Final Vesting Map (reference Ventura County Fire Prevention District conditions). b. California Administrative Code: All residential units constructed in the subdivision shall comply with Chapter 2 -53 of Part 2 and Chapter 4 -10 of Part 4, of Title 24 of the California Administrative Code. C. Earthquake Design Requirements: All habitable structures shall be designed according to the most recent UBC requirements to accommodate structural impacts from ground acceleration and maximum credible earthquake event. d. Drainage Between Lots: No structures, walls, or fences shall be erected which impede or restrict flow of drainage waters between lots. e. Roofing Materials: Use of wood or asphalt shingles as roofing materials shall be prohibited. f. Energy Saving Devices: All residential units shall be constructed employing energy saving devices. These devices are to include, but are not limited to the following: i. Ultra low flush toilets (to not exceed three and one -half gallons); ii. Low water use shower controllers as required by Title 24 of the Uniform Building Code shall be placed on all shower facilities; iii. Natural gas fueled stoves, ovens and ranges shall not have continuous burning pilot lights; iv. All thermostats connected to the main space heating source shall have night set back features; RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 V. To ensure closure when not in use kitchen ventilation systems shall have automatic dampers; and vi. Hot water solar panel stub -outs shall be provided. g. Exterior Building Materials and Colors: All exterior building materials and paint colors shall be approved by the Director of Community Development to ensure compatibility with the Design Guidelines and with adjacent development. h. Rain Gutters and Downspouts: Non - corrosive rain gutters and downspouts shall be provided on all sides of dwelling units. Water shall be conveyed to the street or drives, as determined by the drainage plan. i. Roof Equipment: All roof jacks and metal flashing shall be painted to match the roof color. Roof mounted equipment shall be prohibited. All deck drains shall drain to the side, not the front facing any private or public street. j. Solar Panels: Solar panels, such as for heating swimming pool(s), shall be subject to the approval of the Director of Community Development prior to the issuance of a Zoning Clearance. All solar panels shall be designed so as to be part of the overall design of the structure supporting it. k. Water Heater Vents: Water heater vents shall be located so as to not be visible from a front elevation viewpoint. 1. Stucco Finishes: Stucco finishes applied mechanically shall contain the smallest sand grit sizes feasible. Stucco finishes shall not be textured. The design objective of stucco application is to obtain a smooth trowel finish, to the degree feasible, without requiring hand troweling or dry - polishing during finish coat application. M. Asbestos Prohibited: No asbestos pipe or construction materials shall be used in the development of homes associated with this permit. n. Lighting Restrictions: Front and rear yard lighting restrictions shall be included to ensure compatibility with the surrounding rural neighborhoods. All exterior lighting shall be fully hooded and shielded. o. Graffiti Removal: Any graffiti on Homeowners' Association maintained property shall be removed within five (5) days from written notification by the City of Moorpark. All such graffiti removal shall be completed to the satisfaction of the City. p. Maintain Tract and Easement Notification Signage: Any neighborhood identification signage and any required signs notifying residents of an easement for future street extension shall be maintained by the Homeowners' Association in perpetuity, or in the case of the easement notification sign, shall be maintained until such time that the road is extended or the easement is relinquished by the City. q. Dominant Street Tree: A coordinated tree planting program shall be developed which will provide a dominant street tree for each of the residential streets to provide aesthetic diversity within the development. RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 r. Fire Protection Features: All structures adjacent to open space, around the perimeter of the project, shall be designed to satisfy at least a one hour fire - resistant rating. Such structures shall incorporate fire retarding features including, but not limited to, boxed -in eaves, reduced overhangs, double -paned windows, convection resistant roof design, non - combustible roofing material, and related design features. The County Fire Protection District shall review this component of the Design Guidelines prior to approval by the Director of Community Development. Gateway Entrance Monumentation, Streetscape Standards, and Neighborhood Design Form 21. Both the eastern and western "C" Street entrances to the proposed project shall provide residential community entry monumentation signage and appropriate landscaping at entry points. A sign program shall be submitted to the Director of Community Development for review and approval prior to the first residential occupancy. An orderly and consistent street tree planting program shall be required for both entranceways to provide a landscaping pattern that resembles a rural ranch entry road design. Trees shall be spaced at equal intervals or clustered as approved by the Director of Community Development. Recommended tree plantings for these entry points and along "C" Street shall include the non - natives typically used in ranch settings for entryways including pepper, eucalyptus, and olive trees. Other street tree plantings shall be consistent with the Ventura County Guide to Landscape Plans. The Director of Community Development shall review and approve all gateway, streetscape, and street tree planting programs for the project prior to Zoning Clearance for the first residential unit, and all such landscaping for each approved phase shall be installed prior to the first occupancy for that phase. Ridge Setback and Planting 22. The eastern perimeter of the project shall be setback from the ridge system visible along Walnut Canyon Road to the satisfaction of the Director of Community Development. Landscaping around this ridge system, once it is restored, shall emphasize reestablishment of existing native and non - native habitat (such as naturalized ranch tree species). The landscaping program on the eastern perimeter shall emphasize restoration of the existing vegetation and on the west side, the program shall emphasize the use of variable sized tree lined streets to minimize the adverse effects of the urban design planned along this perimeter. Slopes facing Walnut Canyon and Grimes Canyon Roads shall be retained in a natural- appearing condition. Grading Restrictions for Easterly Residential Lots 23. The rough grading Plan shall a- eenteured laerm that will sermeen 29 fr^^• Walnut Ganucn Read- The— ieo:^gfk shall inell -an %ent that the hefaes en lets 1, 2, and 27 be ene eteEy with-a height of 25 meet, and -thant the landseape -plan €er lets 1, 2, 24T 28,-2 5, 216, 218, and 219 shall emphasi reen}ng views e€ The rough and fine grading plans shall be designed so as to screen views of interior project grading and views of home from Walnut Canyon Road to the satisfaction of the Director of Co maunity Development and City Rnginser, and shall conform with the principles of contour grading. RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 Non - Buildable. Restricted -Use Easement (Agricultural /Land Use Buffer 24. The CC &R's and Design Guidelines shall include reference to the recorded easement shown on the Vesting Tentative Map as a 100 -foot, non - buildable, restricted -use easement. No structures of any kind or size, with the exception of drainage structures and infrastructure required by the City or other public agency, shall be allowed within the 100 -foot easement, and the landscaping within such easement shall be required to be consistent with the Fire Hazard Reduction Program that will be prepared prior to recordation of Phase 1 of the Final Vesting Map. Deed Restriction 25. The Applicant /Developer shall record a deed restriction intended to inform all prospective buyers of residential lots of the restrictions of the 100 - foot non - buildable, restricted -use easement and of the adjacent agricultural operations. Prior to issuance of a Zoning Clearance for the first residential structure, the Applicant /Developer shall submit to the Director of Community Development proof of said deed restriction recordation and home buyer acknowledgment. Residential Architectural Design Standards and Guidelines 26. Detailed information about residential project design features for each residential structure or for each phase of development shall be submitted to the Director of Community Development for review and approval. This detailed information shall comply, to the extent feasible, with the design guidelines and development standards contained in the City's Hillside Management Ordinance. The street widths, streetscape patterns, lighting, and parkway concept for the residential areas shall assure a decidedly rural aesthetic. Accomplishment of this objective may involve providing for rolled curbs, low intensity decorative lighting along minor streets, the use of decorative boundary fencing along streets, and other features. Final residential development requirements concerning landscaping, streetscape, the architecture of residential units, lighting, and all other Design Guidelines subjects shall be provided to the Director of Community Development in the Final Moorpark Country Club Estates Residential Design Guidelines, to be approved by the Director at the time of review of proposed CC &R's and prior to lot sales. Lighting Restrictions 27. Street lighting and rural lot lighting standards shall be as specified in the Design Guidelines and approved mitigation monitoring program and shall be incorporated into the project photometric plans. Street lighting along "C" Street shall be provided consistent with City standards; all other entrance lighting along project access roads shall be compatible with the surrounding rural neighborhoods. Low intensity night lighting shall be required within the streetscape; however, at intersections, brighter lighting complying with County and City intersection safety standards shall be required. Front and rear yard lighting restrictions for residential properties shall be included in the project CC &R's and Design Guidelines. Landscaping Requirements for Common Maintenance Areas 28. Prior to the recordation of each applicable phase of development, two (2) sets of Landscaping and Irrigation Plans, together with a maintenance program, shall be prepared by a State - licensed Landscape Architect for the Common Maintenance Areas for the tract. The plans shall be in accordance RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 with the Ventura County Guide to Landscape Plans, and applicable City policies, plans and ordinances, and shall be submitted to the Director of Community Development for review and approval. The Applicant /Developer shall bear the full cost of plan review, installation, and final inspection. The landscaping for the Common Maintenance Areas in each approved phase of development shall be installed and receive final inspection and approval prior to the first occupancy in each phase. (The landscaping for "C" Street is required to be installed prior to the first golf course occupancy; however, if residential development precedes golf course construction, the landscaping for "C" Street shall be installed and receive final inspection and approval prior to the first residential occupancy.) The landscape plan shall include planting and irrigation specifications for manufactured slopes over three (3) feet in height, and all common areas proposed to be maintained by eke a Homeowners' Association. The purpose of the landscaping shall be to control erosion, prevent aesthetic impacts to adjacent property owners, mitigate the visual impacts of all manufactured slopes three (3) feet or more in height, replace mature trees lost as a result of construction, and provide a landscaping pattern along the streets and entranceways that resembles a rural ranch design. The Landscaping and Irrigation Plans shall include landscaping specifications, planting details, and design specifications consistent with the following requirements: a. Irrigation: All -1-and-s-e-aped areas -shall kwav The -Gigs landscape— arehiteet shall eerti €y in writing that the 44th the appFeved Landseape and- 1-r-r-igatien Plans. Irrigation shall be provided for all permanent landscaping identified in the approved landscape plan. The subdivider shall be responsible for maintaining the irrigation system and all landscaping until such time as a Homeowners' Association, assessment district, or similar entity approved by the City 'accepts the responsibility. b. Tree Report: The information contained in the Final Vesting Map No. 4928 Tree Report, regarding which trees are to be saved or retained on the site, shall be noted on the landscape plan. C. Tree Replacement: The landscape plan for "C" Street and the entranceways at Walnut Canyon and Gabbert Canyon Roads shall specify how trees removed during the rough and fine grading phases of the project will be replaced in accordance with Municipal Code requirements. d. Streetscape Elements: The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths within the limit of the RPD Permit. e. Streetscape Appearance: All landscaped pedestrian walkways shall be designed to provide an aesthetically pleasing streetscape appearance and shall be subject to approval of the Director of Community Development. All pedestri4a walkway Mans shall conf ©rm to conditions of approval. f. Tree Planting: A sufficiently dense tree planting plan emphasizing tall growing trees and /or shrubs shall be designed. Planting shall be planned to achieve shade and screening in a three (3) to five (5) year time period. A minimum of 25 percent of the trees shall be 24 inch box size and a minimum of 25 percent shall be 36 inch box size. In addition, recommendations regarding planting, that are included RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 in the mitigation monitoring program, shall be incorporated to the degree feasible into the screening plan. The size of the trees to be planted shall be subject to approval of the Director of Community Development. g. Dominant Street Tree: A coordinated tree planting program shall be developed for all Common Maintenance Areas. Dominant street trees shall vary between residential streets to provide aesthetic diversity within the development. h. Landscaping Near Intersections: Landscaping near street intersections shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. i. Landscaping Within Median and Parkways: Landscaping within any median or parkway shall be designed so as to not obstruct the view of any exterior door or window from the street. j. Trees Prohibited Under Street Lights: Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. k. Equipment Screening: Backflow preventers, transformers, or other exposed above grade utilities shall be shown on the landscape plan(B) and shall be screened with landscaping and /or a wall. M. lopes adjacent to Grimes Canyon PUmd: A restriction and /or covenant in a form satisfactory to the City Attorney shall be placed on lots 133 -135, 142, 143, 157, 158, and 161 prohibiting any deck, patio, gazebo, or other structure on the slope adjacent to Grimes Canyon Road. 4a-ad-Reaping €er all alepe - -areas jQesat tq publi6 and pzli ate la at; it in tie— tsaety the developer shall be Lceepeneible €GE the landseaping and dr-ainage ARRcaca-atican fail to maint digovatien e€ the City, tha Gemmen Halnl;eaawee Aveas, --or PeEtI&H therQe €, shall be- anneitedr at tie - Gig's eptlen, te an Aeflesen.eez Assessment Dietriet 814-a-1-1 be bevne by the let Owners with-i" the traet. Puler to reee _Fdat }ew ^'- rteal u°^ aR G&GOMBAt GGiveElng the maintenanee Areas shall - be- lrreveeably e ffered to the Gity Fer- shall be designed in a manner to allew them to be .•.ted t, joint _ system the event the City inve�Ees the need -te estahl i e RR This shall lnelude the Qxtlama,44n ^f thda main ,ter iat: line adjaeent-te the street right of gray ineloding a- watey and eleetriea•l c_t_uh nut hahind t•h^ °' dawall- er- gheulder €6r- €utura age l €nandedT The applleant shall reeerd a eevenant -te In €errn the purehaser-� sash -0€ the -eto Gf this PGt -ARti Rl aetc nn 10 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 o. and PA9lacwme+mt: Until one year after occupancy of the final residential unit LA the tract or golf course occupancy, whichever occurs later, the Applicant /Developer shall be responsible for maintenance of the Common maintenance 'Areas. Prior to Homeowners' Association, or assessment district;, or similar entity's acceptance of responsibility for the landscaping, the Applicant /Developer shall replace any dead plants and make any necessary repairs to the irrigation system c*nsistent with the landscape plan approved for the subdivision. p. Native and /or Drought Tolerant Plantings: The use of native and /or drought - tolerant shrubs and trees shall be utilized for landscaping purposes in order to stabilize graded slopes and encourage the return of some wildlife species displaced from the project site as a result of grading activities. q. gxotic Plants Prohibited: Exotic plants which are known to spread beyond their original plantings and invade native habitats such as Pampas Grass, Spanish Broom, and Tamarisk shall not be used. r. Turf Plantings: Any turf plantings shall be drought tolerant, low water -using varieties. Surety for Rough Grading 29. A rough grading permit shall not be approved until; 1) an early grading agreement is approved and signed by the City Manager; and 2 ) the City Engineer, and the Director of Community Development approve the acceptance of a Performance Bond to guarantee implementation of the erosion control plan, and completion of the rough grading; construction of °C" Street and all related improvements including landscaping; construction of Walnut Canyon Road and Grimes Canyon Road improvements, including required off - site improvements; construction of potable and reclaimed water line extensions and two water tanks; construction of sewer line extensions; construction of all required drainage improvements; and implementation and maintenance of habitat restoration (as required by the mitigation monitoring program). In the case of failure to comply with this condition, the City Council may by resolution declare the surety forfeited. Upon completion of rough grading and erosion control plan compliance to the satisfaction of the City, and following recordation of all phases of the Final Vesting Map, the City Council may reduce the amount of the bond; however, the bond must be kept in full force and effect for a minimum of one year following rough grading to ensure adequate erosion control and revegetation. Surety for Common Maintenance Area Improvements 11 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 30. No Zoning Clearance shall be issued for grading or other construction activities, until all on -site improvements specified in this permit have been provided, or the Director of Community Development approves the acceptance of a Performance Bond to guarantee the construction, installation, and maintenance of Common Maintenance Area improvements for each phase of the residential development including, but not limited to perimeter tract walls (including stucco treatment), fences, median and parkway landscaping, slope planting, irrigation, and other landscape improvements. On -site improvements shall be completed within 120 days of issuance of the first Certificate of Occupancy for each phase. In case of failure to comply with any term or provision of this condition, the City Council may by resolution declare the surety forfeited. Upon full completion of the required improvements to the satisfaction of the City, the City Council may reduce the amount of the bond; however, the bond must be kept in full force and effect for one year after the last residential occupancy for each phase to guarantee that items, other than landscaping, such as, but not limited to, perimeter tract walls, including stucco treatment, landseaping-r fences, slope planting or other- landseape related improvements are maintained. Surety for Reclaimed Water Facilities and Infrastructure 31. Reclaimed water shall be used for all public and private Common Maintenance Area landscaping irrigation. Prior to rough grading permit approval, the City Engineer shall require surety for the construction of the reclaimed water facilities and infrastructure. Landscaping Requirements for Individual Residential Lots 32. The CC &R's and Design Guidelines shall include landscaping requirements for each residential property. Prior to the issuance of a Zoning Clearance for each residential unit or phase of residential development, three sets of Landscaping and Irrigation Plans shall be submitted to the Director of Community Development for review and approval. The Landscaping and Irrigation Plans shall be prepared by a State - Licensed Landscape Architect and shall be in accordance with the Ventura County Guide to Landscape Plans, and applicable City policies, plans and ordinances. The applicant shall bear the full cost of plan review and final inspection. The Landscaping and Irrigation Plans shall include landscaping specifications, planting details, and design specifications consistent with the following requirements: a. Landscaping Near Intersections: Landscaping near street intersections shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. b. Security: Landscaping shall be designed so as to not obstruct the view of any exterior door or window from the street. C. Trees Prohibited Under Street Lights: Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. d. Irrigation: Irrigation shall be provided for all permanent landscaping, as identified in the approved landscape plan. The CC &R's shall include landscape maintenance requirements for homeowners, including replacement of any dead plants, and any necessary repairs to the irrigation system, consistent with the approved landscape plan. 12 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 e. Exotic Plants Prohibited: Exotic plants which are known to spread beyond their original plantings and invade native habitats such as Pampas Grass, Spanish Broom, and Tamarisk shall not be used. f. Turf Plantings: Any turf plantings shall be drought tolerant, low water -using varieties. Perimeter Property Line Fencing /Walls 33. A perimeter boundary fencing /wall plan is required to be submitted for the Director of Community Development's approval, prior to approval of the first phase of Final Vesting Map No. 4928. The perimeter boundary fencing /wall plan shall include the type, height, and location of all fencing and /or walls to be installed along the perimeter of the entire project site and along "C" Street. Boundary perimeter fencing or walls shall be installed prior to the first residential or golf course occupancy in each phase. Perimeter boundary fencing '�nta n f 9 feet in heig �} shall be a minimum of 6 feat In height and shall be installed by the Applicant /Developer adjacent to agricultural zoned property prior to the first golf course occupancy approval or first residential occupancy approval north of "C" Street, whi.citmver occurs first, and shall represent a substantial barrier to discourage vandalism and trespassing. The Director of Community Development may approve high - quality chain link or si.milax fencing adjacent to agricultural properties in locations where such fencing would not be visible from the public right of way or the adjacent residential pads. Location of Property Line Fencing /Walls 34. All property line fencing or walls shall be constructed consistent with the Design Guidelines requirements, and shall be no further than one inch from the property line. Noise Management 35. The interior noise levels of dwelling units on lots bordering Walnut Canyon and Grimes Canyon Roads shall conform with the noise insulation standards of Chapter 1, Article 4, Section 1092 of Title 25 of the California Administrative Code. Noise source levels shall be based upon the traffic volumes projected for the Year 2010 along Walnut Canyon and Grimes Canyon Roads, as predicted in the traffic technical report in the environmental document for this project. Determination as to whether the architectural design for these dwelling units complies with this condition shall be made by the Building Department and Director of Community Development prior to the issuance of building permits. General Grading Sequence 36. Rough and fine grading permits shall be required to complete construction of required residential and golf course infrastructure and lots: 1) a mass or rough grading permit may shall be approved prior to recordation of Phase 1 of the Final Vesting Maps subject to submittal and approval of an early grading agreement, compliance with other conditions of approval, and provision of surety to guarantee implementation of the erosion control plan and completion of rough grading, construction of "C" Street and all related improvements including landscaping, construction of Walnut Canyon Road and Grimes Canyon Road improvements including required Off -site improvements, construction of potable and reclaimed water line extensions and two water tanks, construction of sewer line extensions, construction of all required drainage improvements, and implementation and maintenance of habitat restoration (as required by the mitigation monitoring program); 13 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 and 2) subsequent fine grading permits shall be issued for individual phases of the Final Vesting Map after recordation. Contour Grading 37. Rough and fine grading plans must conform with the principles of contour grading. Manufactured landforms shall be contoured and use daylight grading techniques to provide a smooth and gradual transition of graded and natural slopes, while preserving the basic character of the surrounding ridgelines of the site. All grading plans for lots shall be reviewed for compliance with these principles by the Director of Community Development and the City Engineer. Also, the grading plan shall indicate the manner in which the graded slopes shall be blended with the natural slope of the site. Temporary Irrigation for Erosion Control Landscaping 38. Temporary irrigation shall be provided for all non permanent erosion control landscaping until it is replaced with permanent irrigation unless otherwise approved by the Director of Community Development. Temporary irrigation must be replaced with permanent irrigation prior to issuance of a Zoning Clearance for the first building permit in each phase unless drought tolerant plants selected do not require permanent irrigation. Stabilize Slopes 39. Planned vegetation, irrigation, structures, roadways, paths, and continuing maintenance programs shall be used to stabilize manufactured slopes. Aesthetic Treatment of Manufactured Slopes 40. Suitable quantities of trees massed near the landform crest and shrubs of varying sizes on graded slopes shall be used to screen structures and to soften the visual appearance of the manufactured slopes. Quilagn w 41. Cross lot drainage shall not be allowedf all lots shall drain directly to an approved drainage system, Drainage Structures 42. Concrete drainage structures shall be tan colored concrete and, to the extent possible, shall incorporate natural structure and landscape to reduce their visibility. Water Tanks 43. Prior to approval of Phase 1 of the Final Vesting Map, the subdivider shall work with Waterworks District No. 1 to ensure that any water tank on the project site shall be painted an earthtone color, such as tan, and screened with an earthen berm and draught tolerant landscaping to minimize visual impacts. The tank color and landscaping plan shall be approved by the Director of Community Development prior to installation. An irrigation system shall be established for the landocapiogi however, irrigation can be discontinued after landscaping has become established and irrigation water is no longer required, upon written approval by the Director of unity, Development. Calleguas Municipal Water District Release 14 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 44. Prior to issuance of the first Zoning Clearance for each Phase of development permitted under Vesting Map entitlements, the developer shall demonstrate by possession of a District Release from the Calleguas Municipal Water District that arrangements for payment of the Construction Charge applicable to the proposed project have been made. The Applicant /Developer shall also be required to comply with Ventura County Waterworks No. 1 Rules and Regulations, including payment of all applicable fees. Cross Connection Control Devices 45. At the time water service connection is made for each project, cross connection control devices shall be installed for the water system in a manner approved by the County Waterworks District No. 1. Water Well Relocation or Modification 46. Relocation and /or modification of the existing wells on the property shall be subject to the approval of Waterworks District No. 1 and the Director of Community Development. Screening shall be required including, but not limited to, walls or an earth" berm, and landscaping. The well screening and relocation plan shall be submitted for Waterworks District No. 1 and Director review and approval prior to City approval of any grading permit. Rlormanant irrxgati*n Shall be provided hoar landscaping for consistency with golf course landscaping. Television Cable Service 47. Television cable service shall be provided to all residential units consistent with City cable system requirements. Undergrounding of cable wires is required and no lines shall be allowed to be extended along the exterior walls of the residential buildings. Undergrounding of Utilities 48. Prior to approval of any phase of the Final Vesting Map, the subdivider shall post sufficient surety to assure that all proposed utility lines designed to serve the proposed project, both within and immediately adjacent to the project site, shall be placed underground to the nearest off -site utility pole. All existing utilities shall also be undergrounded to the nearest off -site utility pole with the exception of 66 KV or larger power lines. This requirement for undergrounding includes all above - ground power poles on the project site as well as those along the frontage of the site adjacent to Walnut Canyon and Grimes Canyon Roads. The subdivider shall indicate in writing how this condition will be satisfied. Declaration of Public Nuisance 49. The continued maintenance of the Common Maintenance Areas shall be subject to periodic inspection by the City. The Applicant /Developer or responsible Homeowners' Association, assessment district or similar maintenance entity, shall be required to remedy any defects in ground maintenance, as indicated in writing by the City, within five (5) days after notification. The Director of Community Development may declare a development project or individual property that is not in compliance with the Conditions of Approval, or for some other just cause, a "public nuisance ". The subdivider /developer, Homeowners' Association, or each individual property owner, as applicable, shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance 15 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 with the Conditions of Approval or applicable codes. The City may enact special assessment proceedings against the parcel of land upon which the nuisance existed to pay all City costs related to abatement of the nuisance (Municipal Code Section 1.12.080). Unconditional Will Serve Letter 50. Prior to issuance of a building permit for any phase of the project, an "Unconditional Will Serve Letter" for water and sewer service shall be obtained from the Ventura County Waterworks District No. 1. State ReRUtment of Fish and game Notice of Determination Fi.lin Fee 51. Within two days after the City Council adoption of a resolution approving General Plan Amendment No. 94-1, nesting Tentative Map No. 4928, RPD Parmit Ito. 94 »1, and CLIP No. 94-1, the applicant shall. Submit to the City of Moorpark a check for $875.00, payable to the County of Ventura, to comply with Assembly Sill 3158,, for the management and protection of statewide fish and wildlife txust resources. Pursuant to Public Renources Code section 21089 (b) and Fists and Game Code section 711.4 (c), the project is not curative, vested or final until the filing fees are paid. II. CITY BNGINSER CONDITIONS OF APPROVAL PRIOR TO ISSuamcz OF A GRADING PST FOR ROUGH GRA DING, THE F- OLLOWING C- CNDITIONS SHALL BE SATISFIED: General Requirements 52. The Applicant /Developer shall have received City Council approval for all phases of Final Map No. 4928 and the staged grading exhibit and schedule. 53. The final design for the project entrance(s) shall be reviewed and approved by the Director of Community Development Department and City Engineer. P=OR To 000' tJZ9 AR AX= aAPOPirJAA'i SM a!= SMZPZM MWT TOR "= aR $XVX=Z lL 54. Prior to Zoning Clearance approval for the building permit for each residential dwelling unit, the applicant shall pay to the City the Los Angeles Avenue Area of Contribution (AOC) Fee, which shall be the dollar amount in effect at the time the Pee is paid. 55. Prior to Zoning Clearance approval for the building permit for each residential dwelling unit, the applicant shall pay to the City the Gabbert /Casey road Area of contribution (A0C) Fee, which shall be the dollar amount in effect at the time the fee is paid. PRIOR TO OCCUPANCY OF THE FIRST RESIDENTIAL UNIT OR GOLF COURSE FACILITY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 56. All habitable structures shall have been designed according to the most recent UBC requirements to accommodate structural impacts from ground acceleration and a maximum credible earthquake event. 16 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 57. City Ordinance No. 100 and the Federal Emergency Management Agency (FEMA), require updating of the National Flood Insurance Program maps for affected areas whenever any alteration of the watercourse is made. If a FIRM map revision is necessary, all materials required by FEMA for a map revision shall be provided to the City Engineer's office. This material will demonstrate the revised flood plain locations following development. This information will be forwarded by the City Engineer to the FEMA for review and updating of the National Flood Insurance Program maps. If updates to the flood zone have been made a conditional letter of map revision shall be provided to the City prior to issuance of a zone clearance for occupancy of the first residential unit. The subdivider will be responsible for all costs charged by the FEMA and the City's administrative costs. Street Improvements Walnut Canyon Road: 58. Prior to occupancy of the first residential unit of Tract 4928, the developer shall have improved Walnut Canyon Road per Ventura County Standard Plate B -7B and as shown on sheet 3 of 4 of approved Vesting Tentative Tract 4928. 59. The improvements on Walnut Canyon Road shall provide a 13 foot northbound through lane, 12 foot northbound left turn lane, 12 foot southbound right turn lane, 13 foot southbound through lane, 12 foot south bound acceleration lane (south of the "C" street intersection) with 10 foot paved shoulders on each side consistent with Sheet 3 of 4 of the approved Vesting Tentative Map No. 4928. 60. The primary project collector street intersection with Walnut Canyon Road (State Roote 23) and Walnut Canyon Road i.mgrovOmenta shall be designed in consultation with the City and CaEltrans to assure that acceptable turning radii, lane widths, shoulders, lane tapers, and adequate acceleration and deceleration improvements are constructed and adequate sight distance is provided. Modifications to State Route >23, as required by Caltrans shall be constructed prior to occupancy of the first residential unit of Tract No. 4928 or the first golf course facility, whichever occurs first. An encroachment permit shall be obtained from Galtrans prior to construction of any proposed roadway improvements. Any additional right -of -way required to implement the iCaltrans approved design for this entrance intersection shall be acquired by the subdivider and dedicated to the state in a manner acceptable to Calt.rans. '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 eight -- distance or turning movement operations. Grimes Canyon Road: 61. Prior to occupancy of the first gelf residential unit of Tract No. 4928, construction modifications to Grimes Canyon Road and the Grimes Canyon Road / "C" street intersection are required to be completed per Ventura County Standard Plate B -7B and per sheet 3 of 4 of approved Vesting Tentative Tract 4928. The (60 foot ROW) shall be widened as necessary to construct: a dedicated 12 foot southbound left, 13 foot northbound right turn lane, and 16 foot through lane for the project entrance with "C" street, and 10 foot wide paved shoulders. 17 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 62. Prior to occupancy of the first residential unit of Tract 4928, the intersection improvements to the Grimes Canyon Road and the Grimes Canyon /Highway 118 (Los Angeles Avenue) intersection shall be completed. The existing improvements shall be modified to provide a southbound left turn pocket on Grimes Canyon Road and westbound right turn lane on Los Angeles Avenue. Modifications shall also be made at the railroad crossing adjacent to this intersection to improve the safety of this location. In addition, a median acceleration lane shall be provided for southbound traffic turning eastbound along State Route 118. Plans for modification of the Los Angeles Avenue (State Route 118) /Grimes Canyon Road intersection, shall be reviewed and approved by the City and Caltrans. Plans for modification of the railroad crossing shall be reviewed and approved by the Southern Pacific Railroad and the City. A sight distance study shall also be conducted as part of the intersection and railroad crossing modifications. Interior Streets: Public Streets: 63. Prior to occupancy of the first residential unit of Tract 4928, "C" Street shall be completed per Ventura County Standard Plate B -4A modified to have a sixty (60) foot right of way and configured to provide the following cross section as shown on sheet 1 of 4 of approved Tentative Map 4928: 1 -six (6) foot sidewalk located within the southerly 18 -foot parkway 2 -eight (8) foot bikelanes 2- twelve (12) foot travel lanes 1 fourteen (14 ) foot Sian at "C" Street Nntrancewa.ys Left Turn Pocket at all Cross - streets (not including three -way stop at clubhouse entry drive The northerly parkway shall maintain a 2 percent slope for a minimum distance of 5 feet from the proposed back of curb. Rolled curbs shall be permitted providing no design /drainage constraints prevent their use. A 3- way stop sign shall be provided at the intersection of "C" Street and the clubhouse entry drive. To avoid conflicts with traffic on "C" Street a tunnel shall be eeastr-meted under. "C" Street, nary^ c4f the %4peet gG4 eeerse's ninth green, to allow 991f eeerF asere teeL-ese- rider the readway A- fennel, or similar underbridge accessway, shall be constructed under the "C" Street bridge to enable connecting the 14th and the 15th holes for the West golf course. The tunnels shall be constructed to specifications approved by the city zrmg veer. Left turn storage lanes are required at all public and private intersections on "C" Street. Adequate intersection right of way shall be provided for constructing all left -turn pockets without decreasing other lane width and parkway requirements. Private Streets: 64. Private Streets and cul -de -sacs shall conform to the Case A and Case B cross sections as depicted on Sheets 1 of 4 of the approved tentative map. All shoulders shall be paved with stamped concrete unless otherwise approved by the Director of Community Development. The color of the stamped concrete shall also be approved by the Director of Community Development. Cul -de -sacs having a sump drainage configuration shall provide alternate escape routes for water without creating any adverse impact to private property. 18 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 65. All interior streets shall be completed as the phasing plan requires and as directed by the City Engineer. Utilities 66. Utilities, facilities and services for the project area shall have been extended and /or constructed, in conjunction with phased development of the tract by the developer, as the project proceeds. 67. Installation of all electrical, natural gas, telephone and provision for solid waste collection services and cable television to the Project Area will be completed. Solid waste collection will be provided by private companies as regulated by the City. These services will be phased in conjunction with development of the project area. DURING CONSTRUCTION, THE POLLOVING CONDITIONS SHALL APPLY: 68. Grading may occur during the rainy season from October 15 to April 15 if approved by the City of Moorpark and subject to installation of debris and erosion control facilities. Erosion control measures shall be in place and functional between October 15th and April 15th. Along with the erosion control measures, hydroseeding of all graded slopes shall be required within 30 days of completion of grading. 69. That prior to any work being conducted within the State, County, or City right of way, the subdivider shall obtain all necessary encroachment permits from the appropriate Agencies. 70. All unimproved areas with vehicle traffic shall be watered periodically and the vehicle speed shall be limited to 15 mph. 71. During site preparation and construction, minimize disturbance of natural ground cover on the project site until such activity is required for grading and construction purposes. 72. During clearing, grading, earth moving or excavation operations, dust emissions should be controlled by regular watering with reclaimed water, if available, paving construction roads and other dust prevention measures. The Applicant /Developer shall submit a dust control plan, acceptable to the city, concurrently with submittal of the rough (as opposed to the fine) grading plan. This plan shall include, but is not be limited to the following measures: a. Water all site access roads and material excavated or graded on or Off-Bite to prevent excessive amounts of dust. Watering shall occur a minimum of at least two times daily, preferably in the late morn- ing and after the completion of work for the day. Additional watering for dust control shall occur as directed by the City. The Dust Control Plan shall indicate the number of water trucks which will be available for dust control at each phase of grading. b. Cease all clearing, grading, earth moving, or excavation operations during periods of high winds (15 mph or greater in one hour). The contractor shall maintain contact with the Air Pollution Control District (APCD) meteorologist for current information about average wind speeds. C. Water or securely cover all material transported off -site and on- site to prevent excessive amounts of dust. 19 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 d. Minimize the area disturbed at any one time by clearing, grading, earth moving and excavation so as to prevent excessive amounts of dust. e. Keep all grading and construction equipment on or near the site, until these activities are completed. f. Wash off heavy -duty construction vehicles before they leave the site. g. Apply nonhazardous chemical stabilizers to all inactive portions of the construction site. When appropriate, seed exposed surfaces with a fast - growing, soil- binding plant to reduce wind erosion and its contribution to local particulate levels. h. Observe a 15 mile per hour speed limit for the construction area. i. Periodically sweep public streets in the vicinity of the site to remove silt (i.e., fine earth material transported from the site by wind, vehicular activities, water runoff, etc.) which may have accumulated from construction activities. 73. The Applicant /Developer shall request that all employees involved in grading operations on the project wear face masks to reduce the inhalation of dust which may contain the fungus which causes San Joaquin Valley Fever. 74. Maintain equipment engines in good condition and in proper tune as per manufacturers' specifications to prevent excessive emissions. 75. All diesel engines used in construction equipments should use high pressure injectors. 76. All diesel engines used in construction equipments ebeuld shall use reformulated diesel fuel. 77. 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. 78. During site preparation and construction, construct temporary storm water diversion structures per City of Moorpark standards. 79. 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. 80. Immediately surrounding property owners shall be notified in writing on a monthly basis of construction schedules involving major grading. 81. Construction activities shall be limited to between the following hours: a) 7:00 a.m. and 7:00 p.m. Monday through Friday, and b) 9:00 a.m. to b 6:00 p.m. Saturday. SatuEday . }, ;411 ba per-mitted : th then Construction work on Saturdays will require payment of a premium for City inspection services, and may be further restricted or prohibited should the City receive complaints from Adj*cent property owners. No Construction work is to be done on Sundays, pursuant to or-diwaRee- -,#149 'Section 20 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 15.26.010 of the Municipal Code eE as It c ie the nd- e afAAL-GvaI 82. Truck noise from hauling operations shall be minimized through establish- ing hauling routes which avoid residential areas and requiring that "Jake Brakes" not be used along the haul route within the City. The hauling plan must be identified as part of the grading plan and approved by the City Engineer. 83. The Applicant /Developer shall ensure that construction equipment is fitted with modern sound - reduction equipment. 84. Equipment not in use for more than ten minutes should be turned off. 85. The fuel injection grading of all diesel engines used in construction equipment should be retarded two degrees from the manufacturer's recommendation. 86. Construction grading shall be discontinued on days for first stage ozone alerts (concentration of 0.20 ppm) as indicated at the Ventura County APCD air quality monitoring station closest to the City of Moorpark. Grading and excavation operations shall not resume until the first stage smog alert expires. 87. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriff's Department, and the City Construction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 88. The subdivider shall utilize all prudent and reasonable measures (including installation of a 6 foot high chain link fence around the construction sites or provision of a full time licensed security guard) to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury. PRIOR TO ACCEPTANCE OF PUBLIC DWROVIUMTS AND BOND EXONERATION, THE IrOLZOVING CONDITIONS STALL BE SATISFTED: 89. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 90. The Applicant /Developer shall file for a time extension with the City Engineer's office at least six weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required will be in conformance with the applicable ordinance section. 91. A copy of the recorded Map(B) shall be forwarded to the City Engineer for filing. 92. Sufficient surety in a form acceptable to the City guaranteeing the public improvements pertinent to each phase shall be provided. 93. All surety guaranteeing the public improvements shall remain in place for one year following acceptance by the City. Any surety bonds that are in effect three years after final map approval or issuance of the first building permit shall be increased an amount equal to of greater than the consumers price index (Los Angeles /Long Beach SMSA) for a period since original issuance of the surety and shall be increased in like manner each year thereafter. 21 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 94. Original "as built" plans will be certified by the developer's civil engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 36 ", they must be resubmitted as "as builts" in a series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as builts" plans is required before a final inspection will be scheduled. III. CITY OF MOORPARK POLICE DEPARTMENT CONDITIONS CONSTRUCTION SITE SECURITY DURING GRADING OPERATIONS AND DURING CONSTRUCTION OF INDIVIDUAL RESIDENTTAT• UNITS: 95. A licensed security guard is required during the construction phase, unless a 6 -foot high chain link fence is erected around the construction site. 96. Construction equipment, tools, etc., shall be properly secured during non- working hours. 97. All appliances (microwave ovens, dishwashers, trash compactors, etc.) shall be properly secured prior to installation during non - working hours. All serial numbers shall be recorded for identification purposes. 99. Contractors and sub- contractors shall contact the Moorpark Police Department for "Tailgate" meetings regarding loss prevention on the work site. PRIOR TO ZONING CLEARANCE/BUILDING PERitIT: 100. Lighting plans showing the type and location of all lighting devices shall be submitted to the Police Department for review and approval. 101. At major and minor entrances and any where a wall exists, the area directly in front of the wall shall be planted with seaur -Ity aling3.z3g vines or similar planting to prevent graffiti. 102. Front door entrances or entrance areas shall be visible from the street. PRIOR TO ISSErANCE OF AN OCCUPANCY PERAQT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 103. The address shall be clearly visible to approaching emergency vehicles, a minimum of 6 inches in height, and illuminated during hours of darkness. 104. All exterior doors shall be constructed of solid wood core, a minimum of 1 and three quarters inches thick, or of metal construction. Front sliding glass doors are acceptable but should be visible to the street. 105. Doors utilizing a cylinder lock shall have a minimum five (5) pintumbler operation with the locking bar or bolt extending into the receiving guide a minimum of 1 -inch deadbolt. 106. No easy exterior access to the roof area of any structure, i.e. ladders, trees, high walls, etc. shall be permitted. 22 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 107. If an alarm system is used, it shall be wired to all exterior doors and windows and to any roof vents or other roof openings where access may be made. 108. Peep holes and secondary locking devices shall be placed on all entry. doors. 109. Upon occupancy by the owner or proprietor, each single unit in the development constructed under the same Residential Planned Development, shall have locks using combinations which are interchanging free from locks used in all other separate proprietorships or similar distinct occupancies. IV. VENTURA COUNTY FIRE PREVENTION DISTRICT CONDITIONS Fire Hazard Reduction Program 110. Prior to issuance of a grading permit or Zoning Clearance for any building permit, the Applicant /Developer shall retain a a registered landscape architect, familiar with the objectives of fuel management in wildland -urban interface, to prepare a Fire Hazard Reduction Program. This program shall be prepared in consultation with the County Fire Protection District and shall be approved by the Director of Community Development. The program shall apply to the 100 -foot non - buildable easement required by Vesting Tentative Map No. 4928 The landscape plan for the 100 -foot non - buildable easement shall include native species. a. The vegetation management requirements of the plan shall be clearly defined. The golf course operators and Homeowners Associations shall be responsible for implementing this program in perpetuity. Fuel modification zones are proposed to be retained in as natural a state as safety and fire regulations will permit. b. The fuel modification zone shall be designed by and planted under the supervision of a landscape architect with expertise in native plant materials and habitat restoration, with the approval of the Director of Community Development, to appear as a transition between the built environment and natural open space. C. Within the modification zone, native and non - native high -fuel vegetation will be removed and replaced with low -fuel vegetation. The height of plant materials will be kept to a minimum. Planting requirements include a combination of trees, shrubs, and groundcover. Irrigation will not be provided, except in established wet zones, unless necessitated by the plant materials used. 111. During all grading and site clearance activities, earth moving equipment shall be equipped with spark arrestors and at least two fire extinguishers. All equipment used in the vegetation clearance phase shall be equipped with spark arrestors and best available fire safety technology. The vegetation clearance activities shall be coordinated with and approved by the County Fire Prevention Division. 112. All equipment and material staging activities shall be coordinated with the County Fire Prevention Division. Fire prone construction activities shall be prohibited during "Santa Ana" wind conditions. 113. All grass or brush exposing any structures shall be cleared for a distance of 100 feet prior to framing. 114. An approved spark arrester shall be installed on all chimneys. 23 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 Road and Drivewav Requirements 115. Complete circulation shall be provided for each phase of the development. Each phase shall stand alone, meeting all requirements for access, without depending on future development of neighboring phases to complete second access or water requirements. 116. The collector road system proposed for the project shall be reviewed and approved by the Ventura County Fire Protection District prior to issuance of grading permits. 117. Access roads shall be installed with an all weather surface, suitable for access by Fire Department apparatus. 118. For residential streets without stamped concrete parking areas: Double loaded streets shall be a minimum of 36 feet wide with parking allowed on both sides. The rolled curbs shall not interfere with the width of the street and shall be provided outside of the required width. Single loaded streets shall be a minimum of 32 feet wide with parking allowed on one side only. The rolled curbs shall not interfere with the width of the street and shall be provided outside of the required width. 119. For residential streets with stamped concrete parking shoulders: Double loaded streets shall be a minimum of 28 feet of pavement with 6 foot stamped concrete shoulders on both sides. Shoulders shall encourage parking through signage or markings approved by the City Director of Community Development, City Public Works Director, and the Fire District. Single loaded streets shall be a minimum of 28 feet of pavement with a 6- foot stamped concrete shoulder on one side, and shall be posted with parking allowed on only one side. Signage and /or markings shall encourage parking on the stamped concrete in a manner approved by the City Director of Community Development, City Director of Public Works, and the Fire District. 120. The access roadway(s) shall be extended to within 150 feet of all portions of the exterior walls of the first story of any building. Where the access roadway cannot be provided, approved fire protection system or systems shall be installed as required and acceptable to the Fire District. 121. Access roads shall not exceed 15 percent grade. 122. Approved turn around areas for fire apparatus shall be provided where the access road is 150 feet or more from the main project collector. Cul -de- sacs shall have a minimum diameter of 80 feet. 123. Any gates to control vehicle access are to be located to allow a vehicle waiting for entrance to be completely off the public roadway. The method of gate control shall be subject to review by the Bureau Fire Prevention. A minimum clear open width of 15 feet in each direction shall be provided. If gates are to be locked, a Knox System shall be installed. 124. Prior to recordation of Phase 1 of the Final Map, proposed street names shall be submitted to the Fire Department Communication Center for review and comment. 125. 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. 126. All driveways shall have a minimum vertical clearance of 13 feet 6 inches, and this requirement shall be included in the CC &R's /Design Guidelines. 24 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 Fire Hydrant /Fire Flow Requirements 127. Prior to recordation of the first phase of residential development, the Applicant /Developer shall provide verification that the water purveyor can provide the required volume /fire flow for the project. 128. Prior to construction, the Applicant /Developer shall submit plans to the Ventura County Bureau of Fire Prevention Division for the approval of the location of fire hydrants; all hydrants shall be shown on the plan that are situated within 300 feet of the perimeter of the residential development. 129. A minimum fire flow of 1,000 gallons per minute at 20 psi shall be provided. The location and capacity of all water storage and conveyance facilities shall be reviewed and approved by the District prior to the recordation of the Final Map and prior to the issuance of building permits. 130. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the County Water Works Manual. These standards specify: a. Each hydrant shall be a 6 inch wet barrel design, and shall have one 4 inch and one 2 } inch outlet. b. The required fire flow shall be achieved at no less than 20 psi residual pressure. C. Fire hydrants shall be spaced 300 feet on center, and so located that no structure will be farther than 150 feet from any one hydrant. d. Fire hydrants shall be set back in from the curb face, 24 inches on center. A-11 brush d €e�4tstanee =vx� gravy v= axvv�'! eiFpve�ii� ailTe�i''He�13 i''ee shall �e�- �e�'ii�e� , 7 2 T approved U &ELaagtay h 1 1 California Administrative Code (Title 24- Section 2.1217 Requirements 133. Portions of this development may be in a hazardous fire area and those structures shall meet hazardous fire area building code requirements. 134. The Design Guidelines shall include a requirement that prior to preparation of building plans for new residential structures or additions to existing structures, the architect shall obtain VCFD Form No. 126, "Requirements for Construction." V. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITIONS 135. Prior to City approval of any grading permit for the project, the Applicant /Developer and the District shall enter into a contract for the relocation and /or modification of the existing wells on the property. The relocation plan shall address well locations, provisions for drilling additional wells if necessary (if existing wells are damaged during construction), relocation of conveyance structures, and other matters of mutual concern. A copy of the approved contract shall be submitted to the City. The Applicant /Developer shall be responsible for complying with all terms and conditions of the relocation contract. 25 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 136. Prior to issuance of a grading permit, the proposed infrastructure plan for the project shall be designed to place all required sewer and reclaimed water conveyance facilities in the Gabbert Canyon alignment. The Applicant /Developer shall obtain all necessary right -of -way and easements to install the required infrastructure in this alignment. 137. Prior to issuance of a Zoning Clearance for a building permit, the applicant for service shall comply with the Ventura County Waterworks District No. 1 "Rules and Regulations" and any subsequent additions or revisions thereto. Ultra low plumbing fixtures are required in all new construction. Any requirements by the Fire Protection District, that are greater than Waterworks District No. 1 existing facilities are the responsibility of the Applicant /Developer. 138. Waterworks District No. 1 has an existing water transmission line, which shall be relocated at Applicant /Developer's cost, as approved by the District. 139. The Applicant /Developer shall be responsible to construct and pay for the required in -tract and off -site water, reclaimed water and sewer improvements necessary to serve the property. 140. Applicant /Developer shall be required to pay all applicable water capital improvement fees and sewer connection fees in accordance with the District's Rules and Regulations. VII. MITIGATION MEASURES APPLICABLE TO THE RPD PERMIT 141. The approved Mitigation Monitoring Program is included as Attachment-4 3 to 1180*1ution No. , and all mitigation measures are requirements of the RPD Permit, as applicable. Some of the adopted mitigation measures are duplicates or very similar to the conditions of approval. In cases where a mitigation condition conflicts with a condition of approval, the stricter or more specific language shall apply, as determined by the Director of Community Development during the condition compliance review for each phase of development. 26 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 1, 1996 ATTACED4ENT 1 MOORPARK COUNTRY CLUB ESTATES PROTECT DRAFT DESIGN GUIDELINES FOR RESIDENTIAL DEVELOPMENT 27 Ic CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 1, 1996 CONDITIONAL USE PERMIT NO. CUP -94 -1 CONDITIONS OF APPROVAL I. DEPARTMENT OF COMMIINITY DEVELOPMENT CONDITIONS Permitted Uses 1. Conditional Use Permit No. CUP -94 -1 is granted for the land and project identified as Moorpark Country Club Estates Golf Course Project: General Plan Amendment No. 94 -1 (Open Space 2 land use designation), Zone Change No. 94 -1 (Open Space Zone), Phased Tentative Map No. 4928, and CUP -94 -1. The location and design of all site improvements shall be as shown or described on the approved Vesting Tentative Map (Sheets 1 -4, d*ted March 26,_,1996), Conceptual Landscape Plans for Streets and Entranceways (Sheets 1 -4), modified to be consistent with the approved Vesting Tentative Map, Clubhouse Plans (Site Plan: Sheet 1, Floor Plan: Sheet 2, East and North Exterior Elevations: Sheet 3, Exterior Elevations West and South: Sheet 4, and Clubhouse Entry Drive Plan /Elevation: Sheet 5), and approved mitigation monitoring program ttae ffien 1), except or unless indicated otherwise herein in the following conditions. The approved project includes two public 18 -hole golf courses (hereinafter referred to West and East golf courses), driving range, 20,400 square feet of clubhouse facilities for the West golf course, a 1,940 square foot Pro - shop /Office /Storage building for the East golf course, a 3,500 square foot cart storage building and a 3,500 square foot maintenance building for the West golf course, and two parking areas to serve both golf courses and related facilities (total parking spaces provided is a minimum of 263, as shown on the site plan). Citv and Other Aaencv Regulations 2. The design, maintenance, and operation of the permit area and facilities thereon shall comply with all applicable City Zoning Code and Municipal Code regulations; all requirements and enactments of Federal, State, County, and City authorities; all City policies, procedures, and standards; and all such requirements and enactments shall, by reference, become conditions of this permit. 3. No conditions of this entitlement shall be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. All Vesting Tentative Map No. 4925 conditions of approval aaro applicable to CUP No. 94 -1. Use Inauguration 4. This CUP is initially approved for a time period of three (3) years from the date of approval of the permit. At the end of the first three -year period, the Director of Community Development may grant a one (1) year continuance of the Permit if use inauguration has not occurred; however, the Applicant /Developer must provide evidence of due diligence towards inauguration of the project. If at the end of the first three -year period only partial construction of approved uses has occurred, the Director of Community Development may grant a five -year extension through a Minor Modification process if due diligence towards completion of construction of the approved uses has been provided. If at the end of the first three - year period all approved uses and facilities have been constructed and CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 1, 1996 full compliance with all conditions has been accomplished, the Director of Community Development may grant a thirty -year extension through a Permit Adjustment process. Additional thirty -year extensions may be granted by the Director through the Permit Adjustment process. The Applicant /Developer must file an application for a Permit Adjustment or Minor Modification, as required above, at least 30 days prior to the approved termination date of the permit. Discontinuance of Use 5. This CUP shall expire when any of the uses for which it is granted, including two public golf courses, clubhouse, and driving range, are abandoned for a period of 180 or more consecutive days. This section is not intended to apply to occurrences beyond the control of the property owner. The City reserves the right to modify the CUP approval if one or more, but not all approved uses are abandoned. Prohibited Uses /Modification to Permit 6. All facilities and uses other than those specifically requested in the application for CUP -94 -1p and as approved herein, are prohibited. The location and design of all site improvements shall be as shown or described on the approved Vesting Tentative Map No. 4928, and the approved CUP site plan, elevations, floor plan, and conceptual landscape plans (except as required to be modified to be consistent with the approved Vesting Tentative VAp and Zoning Code development standards) . other uses, configurations, or designs are prohibited unless an application for a Modification has been approved by the City of Moorpark. Any minor changes to this permit shall require the submittal of an application for a Minor Modification and any major changes to this permit shall require the submittal of a Major Modification as determined by the Director of Community Development. Transfer or Assignment of the Permit 7. A transfer of this permit shall not be effective until the name and address of the transferee and the date when such transfer shall take place, together with a letter from the new owner certifying agreement to comply with all conditions of this permit is filed with, and acknowledged in writing by the Director of Community Development. No later than ten (10) days after change of ownership or lessee of this property, the Director of Community Development shall be notified in writing, of the new owner or lessee. The same letter shall state that the new owner or lessee has read all conditions pertaining to this Permit and agrees with said conditions. Failure to abide by this condition shall render the CUP null and void and shall cause the cessation of all operations granted by said CUP. Severability 8. If any of the conditions or limitations of this permit are held to be invalid, that holding shall not- -i-nualidate any of the rem er 11raltatiens set €eEth- render this cup null and void at the discretion of the City. Applicant /Developer Defense Costs 9. The subdivider shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 1, 1996 CUP, which claim, action, or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The City will promptly notify the Applicant /Developer of any such claim, action, or proceeding, and, if the City should fail to do so, or should fail to cooperate fully in the defense, the Applicant /Developer shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers, and employees pursuant to this condition. The City may, within its unlimited discretion, participate in the defense of any such claim, action, or proceeding if both of the following occur: a. The City bears its own attorney fees and costs; b. The City defends the claim, action, or proceeding in good faith. The Applicant /Developer shall not be required to pay or perform any settlement of such claim, action, or proceeding, unless the settlement is approved by the Applicant /Developer. The Applicant /Developer's obligations under this condition shall apply regardless of whether a Final Map is ultimately recorded with respect to the proposed CUP project. Acceptance of Conditions 10. The acceptance of this permit and /or commencement of construction and /or operations under this permit by the Applicant /Developer shall be deemed to be acceptance of all conditions of this permit and all City Council approved mitigation measures. Condition Compliance Costs 11. The Applicant /Developer shall pay all outstanding City case processing and environmental impact report related costs, prior to initiation of condition compliance review for approval of a grading permit or Zoning Clearance for construction /building permit, and prior to submission of any plans for Building Inspector or City Engineer plan check. Prior to approval of any grading, building, encroachment or other permit related to this entitlement, the Applicant /Developer shall also submit to the Department of Community Development a deposit to cover all costs incurred by the City for Condition Compliance and mitigation monitoring review of the proposed project. Environmental Quality Assurance Program 12. The mitigation monitoring program shall be enforced through implementation of an Environmental Quality Assurance Program (EQAP) by the City. The Applicant /Developer shall pay for 100 percent of the City's cost, including administrative fee, to hire a qualified consulting firm to monitor grading, construction, and mitigation compliance. General procedures governing Environmental Quality Assurance Programs (EQAP), which implement California Environmental Quality Act (CEQA) Mitigation Monitoring Requirements, shall govern this monitoring effort. The selected consultant shall be familiar with golf course development. Zoning Clearance for Building Permits 13. Prior to submittal of construction plans for plan check or initiation of any grading or other construction activity, a Zoning Clearance shall be obtained from the Department of Community Development. The request for Zoning Clearance shall be accompanied by three complete sets of all applicable construction plans. Zoning Clearance for Occupancy Approval and Business Registration CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 1, 1996 14. A Zoning Clearance from the Community Development Department shall be required for occupancy /final building permit approval for each golf course, the driving range, each clubhouse building, and all other maintenance /storage buildings. A Zoning Clearance and Business Registration shall also be required prior to operation of each independent business operation in the approved buildings, to ensure compliance with City Municipal and Zoning Code and CUP requirements. The Community Development Department may determine that certain uses will require other types of entitlements or environmental clearance. Hold Harmless Agreement 15. Prior to Zoning Clearance approval, construction plans may be submitted to the Building and Safety Department and City Engineer for plan check with a City approved Hold Harmless Agreement. Citywide Traffic Mitigation Fee 16. For all golf course lots, prior to approval of the rough grading permit, the subdivider shall pay a Citywide traffic mitigation fee of $154,560 (calculated at $3,000 x 5.6 x 9.418 acres). This fee shall be adjusted annually (commencing one year from the approved date of CUP loo. 94-1) by any increase in the Consumer Price Index (CPI) until paid. The CPI Increase shall be determined by using the information provided by the U.S. Department of 'T.abor, Saroau of Labor Statistics, for all urban consumers within the Las Angeles /Anaheism /Riversids metropolitan area duri.ncj the prior year. The calculation shall be made using the month of January of each year, Air Quality Mitigation Fee 17. Air quality mitigation fees for the golf courses shall be paid in three payments, with the first payment to occur prior to occupancy approval for the first golf course, and the second and third payments to be made one year and two years following the first golf course occupancy approval. The three golf course air quality impact fee payments shall be $42,998.94 for the first year, $44,531.54 for the second year, and $45,308 for the third year. Art in Public Places Fee /Obligation 18. The Applicant /Developer shall contribute to the City of Moorpark's Art in Public Places Fund, an amount of $10 per each 100 square feet of building area; or, if approved by the City Council, may install an art work of equivalent value near or at the clubhouse facilities. Park and Recreation Fee 19. The Applicant /Developer shall contribute an amount of $.25 per each square foot of clubhouse building area to fund park and reereatzien R64r-4-piong to be pEovided to employees improvements by the City. School Assessment Fees 20. Prior to issuance of a building permit for any phase of the Project, the Applicant /Developer shall pay all school assessment fees levied by the Moorpark Unified School District. Ordinance 102 Reguirement 21. The applicant shall pay a fee established pursuant to Ordinance 102 in the amount of $.05 per square foot of building area to be used to install, CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 1, 1996 maintain, and replace landscape work on public property for the purpose of mitigating the removal of the natural landscape from the property of the new development. Relationship to Vesting Map No. 4928 22. No Zoning Clearance for golf course installation of irrigation and permanent, landscaping, and construction of golf course buildings, shall be issued until Phase 1 of Vesting Map No. 4928 has been recorded. Non - Compliance with Conditions of Approval Deemed a "Public Nuisance" 23. The Director of Community Development may declare a development project that is not in compliance with the Conditions of Approval or for some other just cause, a "public nuisance." The Applicant /Developer or property owner, as applicable, shall be liable to the city for any and all costs and expenses to the city involved in thereafter abating the nuisance and in obtaining compliance with the Conditions of Approval or applicable codes. If the Applicant /Developer fails to pay all city costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance exists (Municipal Code Section 1.12.080). Not withstanding the aforementioned sanctions, non - compliance with conditions of approval may also be used as justification for cancellation of this CUP. In such a case, the Director of Community Development shall schedule a revocation hearing before the City Council. Enforcement of Vehicle and Municipal Codes for "C" Street 24. Prior to opening "C" Street and the golf course clubhouse private drive and parking lots to public use, the applicant shall request the City to adopt a resolution authorizing enforcement of applicable provisions of the Vehicle Code and Moorpark. Municipal Code. Provision for Image Conversion of Plans into Optical Format 25. Upon recordation and prior to the first occupancy approval, the builder shall provide to the City an image conversion of any associated building, landscape, public improvement, elevation, and site plans into an optical format acceptable to the City Clerk. n Imerevemeta 25. Except for the street- improvements, maintenance responsibility for the other "C° Street "Common Maintenance Areas ", including but not limited to the landscaping improvements in the parkway, medians, and at the entrancewayoj the bus stopsp storm drains; and any slope directly affecting drainage, and any other items deemed necessary by the City, shall be provided by an assessment district. The total cost of the maintenance provided by the assessment district shall be borne by all of the residential and golf course property owners within the entire Vesting Map No 4928 area, as applicable. The Applicant /Developer shall be responsible for installing all xec,}uired Cocoon Maintenance Area improvements and maintaining such common Maintenance Area improvements, to the City's specifications and satiofaation, until acceptance by the City for inclusion in the assessment district. Acceptance of Common Maintenance Area improvements for assessment district maintenance purposes shall not occur until one year after the final residential unit or golf course occupancy in the tract, whichever occurs later, or until the next Opportunity to place this area within the assessment district for assessment purposes, whichov r occurs later. CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 1, 1996 "C" Street impraveaaente shall, be maintained by the Applicant /Developer to the City's specifications and satisfaction, until acceptance of said improvements by the City. Gateway Entrance Monumentation, Streetscape Standards, and Neighborhood Design Form 27. Both the eastern and western "C" Street entrances to the proposed project shall provide appropriate landscaping and golf course signage at entry points. A sign program shall be submitted to the Director of Community Development for review and approval prior to the first golf course occupancy approval. An orderly and consistent street tree planting program shall be required for both entranceways to provide a landscaping pattern that resembles a rural ranch entry road design. Trees shall be spaced at equal intervals or clustered as approved by the Director of Community Development. Recommended tree plantings for these entry points and along "C" Street shall include the non - natives typically used in ranch settings for entryways including pepper, eucalyptus, and olive trees. Other street tree plantings shall be consistent with the Ventura County Guide to Landscape Plans. The Director of Community Development shall review and approve all gateway, streetscape, and street tree planting programs for the project prior to fine grading permit approval, and all such landscaping for each approved phase shall be installed prior to the first occupancy for that phase. General Grading Sequence 28. Rough and fine grading permits shall be required to complete construction of required residential and golf course infrastructure and lots: 1) a mass or rough grading permit may shall be approved prior to recordation of Phase 1 of the Final Vesting Map, subject to submittal and approval of an early grading agreement, compliance with other conditions of approval, and provision of surety to guarantee implementation of the erosion control plan and completion of the rough grading, construction of "C" Street and all related improvements including landscaping, construction of Walnut Canyon Road and Grimes Canyon Road improvements including required off - site improvements, construction of potable and reclaimed water line extensions and two water tanks, construction of sewer line extensions, construction of all required drainage improvements, and implementation and maintenance of habitat restoration (as required by the mitigation monitoring program); and 2) subsequent fine or precise grading permits shall be issued for individual phases Of the Final Vesting Map after recordation. Contour Grading 29. Rough and fine grading plans must conform with the principles Of contour grading. Manufactured landforms shall be contoured and daylight grading techniques shall be used to provide a smooth and gradual transition of graded and natural slopes, while preserving the basic character of the surrounding ridgelines of the site. Rough and fine grading plans for lots and golf courses shall be reviewed for compliance with these principles by the Director of Community Development and the City Engineer. AlsO, the grading plans shall indicate the manner in which the graded slopes shall be blended with the natural slope of the site. Ridge §2112agis MA R11hating 30. The eastern perimeter of the project shall be set back from the ridge system visible along Walnut Canyon Road to the satisfaction of the Director of Community Development. Landscaping around this ridge system, Once it is restared, shall emphasize reestablishment of existing native 0 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 1, 1996 and non- native habitat (such as naturalized ranch tree species). The landscaping program on the eastern perimeter shall emphasize restoration of the existing vegetation. Temporary Irrigation for Erosion Control Landscaping 31. Temporary irrigation shall be provided for all non permanent erosion control landscaping until it is replaced with permanent irrigation, unless otherwise approved by the Director of Community Development. Temporary irrigation must be replaced with permanent irrigation prior to issuance of the first occupancy approval, unless drought tolerant plants selected do not require permanent irrigation. Stabilize Slopes 32. Planned vegetation, irrigation, structures, roadways, paths, and continuing maintenance programs shall be used to stabilize manufactured slopes. Aesthetic Treatment of Manufactured Slopes 33. Suitable quantities of trees massed near the landform crest and shrubs of varying sizes on graded slopes shall be used to screen structures and to soften the visual appearance of the graded slopes. Drainage Between Lots 34. Cross lot drainage shall not be allowed; all lots shall drain directly to an approved drainage system. Drainage Structures 35. Concrete drainage structures shall be tan colored concrete and, to the extent possible, shall incorporate natural structure and landscape to reduce their visibility. Water Tanks 36. Prior to approval. of Phase l of the Final Vesting Map, the subdivider shall work with waterworks Distarict No. i to ensure that any water tank on the project site shall be painted an ea.a:tht*ns c*Jor, such as tan, and screened with an earthen berm and draught tolerant landscaping to minimize visual impacts. The tank color and Landscaping plan shall be approved by the Dirac or of Comunity Davitloyment prior to 'installation. An ' irrigation system shall be established for the landscaping; however, irrigation can be di.scoatinued' after landsoaping has become established and irrigation water is no longer requi.redt upon written approval by the Director of Community Development. Calleauas Municiml rater District Release 37. Prior to issuance of the first Stoning Clearance for each Phase of development permitted under Vesting Map entitlements, the developer shall demonstrate by possession of a District Release from the Calleguas Municipal water District that asrangeM"to for payment of the Construction Charge applicable to the proposed project ' have been made. The App? iaantfAeveloper +shall also be required to comply with Ventura County Waterworks No, l Rules and Regulations, including payment of all applicable fees, Cross Connection Control Devia CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 1, 1996 36. At the timo water service connection ;L$ made for each project, cross connection control devices shall be installed for the water system in a manner approved by the County Waterworks District No 1. Water Well Relocation or Modification 39. Relocation and /or modification of the existing wells on the property shall be subject to the approval of Waterworks District No. 1 and the Director of Ccxwunity Development. S. mining and noise attenuation shall be required around the perimeter of the three well lots, including, but not limited to, walls and /or an ,earthen beds, and landscaping. The well screaming and relocation plan small be submitted for Waterworks District No. 3 and Director review and approval prior to City approval of any grading permit. Permanent irrigation shard be provided for landscaping for compatibility with golf course landscaping. Perimeter Fencing /Wall Requirements 40. Perimeter fencing or walls shall be provided in areas where golf course users could obtain access to surrounding private rural residential or agricultural lands. The perimeter golf course fencing shall be installed for each golf course prior to occupancy approval. Perimeter boundary fencing adjacent to agricultural zoned property shall be A feet In height, a shall be a minimum of 6 feet In height, shall be installed by the Applicant /Developer prior to the first golf Course occupancy approval, or first residential occupancy approval north of "C" Street, and shall represent a substantial barrier to discourage vandalism and trespassing. The Director of Community Development may approve high - quality chain link fencing adjacent to agricultural properties in locations where such fencing would not be visible from the public right of way or the adjacent residential pads. In all other perimeter locations, not adjacent to agricultural zoned property, either wrought iron fencing or, a block wall, or a COMbi:natiOU shall be provided, as determined by the Director of Community Development in a ,A Perimeter Fencing and Wall Plan -r is required to be submitted and approved by the Director prior to City Council approval of the first phase of the Final Vesting Map. The location of all proposed perimeter fencing and walls shall be shown on the Perimeter Fencing and Wall Plan All property line walls or fencing shall be no further than one inch from the property line. Multi -Use Trail 41. A 20 -foot multi -use trail easement is included within the golf course lots and an irrevocable offer of dedication of the easement and an irrevocable offer of dedication for public purposes for lot No. 217, the trail staging area are requirements of Vesting Tentative Map No. 4928. Prior to approval of Phase 1 of Final Vesting Map No. 4928, the Applicant /Developer is required to post a ten -year surety to fund construction of the trail and staging area, including grading, surfacing, landscaping, and fencing improvements. Patterned Pavement 42. Patterned pavement shall may be provided for the private clubhouse entry drive near the intersection with "C" Street and shall also be provided at the entrances to the parking lots, and to emphasize pedestrian crossing areas in parking lots, subject to the approval of the Director of Community Development and City Engineer. Agricultural and Land Use Compatibilit CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 1, 1996 43. No structures of any size or type, with the exception of drainage structures and infrastructure required by the City or other public agency, shall be allowed within the 100 -foot non - building area, restricted -use easement, as shown on Vesting Tentative Map No. 4928, and the landscaping within such easement shall be required to be consistent with the Fire Hazard Reduction Program that will be prepared prior to recordation of Phase 1 of the Final Vesting Map. Maintenance responsibility for the 100 - foot non - building area to identified on sheets 1 and 2 of the approved Vesting Tentative Map No* 4928. Landscaping Requirements 44. Complete landscape and irrigation plans (2 sets), together with specifications and a maintenance program, shall be prepared for the Common Maintenance Areas (as required for Vesting Tentative Map No. 4928) and all golf course areas prior to rough grading permit approval. The landscape and irrigation plans shall be prepared by a State Licensed Landscape Architect, generally in accordance with the Ventura County Guide to Landscape Plans, and shall be submitted to the Director of Community Development for review and approval. The subdivider shall bear the cost of the landscape plan review, installation of the landscaping and irrigation system, and of final landscape inspection. All tree replacement, common area landscaping, golf course area landscaping, and permanent erosion control landscaping, shall be installed and receive final inspection prior to issuance of an occupancy approval for either golf course, with the exception that all streetscape landscaping shall be completed within 90 days of completion of the related course street base. The Landscaping and Irrigation Plans shall include landscaping specifications, planting details, and design specifications consistent with the following requirements: a. Irrigation: Irrigation shall be provided for all permanent landscaping identified in the approved landscape plan. The Applicant /Developer shall be responsible for maintaining the irrigation system and all landscaping until such time as an assessment district, golf course operator, or other entity accepts the responsibility. b. Tree Report: The information contained in the Final Vesting Map No. 4928 Tree Report, regarding which trees are to be saved or retained on the site, shall be noted on the landscape plan. C. Tree Replacement: The landscape plan for "C" Street and the entranceways at Walnut Canyon and Gabbert Canyon Roads shall specify how trees removed during the rough and fine grading phases of the project will be replaced in accordance with Municipal Code requirements. d. Streetscape Elements: The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths within the limit of this permit. e. Streetscape Appearance: All landscaped pedestrian walkways shall be designed to provide an aesthetically pleasing streetscape appearance, and shall be subject to approval of the Director of Csnity Development. All pedestrian walkway plans shall conform to conditions of approval. f. Tree Planting: A sufficiently dense tree planting plan emphasizing tall growing trees and /or shrubs shall be designed for the golf courses and club house area. The percentage of trees for the CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 1, 1996 clubhouse area shall be as follows: 40 percent - 15 gallon, 30 percent - 24 inch box, and 30 percent - 36 inch box size in order to provide screening in a three to five year time period. The percentage of trees and sizes for the golf courses shall be approved by the Director of Community Development based on the intent to provide mature trees in a three to five year time period. Recommendations regarding planting, that are included in the mitigation monitoring program, shall be incorporated to the degree feasible into the landscaping plan. g. Landscaping Near Intersections: Landscaping at site entrances and exits and at any intersection within the development shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. h. Landscaping Within !Median and Parkways: Landscaping shall be designed so as to not obstruct the view of any exterior door or window from the parking area. i. Trees Prohibited Directly Under Lighting Fixtures: Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. j. Equipment Screening: Backflow preventers, transformers, or other exposed above grade utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and /or a wall. k. Shade Coverage: A 50 percent shade coverage shall be provided within all open parking areas. Shade coverage is described as: the maximum mid -day shaded area defined by a selected specimen tree at 50 percent maturity. 1. Raised Planters: Plantings in and adjacent to parking areas shall be contained within raised planters surrounded by six -inch concrete curbs. As required by the Zoning Code, the clubhouse parking lots shall be revised to provide that where vehicles overhang both sides of a planter, such planter shall be a minimum of 8 feet wide, and where vehicles overhang one side of a planter, such planter shall be a minimum of 5 J feet wide. M. Berms: For golf course lots 218 and 220, graded berms shall be constructed along all parking areas abutting or visible from any street or residential lot to act as a screen. Such berms shall have a maximum height of 4 feet and a minimum height of 3 feet and shall be landscaped. n. Graffiti Prevention: At major and minor entrances and any where a wall exists, the area directly in front of the wall shall be planted with eaeeEity clingi.nq vines or similar planting to prevent graffiti. o. Maintenance and Replacement: 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 and private roadways that are required to be landscaped (reference Sheets I and 2 of vesting Tentative Map No. 4928 for proposed easements). All Common Maintenance Areas for °C" Street, as shown on vesting Tentative Map No. 4928, shall be maintained by the developer until ono year after occupancy of the final residential unit or golf course in the tract, whichever occurs later, or until tho next opportunity to place all co on Maintenance Areas for "C^ 10 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 1, 1996 street within an assessment dlstriot for assessment purposes. -h_ €eLa additional The total cost of the maintenance year� provided by the assessment district for V" Street Ccumn. Maintenance Areas shall be borne by 411 of the residential and golf course lot owners within the tract. For All golf course 01" areas adjacent to, and visible from, "C° Street, Walnut Canyon and Grimes Canyon Roads, the Applicant /Developer Is also required to provide an irrevocable offer of an easement to the City for the purpose of maintaining all landscaping and related drainage improve ants, The golf course operators shall be required to provide the maintenance for these slope arsaa; however, should any of the landscaping and drainage in the golf course slope areas adjacent to walnut Canyon and Grimes Canyon Roads not be maintained in a satisfactory manner, as determined at the sole discretion of the City, the referenced slope areas, or portion thereof, shall, be annexed, at the City's option, to an assessment 'District. The total coat of the, maintenance provided by the assessment District shall be borne by the affected golf course property ownorfs3, including but not limited to anticipated costs to annex the Common Maintenance Areas amd /or golf course maintenance areas, described above, and to convert irrigation systems or otbor work required to do so. The Applicant /Developer shall record a covenant to inform the purchaser of all off the affected golf course lots of the slope maintenance ' eas. nt and potential aummati.ou into an assessment; district. p. Native and /or Drought Tolerant Plantings: The use of native and /or drought - tolerant shrubs and trees shall be utilized for landscaping purposes in order to stabilize graded slopes and encourage the return of some wildlife species displaced from the project site as a result of grading activities. Any turf plantings shall also be drought tolerant, low water -using varieties. q. Exotic Plants Prohibited: Exotic plants which are known to spread beyond their original plantings and invade native habitats such as Pampas Grass, Spanish Broom, and Tamarisk shall not be used. r. Code Enforcement: The continued maintenance of the Common Maintenance Areas shall be subject to periodic inspection by the City. The Applicant /Developer or property owner shall be required 11 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 1, 1996 to remedy any defects in ground maintenance, as indicated by the Code Enforcement officer within five (5) days after notification. Reclaimed Water Requirements 45. Reclaimed water shall be used for all common area landscaping irrigation and for golf course irrigation. Blending with potable water shall be permitted, for golf course greens, as approved in writing by the Director of Community Development prior to occupancy approval. Prior to rough grading permit approval, the City Engineer shall require a surety bond for the construction of the reclaimed water facilities and infrastructure. Reclaimed water shall be available to the golf courses prior to commencement of irrigation for permanent golf course landscaping. 46. After golf course operations have been initiated (subsequent to the initial landscape establishment period), the Applicant /Developer (or successor) shall, renegotiate existing agreements with Waterworks District No. 1 to reduce contract allotments for potable and reclaimed water to correspond with the demonstrated demands of the project. Entitlements from the District shall be reviewed at the first CUP consistency review by the Director of Community Development. Suretv for Rouah Gradin 47. A rough grading permit shall not be approved until: 1) appEeval of an early grading agreement is approved and signed by the city Manager by the 91ty Geonal'; and 2) the City Engineer and the Director of Community Development approve the acceptance of a Performance Bond to guarantee implementation of the erosion control plan, and completion of the rough grading; construction of "C" Street and all related improvements including landscaping; construction of Walnut Canyon Road and Grimes Canyon Road improvements, including required off -site improvements; construction of potable and reclaimed water line extensions and two water tanks; construction of sewer line extensions; construction of all required drainage improvements; and implementation and maintenance of habitat restoration (as required by the mitigation monitoring program) ..ter. In the case of failure to comply with this condition, the City Council may by resolution declare the surety forfeited. Upon completion of rough grading and erosion control plan compliance to the satisfaction of the City, and following recordation of all phases of the Final Vesting Map, the City Council may reduce the amount of the bond; however, the bond must be kept in full force and effect for a minimum of one year following rough grading to ensure adequate erosion control and revegetation. Surety for Common Maintenance Area Improvements 48. No Zoning Clearance shall be issued for grading or other construction activities until all °C" Street Common Maintenance Area improvements specified in the conditions of approval for this permit and Vesting Tentative Map No. 4928 have been provided or the Director of Community Development approves the acceptance of a Performance Bond to guarantee the construction, installation, and maintenance of "C" Street Common Maintenance Area improvements including, but not limited to perimeter tract walls (including stucco treatment), fences, median and parkway landscaping, slope planting, irrigation, and other landscape improvements. Required improvements shall be completed prior to the first golf course occupancy approval. In case of failure to comply with any term or provision of this condition, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the City, the City Council may reduce the amount of the bond; however, the bond must be kept in full force and effect for one year after the last golf course occupancy to guarantee that items such as, but 12 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 1, 1996 not limited to, perimeter tract walls, including stucco treatment, landscaping, fences, slope planting or other landscape improvements are maintained. Suretv Reauired for Occupancv Prior to Completion of all Golf Course Improvements 49. No initiation of golf course operations for either golf course shall be approved until all required golf course improvements specified in this permit have been completed or the City Engineer and Director of Community Development approve the provision of a faithful performance bond. Said improvements shall be completed within 120 days of issuance of the occupancy approval. In case of failure to comply with any term or provision of the bond agreement, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the City Engineer and Director of Community Development, the surety may be exonerated by action of the City Council. Biolocrical Resource Preservation 50. The existing on -site Valley Needle Grassland habitat shall be preserved within the golf course property, or prior to the first golf course occupancy approval, replacement /creation of up to a total of 3.9 acres of the Valley Needle Grassland habitat shall be provided within one or more protected areas of either the east or west golf courses, as approved by the Director of Community Development, and shall be maintained by the golf course operator(s). 51. Prior to rough grading permit approval, the project site plan shall be modified to clearly identify areas of dedicated open space within which native habitats shall be retained or restored. Approximately 2 acres of lot No. 217 shall be set aside for native habitat restoration. The restoration shall occur prior to occupancy approval for either golf course. Any other proposed uses for lot 217 shall require a CUP Modification approval as specified in Condition No. 6. A condition of approval for Vesting Tentative Map No. 4928 requires an irrevocable offer of dedication of lot 217 to the City for public purposes. 52. Prior to issuance of building permits for golf course construction, the Applicant /Developer shall fund a $60,000 Venturan Coastal Sage Scrub Community research program to be managed by the City. The purposes of this program shall be to accurately map the remaining distribution of this community, to study its soil requirements, plant ecology, and wildlife associations, to provide management advice on the community for agencies and private individuals, to raise funds for the purpose of acquiring lands where reliet rOMnaAt stands of the community exist, and to provide guidance about restoration or propagation of the community. The research program shall include a study of the ecological issues related to the management of the community. Provision must be made for disseminating the results of the study. Research programs shall be performed only by qualified professional botanists, wildlife biologists, or other relevant researchers as determined by the Director of Community Development. 53. Prior to the issuance of building permits for the golf courses, the Applicant /Developer shall fund a $30,000 sensitive species research program to be managed by the City. The purposes of this program shall be to study how best to assist in providing adequate marginalized habitats in areas of urban encroachment for sensitive species that are predicted to occur within the Moorpark Country Club Estates property and surrounding area. The program shall include an updated inventory of sensitive species occurring in the Moorpark area. Recommendations shall be made to provide modifications to the Moorpark General Plan Open Space, Conservation, and 13 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 1, 1996 Recreation Element to improve the accuracy of the existing inventory of native fauna. Management suggestions designed to permit at least the marginal survival of native wildlife shall be provided. The study shall also provide management advice on native fauna for agencies and private individuals. Provision must be made for disseminating the results of the study. Research programs shall be performed only by qualified professional botanists, wildlife biologists, or other relevant researchers as determined by the Director of Community Development. 54. Native plants shall be used in the restoration of areas disturbed by the construction of the project. The City shall monitor the use of native plants through the review and approval of all project landscape plans. 55. Prior to issuance of grading or building permits for either golf course, the City shall verify that provisions are included in the golf course construction and landscaping plans for the creation of two artificial freshwater springs, which shall be established along the western Gabbert Canyon Creek riparian corridor. The location of these artificial springs shall be designated by a qualified vertebrate biologist and botanist, retained by the City at the Applicant /Developer's expense. These artificial springs shall be maintained to provide year round flows of appropriate water volumes (similar to existing springs in the region). The created spring systems shall be designed to reproduce the conditions present at the existing natural springs in the region. The springs shall be appropriately revegetated with native plants (Typha sp., Scirpis sp., and Salix sp.) and other stream side plants common in the region. The springs shall not be developed within 500 feet of any proposed trail system. 56. Prior to the issuance of grading or building permits for the golf course facilities, the City shall verify that provisions are included in the construction and landscaping plans for the restoration of riparian canopy within an area occupying a minimum of 10 acres of woodland riparian habitat. The landscape plan and subsequent monitoring shall require the successful establishment of the following species and plant quantities: Species Quantity: Alnus rhombifolia (Alder) Acer negundo Subsp. (Box Elder) Platanus racemosa (Sycamore) Salix lasiolepis (Arroyo Willow) Sambucus mexicana (Elderberry) Juglans californicus (Walnut) Quercus agrifolia (Live Oak) 15 10 40 40 20 20 30 Trees shall, at a minimum, be 5 gallon container specimens (except for willows, which shall be 1 gallon container specimens) or bare root at the time of planting with a height of 7 feet from the root crown to the top branch. The restoration program in drier areas shall be coordinated with the establishment of artificial springs (required by preceding condition). A long term supply of fresh (or reclaimed) water shall be provided to assure the perpetuity of the plants. Adequate root guard protection shall be provided to reduce mortality from rodent activity. All mature riparian species trees identified in the tree report for the project shall be preserved. Buffer Zone 57. A buffer zone approximately 25 feet wide, measured from the top of the bank, shall be maintained adjacent to each side of all protected drainages identified in the Certified Final Environmental Impact Report Biological Constraints Map. This buffer is designed to protect these areas from 14 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 1, 1996 impacts resulting from the proximity of project - related activities. This buffer shall be subject to the following policies: a. The exact location of this buffer zone shall be determined by the Community Development Director in consultation with an independent biologist. b. This buffer zone shall be identified and staked to the satisfaction of the Director prior to grading operations. C. No physical alterations other than revegetation shall be allowed within this buffer zone unless an independent biologist, approved by the City and funded by the Applicant Developer, has certified that such work would not damage the integrity of the buffer. Prohibited activities generally include: grading, cut, fill, clearing, landscaping, storage of equipment and materials, vehicular parking and irrigation (except for the establishment of native plants). Required flood - control improvements and bank protection are exempt from this requirement. Mature Tree Protection Requirements 58. This project shall not initially remove any mature tree protected under the City Tree Protection Ordinance. Damage or removal of any protected tree by this project shall be subject to the provisions of the Tree Protection Ordinance: a. No grading or other activity (e.g., equipment and material storage, parking, etc.) shall occur within the driplines on protected trees. To ensure this, temporary protective fencing shall be installed at least one foot outside the dripline of every such tree prior to grading. b. Grading and other activities may occur between the dripline and 10 feet beyond the dripline of every protected tree only if the project appointed City Arborist first conducts a field survey of the situation and certifies to the City that the protected tree will not be damaged by the proposed activity. In addition the Arborist shall monitor these activities while they occur to ensure that the protected tree is not damaged. C. Prior to grading, the grade subject to review by the Arborist shall be staked and otherwise marked as off - limits for activities not previously approved by the Arborist. Also, the off -limit areas shall show on the approved grading plan with notes to the grading contractor on the face sheet of the approved grading plans. d. Prior to grading, the Arborist shall tag and evaluate the health of every protected tree on the site, and develop a program of treatments to ensure the long -term health and survival of the trees. The results of this study shall be approved by the Community Development Director prior to start of grading or land clearing of any kind. On -Site Tree Nursery to Augment Regionally Depleted Oak Woodlands and Other Habitats 59. An on -site tree nursery shall be developed and maintained within the golf course area to propagate plant species for use on site. The Community Development Director shall approve the location of this nursery. The nursery operational plan shall be approved prior to occupancy approval for the first golf course. Plants shall be distributed to the public on an 15 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 1, 1996 annual arbor day, or at the Director of Community Development's discretion. At a minimum, 100 oak seedlings (5 gallon or larger) and 100 other native broad leaf trees (5 gallon or bare root) shall be made available annually free of charge to the public. Such events shall be advertised by the golf course operators. Integrated Golf Course Management (IGCM) Plan 60. Prior to rough grading permit approval, the Applicant /Developer shall prepare and submit to the City for review and approval an Integrated Golf Course Management (IGCM) Plan to address water quality impacts of the golf courses; or preparation of the IGCM Plan may be deferred to prior to Zoning Clearance for a building permit for the first golf course, if an interim drainage plan is approved by the City Engineer. The intent of this requirement is that the permanent drainage plan shall be designed to be in conformance with the IGCM Plan. The management practices recommended in the IGCM Plan shall be the governing document for the long term maintenance of water quality associated with development of the project. The City shall periodically monitor adherence to the requirements and management guidelines contained in the Plan. The Plan should require periodic analysis of the nutrients in the reclaimed water and the nutrient and moisture requirements of the grass and other landscaping within the golf courses. The plan shall be developed, at the Applicant /Developer's expense, by experts in golf course design, surface water and groundwater hydrology, turf management, mechanical, and biological controls, arborists, and experts in native California plants. In addition, the City may, at its sole discretion and at the Applicant /Developer's expense, use City staff or outside consultants to review the plan. These costs shall be included in the maximum annual monitoring cost specified in the Project Mitigation Monitoring Program. The Plan shall require that each golf course operator incorporates the following basic management practices into golf course operations: a. Testing of soils and turf conditions at regular intervals. This will provide information to determine the application rates for non - potable water, fertilizers and pesticides so that the following can be accomplished: b. Nutrient levels between those received from the reclaimed water irrigation and those applied by the golf course staff can be balanced. C. Pesticides can be applied only when necessary to cure a problem, and in positively identified pre- emergent situations, not as a preventative measure. d. Fertilizers in either slow - release forms or in light, frequent application of soluble forms can be applied to improve nutrient recovery. e. Constructing golf course areas (tee boxes, landing areas, greens, etc.) to collect and drain irrigation /storm water runoff to on- project first flush basins. f. Reusing collected irrigation water. g. Using computer controlled irrigation systems with ground moisture sensors to control irrigation rates and levels to match soil moisture and infiltration rates. 16 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 1, 1996 h. Using wetting agents to aid infiltration and reduce runoff. i. Using wells in the area to monitor groundwater quality. A testing program, implemented as part of the county -wide Storm Water and Groundwater Monitoring Program, will establish a benchmark composition of existing groundwater. Water quality will then be measured on a yearly basis for the first five years of golf course operation. j. Late evening application of pesticides; k. Use of biological controls for insects (such as installing swallow and bat boxes on the golf course); 1. Use of insect resistant cultivers; M. Development of thresholds to determine when pesticide use would be appropriate; n. If 2, 4 -D is used, it should be as a sodium salt (which is less toxic to nontarget organisms). 61. The IGCM Plan shall also be consistent with the following additional requirements: a. The use of chemicals for golf course management shall be permitted in conjunction with natural systems of turf management. Natural methods of biological control include selection of plant materials to minimize the need for chemicals (e.g., insect and disease resistant plant species, use of plant species which inhibit plant growth under their driplines, etc.). b. Use of mechanical techniques where possible (e.g. manually removing weeds, rather than using herbicides; installation of "gopher barriers" (i.e., underground wire mesh) around tees and greens to discourage gophers in sensitive areas; use of traps rather than chemical pesticides to control animal pests, and aeration /filtration of standing water. C. Use of biological control techniques where possible (e.g. use of frogs for mosquito larva control, etc.). 62. The use of irrigation water on site shall be minimized where possible using sit techniques such as: a. Time water irrigation to avoid hot periods of the day ( i.e. , to avoid excess evaporation), or early night (i.e., to avoid plants being wet throughout the night and thus potentially being more susceptible to diseases). b. Extensive monitoring and recording of soil moisture, and daily evapo- transpiration rates to maximize irrigation efficiency. C. Establish deep moisture in the soils, avoiding evaporation and encouraging deep root growth. d. Low permeability membranes and /or clay shall be installed under all lakes to prevent loss of irrigation volume. e. Procedures shall be developed to monitor turf maintenance, including anticipated irrigation rates and schedules, and shall be designed to reduce or eliminate the amount of irrigation run -off. 17 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 1, 1996 63. When chemicals are used they should be selected to the extent possible for the following characteristics: a. Application of chemicals at the proper time of day to maximize plant uptake and minimize runoff or underground migration (e.g., avoid spraying when very hot, before rainstorms, etc.). b. They should be specific to the target species (e.g., sex pheromones to trap insects) rather than be broad spectrum pesticides. C. They should not utilize long - lasting residuals compounds. d. They should not readily evaporate any dangerous compounds or readily migrate through groundwater. e. Procedures shall be developed to record and monitor the use of chemicals, including the type, application rates, and frequency of use, and methods of handling and storage. 64. A program shall be developed to monitor on -site and off -site surface and ground water quality to be reviewed by the City and by the County Public Works Agency. 66. The most recent applicable Environmental Protection Agency Stormwater and NPDES regulations shall apply to this project. 67. All runoff from man made impervious surfaces such as parking lots shall be filtered through grease /oil traps before discharge into drainage facilities leading offsite to minimize surface runoff of potential water contaminants. The contents of the traps shall be disposed per local and State regulations. 68. In the event that significant ground water or surface water contamination from the project is found to occur by either the County of Ventura or the Regional Water Quality Control Board, the Applicant /Developer or golf course operator shall take whatever steps are deemed necessary by the identifying agency to remove contamination and prevent future impacts. 69. To the degree feasible (given elevation differences in the course design), drains placed under greens, tees, and fairways shall be directed into the on -site lakes. Collected water could be recycled for irrigation use. In areas where drainage to lakes is not possible, the use of impermeable membranes and other water quality protection features shall be considered for incorporation into the course design. 70. Measures to reduce water consumption throughout the golf course operation shall be incorporated into the irrigation plan for the project. The measures shall include, at a minimum: a. Use of drought tolerant turf and other plant materials. b. Use of drip irrigation systems for plants and other low water irrigation systems for turf. A proposed irrigation system includes computerized controls, weather stations, and high -tech distribution Systems. 18 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 1, 1996 C. Installation of separate metering systems on the domestic and irrigation supplies to monitor water used for each purpose. d. Installation of low -flow plumbing fixtures in all buildings and /or areas in the clubhouse locker rooms, rest areas and restaurant. e. Installation of insulation on cold and hot water pipes to minimize warming of cold water pipes and cooling of hot water pipes. Such insulation can help conserve water by reducing unnecessary running of water. f. Integration of this plan with the Habitat Enhancement Plan. 71. The golf course landscaping and irrigation plans shall be prepared as a component of the IGCM Plan. In addition to the previously identified landscaping requirements, the IGCM Plan landscaping component shall address the following goals and policies: a. Drought tolerant plant materials shall be used as practical. b. Plant species which would not attract deer to certain areas shall be considered along the landscaped golf course perimeter. C. A variety of California native plants shall be used as much as possible, with species native to or naturalized in the Moorpark Region given preference in landscape planning. d. If non - native species are used, they should be non - invasive varieties. e. Use of the on -site lakes or ponds for the encouragement of native aquatic plants and amphibians. The design and location of all golf Course pond$ and landscaping plane shall be reviewed by a City approved biologist, at the Applicant /Developer' expense to ensure that native habitats are retained or restored an required by the approved Mitigation Monitoring Program, g. Habitat enhancement planning shall be coordinated with the California Department of Fish and Game. A long -term maintenance program for the native species shall include a regular monitoring program. h. Landscaping within 100 feet of residential properties shall be consistent with the Fire Hazard Reduction Program prepared in conjunction with Vesting Map No. 4928. i. Policies and programs to reduce non - native plants, and encourage native plants shall be included in the design of both golf courses and associated clubhouse facilities. At a minimum, the following program guidelines shall be included: i. Removal of non - native plants. ii. A maintenance program to ensure the long -term health and viability of native plant and animal communities. iii. Restrictions on the use of chemicals or pesticides which have documented, detrimental, long -term effects on the biological communities within oak woodlands, riparian areas, and lakes. 19 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 1, 1996 iv. Restrictions on any management practices to eliminate any "Pest" species which may live in the oak woodlands, riparian areas or lakes, unless the Director of Community Development first approves such practices. Such approvals should only be granted in unusual situations such as threats to public health. 72. ,A green waste recycling program shall be prepared as a component of the 10CM Plan. Cultural Resource Mitigation Planning 73. A cultural resource monitoring program shall be instituted during the initial vegetation clearance for the project. The Applicant /Developer shall fund the cost for the City to hire an archaeologist to accomplish this monitoring as a component of the EQAP mitigation monitoring. The purpose of this monitoring program is to determine if any significant deposits not identified during the Phase I survey exist within the project boundary. The monitoring shall be limited to the initial vegetation clearance phase of the rough grading program. If cultural deposits meeting the significance criteria defined in CEQA Guidelines are encountered, limited data recovery shall be conducted. The costs of this data recovery shall be limited as defined in Appendices to CEQA Guidelines. Chumash representatives shall be actively involved in the monitoring and any subsequent phases of the project mitigation program. Participation shall include monitoring of archaeological investigations, construction monitoring, and data analysis. Paleontological Data Recovery 74. Prior to issuance of a Rough Grading Permit, a Paleontological Mitigation Plan, outlining procedures for paleontological data recovery, shall be prepared and submitted to the Director of Community Development for review and approval. The development and implementation of this Plan shall include consultations with the Applicant /Developer's engineering geologist. The monitoring and data recover work shall be performed by a qualified paleontologist. The Applicant Developer shall fund the cost for the City to hire a qualified paleontologist to accomplish this monitoring as a component of the EQAP mitigation monitoring. The data recovery should include periodic inspections of excavations and, if necessary, fossil data recovery should be performed to recover exposed fossil materials. The costs of this data recovery shall be limited to the recovery of a reasonable sample of available material. The interpretation of reasonableness shall rest with the Director of Community Development. Signage Program 75. Prior to the issuance of an occupancy approval for the first golf course, a comprehensive sign program for the entire golf course project shall be submitted along with the construction plans for Director of Community Development review and approval. The sign program shall be designed to provide for a uniform on -site sign arrangement and design. a. A maximum of 3 monument signs shall be permitted and located outside of the public right of way near the following intersections: Grimes Canyon Road and "C" Street, Walnut Canyon Road and "C" Street, and "C" Street and the clubhouse area entry road. Monument signs shall not exceed 30 square feet in area and shall be a maximum of 4 feet in height. b. Wall signs shall be permitted consistent with Zoning Code requirements. 20 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 1, 1996 C. A sign permit is required for all signs. d. All proposed signs shall conform to the approved sign program, prior to issuance of a sign permit by the Director of Community Development or his designee. Earthquake Design Rec;uirements 76. The golf course clubhouses shall be designed according to the most recent UBC requirements to accommodate structural impacts from ground acceleration and maximum credible earthquake event. Utility Room 77. A utility room with common access to all meters and a roof access ladder shall be provided. No exterior access ladder of any kind shall be permitted. Utility Lines and Equipment 78. All proposed utility lines within and immediately adjacent to the project site (as determined by the Director of Community Development) shall be placed underground to the nearest off -site utility pole. All existing utilities shall also be undergrounded to the nearest off -site utility pole with the exception of 66 KV or larger power lines. Any above grade utility equipment boxes shall be placed adjacent to landscaped areas and screened on three sides. Loading Area /Turning Radii 79. The required loading area and turning radii shall be depicted on the plot plan. A 45 foot turning radius shall be provided for loading zones consistent with the AASHO WB -50 design vehicle. DownsPouts 80. No exposed exterior downspouts shall be permitted on the clubhouse buildings. Roof Mounted Equipment 81. All roof mounted equipment (vents, stacks, blowers, air conditioning equipment, etc.) should be screened by the parapet wall on all four sides. Prior to the issuance of a Zoning Clearance, the location of any roof mounted equipment and the final design of the roof equipment screening shall be approved by the Director of Community Development. If the parapet cannot be designed to screen all required roof equipment, a separate roof screen shall be designed so as to be tall enough to block all views of equipment and shall be maintained during the life of the permit. The construction material shall match the color and material used in the construction of the building. Colors, materials and building appendages (such as mechanical equipment on the roof, etc.) of the proposed building shall be compatible with adjacent development and non - reflective in nature. Exterior Ground Level Equipment 82. Any outdoor ground level equipment and storage (such as loading docks, shelter docks, maintenance vehicle storage areas, etc.) shall be screened from view by a masonry wall and landscaping, the design of which shall be approved by the Director of Community development or his designee. The 21 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 1, 1996 wall shall be constructed of materials and colors consistent with the main building. Building Materials and Colors 83. All exterior building materials and paint colors shall be approved by the Director of Community Development to ensure compatibility with adjacent development and consistency with conceptual approved plans. Skylights 84. If skylights are proposed, the specific type and model must be approved by the Director of Community Development to ensure that they shall be of an opaque type to minimize evening illumination as viewed from the exterior. Noise Generation Sources 85. All roof mounted equipment and other noise generation sources on -site shall be attenuated to 55 dBA at the property line, or to the ambient noise level at the property line measured at the time of the occupant request. Prior to the issuance of a zoning clearance for initial occupancy or any subsequent occupancy, the Director of Community Development may request that a noise study be submitted for review and approval which demonstrates that all on -site noise generation sources would be mitigated to the required level. The noise study must be prepared by a licensed acoustical engineer in accordance with accepted engineering standards. Parking Requirements 86. The parking areas for both golf courses shall be constructed consistent with Zoning Code requirements for space size and landscaping. A parking/ striping plan shall be submitted to the Community Development Director for review and approval in conjunction with Zoning Clearance review. The striping for parking spaces and loading bays shall be maintained so that it remains clearly visible. All parking areas shall be surfaced with asphalt or concrete and shall include adequate provisions for drainage, striping and appropriate wheel blocks, curbs, or posts in parking areas adjacent to landscaped areas. All entrance /exit driveways shall be a minimum of 30 feet in width, with a minimum aisle width of 25 feet. No overnight parking of any semi - trucks or truck trailers shall be permitted. A minimum of 263 parking spaces are required as the cumulative total number of parking spaces for both golf courses. The following are specific parking area requirements for the two golf courses: a. East Golf Course (Lot No. 218): A minimum of 61 spaces is required for the East golf course (based on a 1,940 square foot building and an 18 -hole golf course), and not more than 50 percent of the parking requirement can be provided off -site, within 500 feet. If a portion of the East golf course parking spaces are to be provided off -site, a recorded lease is required prior to occupancy approval to provide that the parking will exist as long as the use it serves, unless the parking is replaced with other spaces. A reciprocal access easement shall also be recorded prior to occupancy approval of either golf course, to ensure that the clubhouse access road and parking areas serve both courses. b. West Golf Course (Lot No. 220): Consistent with the approved West golf course plans (includes 20,400 square feet of clubhouse facilities, an 18 -hole golf course, and 40 driving range 22 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 1, 1996 spaces /tees), a minimum of 232 parking spaces shall be provided, including 30 spaces for the East golf course, unless those spaces are to be provided within lot No. 218. One loading zone is also required, a minimum of 12 feet wide by 40 feet long. Enforcement of Vehicle Codes 87. Prior to occupancy of either golf course, the Applicant /Developer shall request the City to enforce appropriate vehicle codes on the golf course properties as permitted by Vehicle Code Section 21107.7. Franchise Hauler Usage Form 88. Prior to issuance of a Zoning Clearance for Occupancy, the Franchise Hauler Usage Form must be submitted by the Applicant /Developer to the Community Development Department. The Moorpark Municipal Code Section 8.36.080 requires that only the City's franchised or permitted haulers provide residential, commercial, and temporary drop box /bin solid waste collection services. Rubbish and Recycling Disposal Areas 89. Rubbish and recycling disposal areas shall be depicted on the final construction plans. The number and size of the bins required, and the space allocation for areas of disposal with enclosures shall be approved by the Director of Community Development and the City employee responsible for recycling /solid waste management programs. a. Rubbish disposal areas f*r 440h 9*1f 001=40 shall include adequate, accessible and convenient areas for collecting and loading recyclable materials, including green waste recycling. The dimensions of the recycling area shall accommodate containers consistent with current methods of collection in the area in which the project is located. b. Adequate number of bins or containers shall be provided to allow for the collection and loading of recyclable materials generated by the development. C. The design of the refuse disposal areas shall be compatible in design with the development and the surrounding area. d. Disposal areas shall be protected from weather conditions which might render collected recyclable materials unmarketable. e. Driveways or travel aisles shall provide unobstructed access for collection vehicles and personnel, and provide the minimum vertical clearance of 30 feet, or other specified clearance required by the collection methods and vehicles utilized by the hauler. f. A sign, approved by the Director of Community Development, clearly identifying all recycling and solid waste collection and loading areas, and the materials accepted therein shall be posted adjacent to all points of access to the recycling areas. g. Refuse disposal areas shall not be located in any area required by the Municipal Code to be constructed or maintained as unencumbered, according to fire and other applicable building and /or public safety laws. h. Recycling area (s) shall be located so they are convenient and adjacent to regular refuse collection areas. 23 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 1, 1996 i. Enclosures: the design of the refuse enclosure shall be subject to the approval of the Director of Community Development, prior to the issuance of a zoning clearance: i. All rubbish disposal areas shall be screened with a six foot high, solid wall enclosure with metal gates. Pipe guards shall be eliminated around typical rubbish bin enclosures. ii. In cases where space for 2 three cubic yard bins is required (107" x 84 or 168" x 53.5 "), the opening of any bin enclosure must be at least 84 inches (the size of a three cubic yard bin). This requirement applies to the amount of space exposed when the gate is fully opened. iii. Each refuse \recycling enclosure shall have gates and should be designed with cane bolts to secure the gates when in the open position. iv. Space allocation for rubbish and recycling enclosures shall be designed in a manner that complies with the equal access requirements of Title 24 of the Americans with Disabilities Act. Liohtino Restrictions 90. For all exterior lighting, a lighting plan shall be prepared by an electrical engineer registered in the State of California and submitted to the Department of Community Development for review and approval prior to Zoning Clearance for the first golf course. The lighting plan shall achieve the following objectives: Avoid interferences with reasonable use of adjoining properties; minimize on -site and off -site glare; provide adequate on -site lighting; limit electroliers height to avoid excessive illumination; provide structures which are compatible with the total design of the proposed facilities and minimize energy consumption. The lighting plan shall include the following: a. A photometric plan showing a point -by -point foot candle layout to extend a minimum of twenty (20) feet outside the parking lot and clubhouse boundaries. The layout plan is to be based on a ten (10) foot grid center. Down lighting and accent landscape and building lighting shall be employed throughout the project. Entrance lighting along project access roads shall be compatible with the surrounding rural neighborhood. b. Maximum overall height of fixtures in the parking lots shall not exceed twenty (20) feet, unless otherwise approved by the Community Development Director. Driving range lighting may exceed 20 feet in height if evidence is presented to the Director of Community Development pertaining to the required height and adequate screening to minimize light and glare impacts. C. Fixtures must possess sharp cut -off qualities with a maximum of one foot candle illumination at property lines. d. There shall be no more than a seven -to -one (7:1) ratio level of illumination shown (maximum -to- minimum ratio between lighting standards). e. Energy efficient lighting fixtures shall be provided which are compatible with adjacent properties. 24 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 1, 1996 f. A minimum of one, and a maximum of two foot candle illumination with a 1.5 foot candle average, or as otherwise approved by the Director of Community Development to satisfy concerns of the Police Department for clubhouse exterior door illumination. g. No light shall be emitted above the 90 degree or horizontal plane. No direct light source shall be visible from the street or adjacent properties. h. All exterior lighting shall be shielded and directed downward to avoid light and glare on neighboring properties. i. Lighting devices shall be high enough to prohibit tampering by anyone on the ground, unless tamper -proof fixtures are approved by the Director of Community Development. All parking areas shall be provided with a lighting system capable of illuminating the parking surface with a minimum maintained 1 -foot candle of light and shall be designed to minimize the spillage of light onto adjacent properties. All exterior lighting devices shall be protected by weather and breakage resistant covers. Odors 91. No noxious odors shall be generated from any use on the subject site. Hours of Operation for Clubhouse, Bar, Snack Shop, Restaurant /Bancxuet Rooms, Golf Course and Driving Range and Lighting Restrictions 92. The permitted hours of golf course operation shall be seven days a week, approximately from sunrise to sunset. Use of the golf course driving range shall be limited to hours between sunrise and 9:00 p.m. Driving range lights shall, without exception, be shut down by 9:15 p.m. No night lighting shall be permitted along the golf courses; golf courses will be for daylight play only. Snack bar operations shall be limited to from sunrise to 9 p.m. The restaurant, banquet rooms, and related clubhouse facility operations shall be limited to the hours between 6:00 a.m. and 2:00 a.m. Alcoholic beverage service and bar operations shall be restricted to the hours between 10 a.m. and 2 a.m. The Police Department conditions should be referenced for further restrictions related to alcohol sales. Environmental Health Approval for Food Preparation 93. Prior to occupancy approval for any food preparation or other restaurant related operation in the clubhouse for either golf course, the operator shall obtain any required permit or approval from the County Environmental Health Department. Graffiti Removal 94. Any graffiti on golf course property shall be removed within five (5) days from written notification by the City of Moorpark. All such graffiti removal shall be completed to the satisfaction of the City. st e R9vartMmat of rish and GagM yq&4cr. f D ter ..nation Filing Fee 95. Within two days after the City Council adoption of a resolution approving 04weral Flan Amendment No. 94-1, vesting Tentative asap No. 4928, RPD Permit No. 94 -1, and CUP N*. 94.1, the applicant shall submit to the City of Moorpark a check for $875.00, payable to the County of Ventura, to comply with Assembly Hill. 3158, for the management said protection of statewide fish and wildlife trust resources. Pursuant to Public Resources 25 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 1, 1996 Code section 21089 (b) and Fish and Game Code section 711.4 (c), the project is not Operative vested or final, until the filing fees are paid. II. CITY ENGINEER CONDITIONS PRIOR TO ISSL ANCZ OF A GRADING PENOT 3W ROUGN GRADING, THE Pt7S.LOWMrG CONDITIONS SHALL BE SATISFIED: General Requirements 96. The Applicant /Developer shall have received City Council approval for all phases of Final Map 4928 and the phased grading exhibit and schedule. 97. The final design for the project entrance(B) shall be reviewed and approved by the Director of Community Development and City Engineer. PRIOR TO FINAL MAp APPROVAL, THE MLLOWING CONDITIONS SHALL BE SATISFIED: 98. Prior to recordation of Phase 1 of the Final tap, the subdivider shall pay to the City the Lou Angeles Avenue Area of Contribution (AOC) Fee for the golf courses. For the golf courses, the AM Fee shall be calculated based on a 9.18 -acre commercial site '(equivalent average daily traffic) and the dollar waount i.n effect at the tUm of the fee payment. 99. Prior to approval, of Phase l of the Final Map the subdivider shall pay to the City the Gabbert /Casey Road Area of Contribution (AOC) Fee for the golf cotArses. For the golf courses, the Am Fee shall be calculated based on a 9.18 -acre commercial site {equivalent average daily traffic) and the dollar amount in effect at the.time of fee payment. PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR EITHER GOLF COARSE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 100. All habitable structures shall have been designed according to the most recent UBC requirements to accommodate structural impacts from ground acceleration and a maximum credible earthquake event. Federal Emergency Management Agency (FEMA) Map 101. City Ordinance No. 100 and the Federal Emergency Management Agency (FEMA), require updating of the National Flood Insurance Program maps for affected areas whenever any alteration of the watercourse is made. If a FIRM map revision is necessary, all materials required by FEMA for a map revision shall be provided to the City Engineer's office. This material will demonstrate the revised flood plain locations following development. This information will be forwarded by the City Engineer to the FEMA for review and updating of the National Flood Insurance Program maps. If updates to the flood zone have been made a conditional letter of map revision shall be provided to the City prior to issuance of a zone clearance for occupancy of the first residential unit. The subdivider will be responsible for all costs charged by the FEMA and the City's administrative costs. Street Improvements: Walnut Canyon Road: 102. Prior to occupancy of the first golf course of Tract 4928, the developer shall have improved Walnut Canyon Road per Ventura County Standard Plate 26 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 1, 1996 B -7B and as shown on sheet 3 of 4 of approved Vesting Tentative Tract 4928. 103. The improvements on Walnut Canyon Road shall provide a 13 foot northbound through lane, 12 foot northbound left turn lane, 12 foot southbound right turn lane, 13 foot southbound through lane, 12 foot south bound acceleration lane (south of the "C" street intersection) with 10 foot paved shoulders on each side consistent with Sheet 3 of 4 of the approved Vesting Tentative Map No. 4928. 104. The prinsary, project Collector street intersection with Walnut Canyon Road (State Route 23) and Walnut Canyon Road improvements shall be designed in consultation with the City and Caltrans to assure that acceptable turning radii, lane widths, shoulders, lane tapers, and adequate acceleration and deceleration improvements are constructed and adequate sight distance is provided. Modifications to state Poute 23, as required by Caltrans, shall be constructed prior to.l.ssuance of permits for the first residential dwelling unit or golf course facility occupancy permit. An encroachment permit shall be obtained from Caltrans prior to construction of any proposed roadway improvements. Any additional right- of-wary required to implement the Caltrans approved design for this entrance intersection shall be acquired by the subdivider and dedicated to the states in a manner acceptable to Caltrans. Entry. monumentation that does not interfere with sight - distance or turning movements shall be incorporated into the project entrance planning. .landscaping shall be provided appropriate to the entry that will not interfere with sight - distance or turning movement operations. 1 05. The final design for the Walnut Canyon project entrance shall be reviewed and approved by the Director of Community Development and city Engineer prior to the ,issuance of a rough grading permit Grimes Canyon Road: 106. Prior to occupancy of the first golf course of Tract 4928, construction modifications to Grimes Canyon Road and the Grimes Canyon Road / "C" street intersection are required to be completed per Ventura County Standard Plate B -7B and per sheet 3 of 4 of approved Vesting Tentative Tract 4928. The (60 foot ROW) shall be widened as necessary to construct: a dedicated 12 foot southbound left, 13 foot northbound right turn lane, and 16 foot through lane for the project entrance with "C" street, and 10 foot wide paved shoulders. 107. Prior to occupancy of the first golf course of Tract 4928, the intersection improvements to the Grimes Canyon Road and the Grimes Canyon /Highway 118 (Los Angeles Avenue) intersection shall be completed. The existing improvements shall be modified to provide a southbound left turn pocket on Grimes Canyon Road and westbound right turn lane on Los Angeles Avenue. Modifications shall also be made at the railroad crossing adjacent to this intersection to improve the safety of this location. In addition, as required by Caltrans, a median acceleration lane shall be provided for southbound traffic turning eastbound along State Route 118. Plans for modification of the Los Angeles Avenue (State Route 118) /Grimes Canyon Road intersection, shall be reviewed and approved by the City and Caltrans. Plans for modification of the railroad crossing shall be reviewed and approved by the Southern Pacific Railroad and the City. A sight distance study shall also be conducted as part of the intersection and railroad crossing modifications. Interior Streets: 27 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 1, 1996 108. Prior to issuance of a certificate of occupancy for the first golf course of Tract 4928, "C" Street shall be completed. "C" Street shall be constructed per Ventura County Standard Plate B -4A modified to have a sixty (60) foot right of way and configured to provide the following cross section as shown on sheet 1 of 4 of the approved tentative map: 1 -six (6) foot sidewalk located within the southerly 18 -foot parkway 2 -eight (8) foot bikelanes 2- twelve (12) foot travel lanes 1- fourteen (14) foot median at "C" Street Entranceways Left Turn Pocket at all Cross - streets (not including three -way stop at clubhouse entry drive) The northerly parkway shall maintain a 2 percent slope for a minimum distance of 5 feet from the proposed back of curb. Rolled curbs shall be permitted providing no design /drainage constraints prevent their use. A 3 -way stop sign shall be provided at the intersection of "C" Street and the clubhouse entry drive. To avoid conflicts with traffic on "C" Street, a tunnel shall be eenBtrusted ender "G" Streets nerth ef the west elol€ =ter , golf eeur-se users to Caress under- the "� vvi ov a'livi or similar underbridge accessway, shall be constructed under the "C" Street bridge to enable connecting the 14th and the 15th holes for the West golf course. The tunnels shall be constructed to specifications approved by the City Engineer. Left turn storage lanes are required at all public and private intersections on "C" Street. Adequate intersection right of way shall be provided for constructing all left -turn pockets without decreasing other lane width and parkway requirements. Utilities 109. Utilities, facilities and services for the project area shall have been extended and /or constructed, in conjunction with phased development of the tract by the developer, as the project proceeds. 110. Installation of all electrical, natural gas, telephone and provision for solid waste collection services and cable television to the Project Area will be completed. Solid waste collection will be provided consistent with applicable City requirements. These services will be phased in conjunction with development of the project area. DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLY: 111. Grading may occur during the rainy season from October 15 to April 15 if approved by the City of Moorpark and subject to installation of debris and erosion control facilities. Erosion control measures shall be in place and functional between October 15th and April 15th. Along with the erosion control measures, hydroseeding of all graded slopes shall be required within 30 days of completion of grading. 112. That prior to any work being conducted within the State, County, or City right of way, the subdivider shall obtain all necessary encroachment permits from the appropriate Agencies. 113. All unimproved areas with vehicle traffic shall be watered periodically and the vehicle speed shall be limited to 15 mph. W CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 1, 1996 114. During site preparation and construction, minimize disturbance of natural groundcover on the project site until such activity is required for grading and construction purposes. 115. During clearing, grading, earth moving or excavation operations, dust emissions should be controlled by regular watering with reclaimed water, if available, paving construction roads, and other dust prevention measures. The Applicant /Developer shall submit a dust control plan, acceptable to the City, concurrently with submittal of the rough (as opposed to the fine) grading plan. This plan shall include, but is not be limited to the following measures: a. Water all site access roads and material excavated or graded on or Off-Bite to prevent excessive amounts of dust. Watering shall occur a minimum of at least two times daily, preferably in the late morn- ing and after the completion of work for the day. Additional watering for dust control shall occur as directed by the City. The Dust Control Plan shall indicate the number of water trucks which will be available for dust control at each phase of grading, and whether reclaimed water from Waterworks District No. 1 is available for dust control. b. Cease all clearing, grading, earth moving, or excavation operations during periods of high winds (15 mph or greater in one hour). The contractor shall maintain contact with the APCD meteorologist for current information about average wind speeds. C. Water or securely cover all material transported off -site and on- site to prevent excessive amounts of dust. d. Minimize the area disturbed at any one time by clearing, grading, earth moving and excavation so as to prevent excessive amounts of dust. e. Keep all grading and construction equipment on or near the site, until these activities are completed. f. Wash off heavy -duty construction vehicles before they leave the site. g. Apply nonhazardous chemical stabilizers to all inactive portions of the construction site. When appropriate, seed exposed surfaces with a fast - growing, soil- binding plant to reduce wind erosion and its contribution to local particulate levels. h. Observe a 15 mile per hour speed limit for the construction area. i. Periodically sweep public streets in the vicinity of the site to remove silt (i.e., fine earth material transported from the site by wind, vehicular activities, water runoff, etc.) which may have accumulated from construction activities. 116. The Applicant /Developer shall request that all employees involved in grading operations on the project wear face masks to reduce the inhalation of dust which may contain the fungus which causes San Joaquin Valley Fever. 117. Maintain equipment engines in good condition and in proper tune as per manufacturers, specifications to prevent excessive emissions. 118. All diesel engines used in construction equipments should use high pressure injectors. 29 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 1, 1996 119. All diesel engines used in construction equipments shetrld shall use reformulated diesel fuel. 120. 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. 121. During site preparation and construction, construct temporary storm water diversion structures per City of Moorpark standards. 122. 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. 123. Immediately surrounding property owners shall be notified in writing on a monthly basis of construction schedules involving major grading. 124. Construction activities shall be limited to between the following hours: a) 7:00 a.m. and 7:00 p.m. Monday through Friday, and b) 9:00 a.m. to b 6:00 p.m. Saturday. Wedunnd —hQu — roctr_ict_io e7as approved by the ee €aLatment of CemiFlkti3�tj: Construction work on Saturdays will require paymnt of a premium for City insPection services, and may be further restricted or prohibited should the city tsceive Complaints frog adjaoaut property owner$. No construction work is to be done on Sundays, pursuant to erdinanee —#149 Section 15.26.010 of the Municipal Code in ono-- ne:,Qrti-ene of appL.eval. 125. Truck noise from hauling operations shall be minimized through establishing hauling routes which avoid residential areas and requiring that "Jake Brakes" not be used along the haul route within the City. The hauling plan must be identified as part of the grading plan and approved by the City Engineer. 126. The Applicant /Developer shall ensure that construction equipment is fitted with modern sound- reduction equipment. 127. Equipment not in use for more than ten minutes should be turned off. 128. The fuel injection grading of all diesel engines used in construction equipment should be retarded two degrees from the manufacturer's recommendation. 129. Construction grading shall be discontinued on days for first stage ozone alerts (concentration of 0.20 ppm) as indicated at the Ventura County APCD air quality monitoring station closest to the City of Moorpark. Grading and excavation operations shall not resume until the first stage smog alert expires. 130. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriff's Department, and the City Construction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 30 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 1, 1996 131. The applicant shall utilize all prudent and reasonable measures (including installation of a 6 foot high chain link fence around the construction sites or provision of a full time licensed security guard) to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury. PRIOR TO ACCEPTANCE OF PUBLIC IMPROVE11ENTS AND BOND EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 132. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 133. The Applicant /Developer shall file for a time extension with the City Engineer's office at least six weeks in advance of expiration of the agreement to construct required improvements. The fees required will be in conformance with the applicable ordinance section. 134. A copy of the recorded Map(s) shall be forwarded to the City Engineer for filing. 135. Sufficient surety in a form acceptable to the City guaranteeing the public improvements pertinent to each phase shall be provided. 136. All surety guaranteeing the public improvements shall remain in place for one year following acceptance by the City. Any surety bonds that are in effect three years after final map approval or issuance of the first building permit shall be increased an amount equal to of greater than the consumers price index (Los Angeles /Long Beach SMSA) for a period since original issuance of the surety and shall be increased in like manner each year thereafter. 137. Original "as built" plans will be certified by the developer's civil engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 36 ", they must be resubmitted as "as builts" in. series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as builts" plans is required before a final inspection will be scheduled. III. CITY OF M+OORPARK POLICE DEPARTMENT CONDITIONS CONSTRUCTION SITE SECURITY DURING GRADING OPERATIONS AND DURING CONSTRUCTION: 138. A licensed security guard is required during the construction phase, unless a 6 -foot high chain link fence is erected around the construction site. 139. Construction equipment, tools, etc., shall be properly secured during non- working hours. 140. All appliances (microwave ovens, dishwashers, trash compactors, etc.} shall be properly secured prior to installation during non - working hours. All serial numbers shall be recorded for identification purposes. 141. Contractors and sub - contractors shall contact the Moorpark Police Department for "Tailgate" meetings regarding loss prevention on the work site. PRIOR TO ZONING cLz RAxcLr /BUILDING PERUT : 31 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 1, 1996 111-3. All i c eart GE988ings ,� mod._ a shall: be ..de the -dway, -er at an interoeetien with a step sig If 143. Lighting plans showing the type and location of all lighting devices shall be submitted to the Police Department for review and approval. 144. Parking lots shall have a minimum maintained one foot candle of lighting at ground level. All lights shall be shielded to prevent light and glare impacts to adjacent residents. 145. All ingress and egresses from the clubhouses shall be provided with a minimum maintained five (5) foot candles of light, or other minimum as approved by the Director of Community Development after consultation with the Chief of Police. 146. Lighting devices shall be protected against the elements and constructed of vandal resistant materials. 147. Lighting devices shall be high enough so as to prevent anyone on the ground from tampering with them. 148. Front door entrances shall be visible from the street or parking areas. PRIOR TO ISSUANCE OF AN OCCUPANCY PERMIT, THE MLLOWING CONDITIONS SH LL BE SATISFIED: Address 149. The address shall be clearly visible to approaching emergency vehicles, a minimum of 6 inches in height, and illuminated during hours of darkness. Security 150. The Applicant /Developer shall prepare and submit to the Community Development Department Director for review and approval a security plan for the clubhouse operations. This plan shall be oriented to reducing potential service demands on police. The plan shall be approved prior to the issuance of a Zoning Clearance for the clubhouse facilities. 151. An alarm system shall be installed for the clubhouse facilities and shall be wired to all exterior doors and windows and to any roof vents or other roof openings where access may be made. 152. Doors utilizing a cylinder lock shall have a minimum five (5) pintumbler operation with the locking bar or bolt extending into the receiving guide a minimum of 1 -inch deadbolt. Operation Limitations for Bancruet Rooms, Bar, and Restaurant 153. At any time that entertainment and /or dancing is to occur at the clubhouse facilities, a minimum of one security guard, licensed by the State of California and approved by the Police Department, shall be provided to patrol the parking lot and clubhouse facilities. The security guard shall maintain order and prevent any activity which would interfere with the quiet enjoyment of adjacent residential properties. 154. No person under the age of 21 years shall sell, serve, package, or consume alcoholic beverages. 155. No person who appears intoxicated shall be served alcoholic beverages. 32 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 1, 1996 IV. VENTURA COUNTY FIRE PREVENTION DISTRICT CONDITIONS Fire Hazard Reduction Program 156. Prior to issuance of a rading permit or Zoning Clearance for any building permit, the Applicant )Developer shall retain a a registered landscape architect, familiar with the objectives of fuel management in wildland -urban interface, to prepare a Fire Hazard Reduction Program. This program shall be prepared in consultation with the County Fire Protection District and shall be approved by the Director of Community Development. The program shall apply to the 100 -foot non - buildable easement required by Vesting Tentative Map No. 4928 The landscape plan for the 100 -foot non - buildable easement shall include native species. a. The vegetation management requirements of the plan shall be clearly defined. The golf course operators and Homeowners Associations shall be responsible for implementing this program in perpetuity. Fuel modification zones are proposed to be retained in as natural a state as safety and fire regulations will permit. b. The fuel modification zone shall be designed by and planted under the supervision of a landscape architect with expertise in native plant materials and habitat restoration, with the approval of the Director of Community Development, to appear as a transition between the built environment and natural open space. C. Within the modification zone, native and non - native high -fuel vegetation will be removed and replaced with low -fuel vegetation. The height of plant materials will be kept to a minimum. Planting requirements include a combination of trees, shrubs, and groundcover. Irrigation will not be provided, except in established wet zones, unless necessitated by the plant materials used. d. The clubhouse buildings shall be designed to satisfy at least a one hour fire - resistant rating. Such structures shall incorporate fire retarding features including boxed -in eaves, reduced overhangs, double -paned windows, convection resistant roof design, non - combustible roofing material, and related design features. Building permits shall not be issued until review of fire retarding architectural features has been completed by the County Fire Protection District. 157. During all grading and site clearance activities, earth moving equipment shall be equipped with spark arrestors and at least two fire extinguishers. All equipment used in the vegetation clearance phase shall be equipped with spark arrestors and best available fire safety technology. The vegetation clearance activities shall be coordinated with and approved by the County Fire Prevention Division. 158. All equipment and material staging activities shall be coordinated with the County Fire Prevention Division. Fire prone construction activities shall be prohibited during "Santa Ana" wind conditions. 159. If deemed necessary by the District, prior to recordation of the first phase of the Final Vesting Map, the project shall include a helispot and associated fire suppression equipment storage. 160. All grass or brush exposing any structures shall be cleared for a distance of 100 feet prior to framing. 33 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 1, 1996 161. An approved spark arrester shall be installed on all chimneys. Road and Driveway Requirements 162. Complete circulation shall be provided for each phase of the development. Each phase shall stand alone, meeting all requirements for access, without depending on future development of neighboring phases to complete second access or water requirements. 163. The collector road system proposed for the project shall be reviewed and approved by the Ventura County Fire Protection District prior to issuance of grading permits. 164. Access roads shall be installed with an all weather surface, suitable for access by Fire Department apparatus. A minimum clear street width of 36 feet shall be provided. 165. A fire protection system or systems shall be installed for the golf course buildings as required by the Fire Protection District. 166. Access roads shall not exceed 15 percent grade. 167. Approved turn around areas for fire apparatus shall be provided where the access road is 150 feet or more from the main project collector. 168. Any gates to control vehicle access are to be located to allow a vehicle waiting for entrance to be completely off the public roadway. The method of gate control shall be subject to review by the Bureau of Fire Prevention. A minimum clear open width of 15 feet in each direction shall be provided. If gates are to be locked, a Knox System shall be installed. 169. 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. 170. All driveways shall have a minimum vertical clearance of 13 feet 6 inches. Fire Hydrant /Fire Flow Requirements 171. Prior to construction, the Applicant /Developer shall submit plans to the Ventura County Bureau of Fire Prevention Division for the approval of the location of fire hydrants; all hydrants shall be shown on the plan that are situated within 300 feet of the perimeter of the development. 172. A minimum fire flow of 1,000 gallons per minute at 20 psi shall be provided. The location and capacity of all water storage and conveyance facilities shall be reviewed and approved by the District prior to the recordation of the Final Map and prior to the issuance of building permits. 173. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the County Water Works Manual. These standards specify: a. Each hydrant shall be a 6 inch wet barrel design, and shall have one 4 inch and one 2 J inch outlet. b. The required fire flow shall be achieved at no less than 20 psi residual pressure. 34 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 1, 1996 C. Fire hydrants shall be spaced 300 feet on center, and so located that no structure will be farther than 150 feet from any one hydrant. d. Fire hydrants shall be set back in from the curb face, 24 inches on center. of 3e0- feet PrIaEre framing. California Administrative Code (Title 24- Section 2.1217 Requirements 176. Portions Of this development may be in a hazardous fire area and structures shall meet hazardous fire area building code requirements. V. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITIONS 177. Prior to City approval of any grading permit for the project, the Applicant /Developer and the District shall enter into a contract for the relocation and /or modification of the existing wells on the property. The relocation plan shall address well locations, provisions for drilling additional wells if necessary (if existing wells are damaged during construction), relocation of conveyance structures, and other matters of mutual concern. A copy of the approved contract shall be submitted to the City. The Applicant /Developer shall be responsible for complying with all terms and conditions of the relocation contract. 178. Prior to issuance of a Zoning Clearance for golf course construction, the proposed infrastructure plan for the project shall be designed to place all required water, sewer, and reclaimed water conveyance facilities in the Gabbert Canyon alignment. The Applicant /Developer shall obtain all necessary right -of -way and easements to install the required infrastructure in this alignment. 179. Prior to issuance of a Zoning Clearance for a building permit, the applicant for service shall comply with the Ventura County Waterworks District No. 1 "Rules and Regulations" and any subsequent additions or revisions thereto. Ultra low plumbing fixtures are required in all new construction. Any requirements by the Fire Protection District, that are greater than Waterworks District No. 1 existing facilities are the responsibility of the Applicant /Developer. 180. Waterworks District No. 1 has an existing water transmission line, which shall be relocated at Applicant /Developer's cost, as approved by the District. 181. The Applicant /Developer shall be responsible to construct and pay for the required in -tract and off -site water, reclaimed water, and sewer improvements necessary to serve the property. 182. Applicant /Developer shall be required to pay all applicable water capital improvement fees and sewer connection fees in accordance with the District's Rules and Regulations. VII. MITIGATION MEASURES APPLICABLE TO THE CUP 35 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 1, 1996 183. The approved Mitigation Monitoring Program is included as Attachment -1 3 tG Resolatl*33 NO. , and all mitigation measures are requirements of the CUP, as applic-'ae. Some of the adopted mitigation measures are duplicates or very similar to the conditions of approval. In cases where a mitigation condition conflicts with a condition of approval, the stricter or more specific language shall apply, as determined by the Director of Community Development during the condition compliance review for each phase of development. 36 ADDENDUM TO THE FINAL ENVIRONMENTAL IMPACT REPORT The Moorpark Country Club Estates Project (State Clearinghouse No. 94081075) Vesting Tentative Tract No. 4928 Residential PD Permit No. 94 -1 Conditional Use Permit (CUP) No. 94 -1 General Plan Amendment No. 94 -1 Zone Change No. 94 -1 Development Agreement 95 -1 Prepared for: THE CITY OF MOORPARK 799 Moorpark Avenue Moorpark, California 93021 Planner: Debbie Traffenstedt (805) 529 -6864 Prepared by: THE PLANNING CORPORATION P.O. Box 20250 Santa Barbara, California 93120 (805) 472 -0447 February, 1996 INTRODUCTION Decision to Prepare an Addendum to the Moorpark Estates Final EIR This Addendum has been prepared in accordance with relevant provisions of the California Environmental Quality Act (CEQA) of 1970 as amended and the CEQA Guidelines. CEQA Guidelines define an Addendum as the proper method for analyzing minor potential environmental consequences of a project for which a previous EIR has been prepared. Based on CEQA Guidelines and case law, an Addendum is appropriate when the following criteria are met: (1) only minor technical changes are needed to make the analysis in the prior EIR sufficient; (2) the changes to the Project Description are non - significant and contain elaborations upon or clarifications to components of a project that were described in a conceptual or schematic manner in the original EIR; (3) no significant environmental impacts are anticipated that were not contemplated in the prior document; and (4) no additional substantial mitigation planning is necessary for project implementation; clarification and refinement of mitigation planning is acceptable. In the case of Vesting Tentative Map 4928 and related entitlements, impacts to all natural, cultural, and physical resources were assessed in the prior certified environmental document. During the several months that have elapsed between certification of the Final EIR and the present, the proposed project has been amended in the following manner: (1) The applicant and the City have entered into negotiations to complete a Development Agreement which will govern issues related to fees, exactions, mitigation measures, golf course operations, and related matters. The preparation of a Development Agreement was included in the discussion of impacts in the Final EIR and was recommended as a mitigation measure for the project to offset a variety of impacts, including impacts to hillside views and the integrity of protected ridgelines. (2) The applicant and the City are pursuing negotiations that may assist in offsetting some of the costs associated with mitigation measures and compliance with the terms and conditions being negotiated in the Development Agreement. Addendum to the Moorpark Estates EIR -2 This document is also designed to cover final CEQA compliance review of all final conditions necessary for implementation of the project including: (1) publication and consideration of the final version of the Conditions of Approval for the project; (2) identification of changes in the Site Plan, Conditions of Approval, and content of the Development Agreement since initial approval of the project by the Planning Commission and since certification of the Final EIR; (3) Preparation and public review of a Mitigation Monitoring Program. (4) Adoption of a Development Agreement Addendum to the Moorpark Estates EIR -3 ADDENDUM ANALYSIS This document is designed to cover CEQA review of all final conditions necessary for implementation of the project including: (1) publication and consideration of the final version of the Conditions of Approval for the project; (2) identification of changes in the Site Plan, Conditions of Approval, and content of the Development Agreement since initial approval of the project by the Planning Commission and since certification of the Final EIR; (3) Preparation and public review of a Mitigation Monitoring Program; and (4) Adoption of a Development Agreement. A brief analysis is provided of the environmental concerns that prompted the preparation of an Addendum. However, first a review is provided of the modifications to the project that have been made since submittal and consideration of the original project (described in the Certified Final EIR). Project Modifications Development Agreement The applicant and the City are in the final stages of preparing a Development Agreement for the project. This Agreement will address a number of issues pertaining to the construction and operation of the golf course and clubhouse, the establishment of mitigation fees and exactions, and the refinement of definitions concerning both the entitlements permitted under the Agreement and Conditions of Approval for the project. Preparation of a Development Agreement was referenced repeatedly in the EIR as an advisable mitigation measure and therefore the preparation of the Agreement at this time is considered an essential step in completing mitigation planning for the project. Preparation and approval of the Development Agreement itself will not have any environmental consequences and therefore no further CEQA consideration of this agreement is required. Addendum to the Moorpark Estates EIR -4 Modifications to the Project Grading, Design, and Urban Form The modified project described in this Addendum was considered in the Final EIR (Alternative 5). The design objective for this alternative was to conceive a variation of the project as proposed that would meet the applicant's objectives while reducing environmental effects and improving the proposed urban design. This alternative was developed with the cooperation of the applicant's engineer. This alternative is now being substituted for the project design originally submitted to the City for consideration. This substitution of designs will result in a diminution of environmental effects. Therefore, the project, as amended, is environmentally superior to the project described in the Certified Final EIR. The redesigned project, compared to the original project, has the following general attributes: (1) the northern extension of the western neighborhood was eliminated to prevent grading and landform modification along the northern perimeter of the development; (2) an open space buffer was incorporated into the design around the northern, eastern, and southern portions of the property; (3) the golf courses were redesigned to achieve greater compactness, to reduce intrusions into preserved open space, to reduce grading and air quality impacts, and to prevent potential traffic- pedestrian /golf cart conflicts; (4) the golf course lake system was redesigned to provide an improved surface drainage design (so surface water is directed, to the maximum extent feasible, into water features) which assists in reducing the potential for surface water impacts to downstream areas from golf course chemicals; (5) additional retention capacity was provided to further reduce any potential hydrology impacts within the Gabbert Canyon drainage; (6) the water system for the project was designed to conform with Water District No. 1 master plans for storage reservoir capacity; (7) the layout of houses within the eastern neighborhood was changed substantially to break up the linearity of the original design and to provide more exposure of the neighborhood to the golf course fairway areas; (8) the golf course clubhouse was relocated and redesigned to achieve more compactness and to reorient elevations to prominent fairway exposure; Addendum to the Moorpark Estates EIR -5 (9) a substantial setback and areas of open space and golf course perimeter rough areas were planned around the perimeters of the project to provide additional buffers between the proposed project and surrounding rural neighborhoods; (10) all higher density housing which would have intruded on the quality of life of surrounding rural neighborhoods was eliminated; and (11) the applicant has agreed to revise the street sections and streetscape for the project to include a parkway design, to provide reduced width street sections (on cul -de- sacs), and to provide a coordinated boulevard street tree planting program on the project collector (C Street) linking Walnut Canyon and Gabbert Canyon. Other modifications have included elimination of residential driveways along the project collector "C" Street and provision of a system of private streets to provide access for homes within each residential neighborhood. (12) Modifications were made in the intersection configuration and alignment of the main project collector "C" Street intersection with Walnut Canyon Road. These changes will increase sight - distance and the safety of turning movements into and out of the development. The proposed layout for the revised project is illustrated as an attachment to the Conditions of Approval for the project and the anticipated grading impacts of this layout, which have resulted in substantial grading reductions compared to the project described in the Final EIR. Comparing the grading impacts predicted for the proposed project and the revised project, it is evident that a very substantial reduction in grading has been achieved (approximately a 900,000 cubic yard reduction). Addendum to the Moorpark Estates EIR -6 Environmental Effects of the Project Described in this Addendum The potential reductions in environmental effects associated with this project are summarized briefly in the following discussion. Geologic and Seismic Hazards Impacts associated with mass grading, landform modification, slope stability, and all types of soil disturbance typical of mass graded projects would all be reduced with the approval of this project compared to the originally proposed project. Slope stabilization requirements would be reduced in several residential areas that were to be remediated under the project design as proposed. All impacts associated with proposed mass grading will be significantly reduced with this alternative. The potential for seismically induced slope failures also would be diminished with the amended project. Potential downstream hydraulic and debris transport impacts would be correspondingly reduced. Air Quality Impacts Operational impacts associated with the project would not be significantly reduced with this project since the same number of residential lots and golf courses are planned. The revised project would not result in any additional environmental impacts not previously described in the certified Final EIR. However, construction related impacts would be substantially reduced compared to the proposed project. These reductions would occur to PM10 values as well as to all ozone precursors. The duration of construction, particularly the air quality disruptive grading period, would be reduced. Groundwater Supplies and Surface Water Quality Due to improved planning for on -site retention and the addition of a larger number of more widely distributed water features (which serve as 'filters' for turf chemicals), impacts to surface water quality would be diminished with this project. Impacts related to groundwater supplies, groundwater extraction, and long term water supply planning would be equivalent to the project as proposed. However, due to the greater compactness of the golf course route and the reduction in grading area, some minor reduction in reclaimed water demand may result from adoption of this amended project compared to the project described in the Final EIR. Drainage, Hydrology, and Flood Control While some minor changes will occur in drainage planning and flood control structures, the amended project will result in very similar types of impacts. The golf course design, however, has been modified to provide increased on site storm water retention which is an improvement over the design of the project described in the Final EIR. Addendum to the Moorpark Estates EIR -7 Biological Resources Although the amended project and the project described in the Final EIR will result in very similar disturbances to the on -site vegetation communities within the property boundary, the amended project described in this Addendum will result in a modest improvement in the preservation of on -site habitat. The provision of an open space buffer around the project perimeter will provide for a transition zone of native habitat that will assure that at least some of the rare habitats on site will be preserved. The greater compactness of the golf course also will contribute to reducing the overall impacts of the project. With these exceptions, the project and alternative will result in very similar impacts to native plants, habitats, and wildlife. Noise The amended project will improve the ambient noise environment for the proposed homes within the project boundary because fewer homes will be directly exposed to the major collector street passing through the development. Larger lot sizes will permit changes in building orientation and site planning that can minimize the exposure of bedrooms to the street. The proposed setbacks from the existing residential neighborhoods on the eastern and western perimeters of the project will decrease nuisance noise for existing residents. With these exceptions, the anticipated impacts of the project and the previously considered project are approximately the same. Fire Hazards Fire hazards would be reduced with the project as amended since lot sizes will be larger and greater separation will occur between residences in the project and between the project and surrounding neighborhoods. The layout of the project as revised will also permit more coordinated and improved fuel modification zone planning. The areas for fire hazard fuel maintenance can also be more conveniently serviced by the Homeowners Association given the larger average lot sizes. Less intrusion will occur into native habitat surrounding the property. Population, Housing and Jobs:Housing Balance The impacts of the amended project and the prior project are not significantly different for issues related to housing markets, population growth, and job formation potential. Transportation and Circulation The amended project will result in improved internal circulation, less potential for pedestrian and bicycle accidents, less exposure of children and young adults to high volume traffic (due to improved neighborhood design), greater street privacy for potential residents, an improved streetscape design (which will encourage slower travel speeds along the major collector linking Walnut Canyon Road and Grimes Canyon Road), elimination of private driveways along the central collector "C" Street, and an improved project entrance with increased sight- distance and a better intersection Addendum to the Moorpark Estates EIR -8 configuration. Since no reduction is proposed in the number of homes or golf courses, the off -site impacts of the project on the surrounding street system (road capacity and intersection impacts) would remain equivalent for the project and alternative. The additional two units proposed as part of the amended project would not significantly change the traffic analysis or required mitigation measures for the project. Public Services and Private Utilities Since no change is proposed in the number of residential units and two golf courses are proposed to be constructed under both the project as described in the Final EIR and the amended project, impacts on public services and private utilities would remain the same. The amended project, however, provides greater setbacks from high voltage transmission lines. While there appears to be no significant risk of exposure from the dispersion of electromagnetic impulses along the utility corridor, increased setbacks appear to be a prudent course of action. Aesthetics, Visual Resources, Community Design The improvements to the project aesthetics and community design that have been incorporated into the amended project are very significant improvements over the project as described in the Final EIR. These improvements include a better streetscape and street layout, larger lots which improve quality of life and provide enhanced private recreational areas within individual lots; considerably improved lot orientations to the proposed golf courses; greater privacy of residence in relation to the street; diminished impacts to the community viewshed and considerable preservation of ridgelines around most of the project. On the issue of design and aesthetics, the amended project is far superior to the project as proposed. In summary, the amendments proposed by the applicant to the project description that occurs in the Certified Final EIR reduces impacts in most categories of significant environmental effect. In several other impact categories, the amended project and the project as described in the Final EIR will result in comparable effects. Therefore, from the standpoint of urban design, community planning, and environmental impact reduction, the amended project is superior to the project as proposed. This amended project also basically addresses all of the development goals set forth by the applicant. Addendum to the Moorpark Estates EIR -9 CEQA CONDITIONS OF APPROVAL A complete set of the proposed Conditions of Approval for the project are available for review at the City of Moorpark Department of Community Development. These conditions may be modified slightly by the City Council in final actions on the project. No additional Conditions of Approval were determined to be necessary as a result of the preparation of this Addendum. Addendum to the Moorpark Estates EIR -10 CEQA MITIGATION MONITORING PLAN AB 3180 (Stats 1988, ch. 1232), which became effective on January 1989 and has been codified as Public Resources Code Section 21081.6, now requires that, along with the adoption of the findings specified in an environmental document, the lead agency must also adopt a "reporting /monitoring program to ensure compliance during project implementation." A mitigation monitoring program has been prepared for the proposed project. Copies of this Plan are available for review at the City of Moorpark. The Plan requires that an Environmental Quality Assurance Program be prepared and implemented (to be funded by the applicant) to assure that the large number of complex conditions required of the project are properly implemented. Addendum to the Moorpark Estates EIR -11 3 MITIGATION MONITORING PROGRAM "A�rbl ENVIRONMENTAL QUALITY ASSURANCE PLAN (EQAP) for the The Moorpark Country Club Estates Project (State Clearinghouse No. 94081075) Vesting Tentative Tract No. 4928 Residential PD Permit No. 94 -1 Conditional Use Permit (CUP) No. 94 -1 General Plan Amendment No. 94 -1 Zone Change No. 94 -1 Prepared for: THE CITY OF MOORPARK 799 Moorpark Avenue Moorpark, California 93021 Planner: Debbie Traffenstedt (805) 529 -6864 Prepared by: THE PLANNING CORPORATION P.O. Box 20250 Santa Barbara, California 93120 (805) 472 -0447 Revised. April, 1996 MITIGATION MONITORING PROGRAM FOR THE MOORPARK COUNTRY CLUB ESTATES PROJECT (GPA -94 -1, ZC -94 -1, VTM -4928, CUP -94 -1) Introduction The City of Moorpark is in the final stages of reviewing and adopting Conditions of Approval for the proposed Moorpark Country Club Estates project. An EIR has been certified on the project. This proposed development, which includes two golf courses and 216 custom homes, is currently being amended to permit potential modifications which will modify the golf course layout to minimize grading impacts, improve circulation and safety at points of ingress and egress for the project, provide for a gated private street system for the residential neighborhoods within the project boundary and eliminate driveways on the rural collector street that traverses the project. A Development Agreement is also in preparation. These modifications are the subject of an Addendum to the certified Final EIR; this Addendum has been prepared and will be adopted prior to final approval of the project. Among the actions required for approval of the project, it is necessary to adopt a Mitigation Monitoring Program. AB 3180 (Stats 1988, ch. 1232) which became effective on January 1989 and has been codified as Public Resources Code Section 21081.6, now requires that, along with the adoption of the findings specified in an EIR, the lead agency must also adopt a "reporting /monitoring program to ensure compliance during project implementation." Environmental Quality Assurance Plan (EQAP) Vesting Map No. 4928, Residential Planned Development Permit No. 94 -1, and Conditional Use Permit No. 94 -1 entitlements require preparation and implementation of an Environmental Quality Assurance Plan (EQAP) as follows: The mitigation monitoring program shall be enforced through implementation of an Environmental Quality Assurance Program (EQAP) by the City. The ApplicantlDeveloper shall pay for 100 percent of the City's cost, including administrative fee, to hire a qualified consulting firm to monitor grading, construction, and mitigation compliance. General procedures governing Environmental Quality Assurance Programs (EQAP), which implement California Environmental Quality Act (CEQA) Mitigation Monitoring Requirements, shall govern this monitoring effort. The selected consultant shall be familiar with golf course development. Mitigation Monitoring Program and EQAP -1 In a proposed undertaking with extensive Conditions of Approval that will require coordination of a number of agencies and considerable field monitoring, an efficient and effective method for assuring that such conditions are implemented properly is to require that an applicant funded monitor be retained to coordinate condition compliance. This EQAP monitor can be hired as a part- time /temporary City employee or a private professional can be retained under contract with the City to provide such services. Mitigation Monitoring Program The purpose of a Mitigation Monitoring Program (MMP) is to avoid or minimize environmental problems while providing documentation useful to decision makers in the review, evaluation and development of permit conditions on future projects. The MMP is intended to provide a procedure for the implementation of mitigation measures that have been identified in the project Final Environmental Impact Report. The MMP should include the integration, coordination, and implementation of all mitigation measures and a process to assure compliance. The EQAP program implements the EIR Mitigation Monitoring Program. The legally required framework for assuring proper mitigation compliance for all mitigation measures is provided in the Mitigation Monitoring Program summary table attached to the project resolutions of approval for the project. Unlike the MMP, the EQAP provides a specific framework for assigning responsibilities, reporting results and designating authority to secure condition compliance or stop work when deemed necessary. The EQAP also provides for monitoring and coordination at no expense to the City; the EQAP monitor is funded by the applicant or project developer. Distinguishing between the MMP and EQAP is simple; an MMP is a program or plan and the EQAP is the actual implementation method for assuring compliance. On a large scale project such as the Moorpark Country Club Estates development, use of an EQAP program monitor is essential to ensure proper compliance with the extensive set of conditions applied to the project. Furthermore, the project will require very extensive rough grading, the preparation of a number of pre - development studies and reports, and coordination of a number of City and non -City participants. Important EQAP Monitor Attributes The overall goal of the EQAP monitor is to establish a framework for a proactive rather than a reactive approach to environmental monitoring and the protection of neighborhood quality of life during the construction period. The EQAP monitor is responsible for anticipating environmental Mitigation Monitoring Program and EQAP -2 problems and instituting corrective actions before problems materialize or become difficult to solve. Close coordination of all concerned parties and a spirit of cooperation directed toward the resolution of problems in a timely and cost effective manner is essential to the success of an EQAP program. EQAP monitors (or monitoring firms) should have demonstrated breadth of environmental knowledge and an understanding of the development and permit process. EQAP Program Activities Objectives which are important to the effectiveness of an EQAP program include the following: a) Familiarizing construction workers with the environmental requirements for the project; b) Providing a chain of command for carrying out permit conditions and resolution of issues of concern to the City, the applicant, and the contractors implementing the construction program for the project; C) Providing for remedial measures and follow -up until the activity complies with permit requirements; d) Providing the City with field monitoring services; e) Providing a procedure to investigate and respond to any citizen inquiry or complaint involving site development; f) Resolving issues in a timely manner to maintain critical construction schedules; and g) Meeting permit requirements in a cost effective manner that does not require expenditures of City monetary resources. The Mitigation Monitoring Program as implemented by the EQAP monitor should serve as a concise and effective working framework for the integration of agency personnel, the construction crew, the on -site monitoring /compliance team, and the applicant/developer. The interpretation of how best to institute the environmental mitigation measures required by the City is the responsibility of the EQAP monitor and the City Director of Community Development. Mitigation Monitoring Program and EQAP -3 The Mitigation Monitoring Program, as administered by the EQAP monitor, should provide for the following basic actions: a) the EQAP monitor shall review all grading, construction, and building plans submitted to the City for condition compliance review to ensure that all applicable mitigation measures are addressed; b) the monitor shall modify the Mitigation Measures for the project (this list is provided in table form in Appendix 1 of this document) to be consistent with final Conditions of Approval for the Vesting Map, RPD Permit, and CUP. In cases where a discrepancy exists between these two sets of conditions, the adopted Conditions of Approval shall prevail. c) The EQAP monitor shall establish a schedule for legal /administrative involvement by the City in confirming that mitigation measures have been implemented; d) determine what field monitoring action(s) are required and what environmental measures are to be implemented if conditions conflict or if measures become infeasible due to field conditions; e) define what person (or agency) is responsible for final compliance checks (in the cases where specific permits and clearances are required prior to occupancy); f) assure that a single person is responsible for bridging the implementation of mitigation measures from plan checking to field monitoring; g) define a compliance method for each measure; h) confirm the timing of mitigation in relation to construction activities; and i) arrange an overall schedule of monitoring activities in relation to rough and precise or fine grading. The EQAP monitor also needs to assure that all four distinct phases of mitigation implementation are properly integrated; these phases include preconstruction, rough and precise or fine grading, Mitigation Monitoring Program and EQAP -4 construction and on going operations. Recommended Monitoring Agencies and Personnel The following assigned personnel should be designated as participants in the Mitigation Monitoring Program for this project. Plan Check Monitoring Participants: 1. Community Development Department Staff 2. Building and Safety Department Staff 3. City Engineer's staff 4. Public Works Department Staff 5. City Arborist/Landscape Architect 6. Geotechnical Review Consultants (Bing Yen) 7. Caltrans staff 8. County Public Works Agency (Flood Control and Traffic Divisions) 9. The EQAP monitor assigned to the project. 10. Specialists (biologist & paleontologist) as required by project conditions. Field Monitors: 1. City Community Development Department Staff 2. City Building and Safety Inspector 3. City Public Works Inspectors 4. A soils engineer and geotechnical consultant retained by the City to verify final geotechnical work performed by the applicant's geologists or geotechnical engineers 5. County of Ventura Fire Prevention staff 6. City Engineer's Staff 7. The EQAP monitor assigned to the project. 8. Specialists should be retained as required by project conditions. Mitigation Monitoring Program and EQAP -5 Issues of Concern for Successful Implementation of an EQAP Program To be effective, the EQAP monitor should have a regular reporting procedure. This reporting program should involve preparation of written reports on a weekly basis to the City to provide feedback regarding the feasibility and effectiveness of the mitigation measures imposed on the project. The EQAP monitor is intended to serve as an on -site coordinator to establish a hierarchy of authority among specialists that are in the field reviewing various remediation and mitigation actions. The EQAP monitor must have the authority to stop or redirect work if necessary and to call in specialists or agency staff when needed. Furthermore, the EQAP monitor should establish a procedure in consultation with the City for settling disputes. In some cases, mitigation measure wording may not be explicit enough to provide direction to plan checkers or field monitors. The EQAP monitor should resolve such issues with the approval of the Director of Community Development. EQAP Program Management and Communications Management hierarchy and communication pathways must be clearly delineated to assure optimal working relationships and appropriate reporting. The EQAP program should be implemented with a "team" approach. The EQAP monitor should be responsible for working with the City, the developer's contractors, and responsible and trustee agencies to facilitate clear lines of responsibility and contact. Frequent and regular communication among the monitoring team members is essential for successful compliance. Suggested methods for written communication include daily field logs, compliance reports for when a condition has been satisfactorily completed, and monthly summary reports (depending on the ultimate length and complexity of the monitoring process). Responsibility and Authority Each member of the monitoring team should have distinct and non - overlapping duties and authority. The persons responsible for implementation of the monitoring program shall be selected and retained by the City, after consulting with the developer. These team members shall be directly responsible to the City. Mitigation Monitoring Program and EQAP -6 For the Moorpark Country Club Estates project, recommended team members include: 1. On -site Coordinating EQAP Monitor - This monitor is a multi - disciplined manager of the entire EQAP program; this individual has three key functions: (1) to serve as a liaison with the developer, the City, other monitoring team members and the construction crew; (2) to manage and report field monitoring activities, problems and successes; and (3) to stop or redirect work when determined necessary. The monitor is responsible for ensuring that daily monitoring assignments are carried out, for completion and review of daily logs and any compliance reports, and for the prompt transmittal of information to the City and the developer. The monitor will be responsible for ensuring that the correct specialist is on -site prior to initiation of the construction activities affecting that discipline (e.g., archaeological clearances, confirming relocation of essential Water Works District facilities; assuring completion of biological remediation, etc). 2. Environmental Specialists -- Environmental specialists may need to be retained on an as needed basis (e.g., discovery of an archaeological deposit, discovery of hazardous materials, etc.) Such specialists would only be on -site as needed, when the EQAP monitor determines that the scope of construction activities warrants special expertise. Engineers, biologists, arborists and archaeologists are the most frequently retained specialists. The Conditions of Approval for this project require the presence of an archaeologist and paleonotologist during initial grading. The monitor (or monitoring firm) can provide these skills or independent consultants can be retained; if independent monitors are retained, the duration and frequency of monitoring should be defined by the EQAP monitor. Construction Crew Orientation To assure clear lines of communication, the EQAP monitor should provide for an orientation for all monitoring and construction personnel. The briefing should include the construction supervisor and his crew directors, the developer and the City. The intent of the briefing is to acquaint the construction crews with the environmental sensitivities of the project site, to introduce the monitoring team to the construction team and to review construction specifications and outline the lines of authority when problems are encountered. Emphasis should be placed on the need to work together to resolve problems and arrive at solutions in the field. All field Mitigation Monitoring Program and EQAP -7 teams must understand that construction stoppage will be used if necessary in cases of serious non - compliance with environmental mitigation measures. The developer shall be required to appoint a contact person (to be provided with a pager) who shall be accessible to the City staff and EQAP monitor. Field monitors shall also be required to have pagers to provide a prompt method of City- monitor communication. Compliance Criteria Compliance criteria should be developed by the EQAP monitor so that the City and the on -site monitor can determine if a specific mitigation condition has been successfully completed. Criteria for plan check as well as field monitoring should be established. The criteria should include specific violations that could result in a "stop work" order. Work Stoppages The monitoring program should include a process by which work stoppages are permitted if violations of the mitigation measures could result in resource destruction or environmental contamination. Sample procedures for handling such incidents are set forth below: Rationale for Work Stoppage: Work should be suspended if mitigation measure compliance violations could result in significant environmental impacts or the discovery of an unanticipated problem (such as an unidentified archaeological deposit or a concentration of hazardous soils requiring remediation); the immediate stoppage of a specific construction activity should be permitted until necessary remediation is decided upon and implemented. Procedure: The EQAP Monitor should have the authority to direct construction crew to halt activities at specific locations where the violation has taken place and to require immediate performance of a necessary remediation. Other site construction may continue. The EQAP Monitor should immediately notify the construction supervisor and the City. A course of action should be determined in consultation with the City and a construction change order should be issued (if necessary). Mitigation Monitoring Program and EQAP -8 When remedial work is complete, the Monitor should issue an order for work to resume in the affected area. The violation or incident and its resolution shall be documented in the Field Log and Monthly Report. Dispute Procedures The EQAP monitor should arrange a system for resolving disputes. The City shall maintain ultimate authority to decide the appropriate course of action to achieve resolution of the disputed issue in consultation with the developer. The Community Development Director shall have authority over disputes. Field Inspections Many of the mitigation measures outlined in the Mitigation Monitoring Program should have a follow -up field check or will require on -going monitoring during the construction period. The EQAP monitor should be responsible for defining at what point in the construction process a check on condition compliance is obtained. Process Check Points The EQAP monitor should arrange for specific check points throughout the monitoring process which identify when crucial information is needed before the next step in the development process should be taken (e.g., permits should not be issued until all plans are received and have completed plan check, combustible materials should not be brought onto the site until the water /fire fighting system is installed, etc.). Long Term Condition Compliance Review The Director of Community Development shall periodically review the status and operation of the golf course for compliance with long term management restrictions; compliance with requirements of the Integrated Golf Course Management Plan should also be reviewed periodically by the Community Development Director. Mitigation Monitoring Program and EQAP -9 MOORPARK COUNTRY CLUB ESTATES PROJECT MITIGATION MONITORING PROGRAM: SUMMARY TABLE In cases where a mitigation measures, as included in the Final Environmental Impact Report, conflicts with an approved Condition of Approval for Vesting Tentative Map No. 4928, Residential Planned Development Permit No. 94 -1, and Conditional Use Permit No. 94 -1, the stricter or more specific language shall apply, as determined by the Director of Community Development, during condition compliance review for each phase of development. Modifications to mitigation measures since certification of the Final Environmental Impact Report have generally been made to clarify how to implement such measures and/or when to require satisfaction of such measures during the development process. All mitigation measures included in the Final Environmental Impact Report have been included (sometimes with minor modifications) in the Conditions of Approval for the project. Mitigation Monitoring Program and EQAP -10 MITIGATION MONITORING PROGRAM: BOLLINGER DEVELOPMENT CORPORATION - MOORPARK ESTATES PROJECT Air Quality Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance The project applicant has agreed to incorporate Air Quality Mitigation Continuous during EQAP /Monitor and EQAP Monitor an Air Emissions Mitigation Plan into the Project Measures to be mass and precise City Engineer to include Description. The measures presented in the monitored during grading. compliance Project Description (Chapter 4), will offset construction phases. assessment in the air quality effects of the project to a Measures (1) through monthly reports. considerable degree. However, because emissions (8) refer to grading of ROC, NOx and dust during construction grading and Measure (9) would be significant, the following additional to golf course construction mitigation measures are operations phase. recommended: (1) Equipment not in use for more than ten minutes should be turned off. (2) The fuel injection grading of all diesel engines used in construction equipment should be retarded two degrees from the manufacturer's recommendation. (3) All diesel engines used in construction equipment should use high pressure injectors. (4) All diesel engines used in construction equipment should use reformulated diesel fuel. (5) Construction grading should be discontinued on days forecasted for first stage ozone alerts (concentration of 0.20 ppm) as indicated at the Ventura County APCD air quality monitoring station closest to the City of Moorpark. Grading and excavation operations should not resume until the first stage smog alert expires. Mitigation Monitoring Program - 1 Air Quality Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (6) All clearing and grading activities shall (See prior page) (See prior page) (See prior page) (See prior page) cease during periods of high winds (i.e., greater than 15 miles per hour averaged over one hour) to prevent excessive amounts of fugitive dust. (7) No dirt shall be transported off -site. All other material transported off -site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. (8) All active portions of the site shall be either periodically watered or treated with environmentally -safe dust suppressants to prevent excessive amounts of dust. (9) Facilities shall be constructed and operated APCD permits to Continuous Community APCD compliance in accordance with the Rules and Regulations construct or after Development documentation to of the Ventura County Air Pollution Control operate to be operations Department be provided by District. obtained, as begin. staff golf course required, by operators to applicant/ City. developer or by golf course operator. Mitigation Monitoring Program - 2 Air Quality Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (1) The applicant shall be required to make a Fee payments to be Periodically at Community Prior to zoning contribution to the reduction of local and made prior to the time of each Development clearance, regional air quality impacts through the issuance of building permit Department arrangements payment of an air quality impact fee to the building permits. approval. staff. need to be made Moorpark Traffic Systems Management Fund, to pay required consistent with the fee recommendations for fees. Fees to residential projects contained in the Ventura be deposited at County Guidelines to Air Quality Impact issuance of Analysis. Fees shall be paid for emissions building permits. in excess of the 25- pound - per -day ROC /NOx significance threshold. Fees shall be paid prior to the issuance of building permits. Mitigation Monitoring Program - 3 Air Quality Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (2) The golf course operators shall comply with Plan preparation Once prepared, County of Ventura Periodic review Ventura County Air Pollution Control District should proceed implementation and Air Pollution of CUP conditions Rule 210 or any subsequently approved rule initiation of monitoring of the Control District, and TDM which supersedes Rule 210. Rule 210 requires golf course TDM Plan should Community compliance should that an employer develop and implement a trip operations. be initiated Development occur coincident reduction plan containing strategies to City Community on an annual Department. with CUP reduce the number of individual drivers Development basis. condition review commuting to the work site. Upon Department by City Council. commencement of golf operations, the golf review of TDM Community course operators shall notify the County APCD Plan should be Development Transportation Program Administrator of an incorporated into Department staff intent to begin operations. A plan to CUP review. will prepare reduce air quality effects shall be compliance review coordinated with the APCD. Potential staff report. vehicle trip reductions may be achieved by (but not limited to) any of the following reduction measures: • Direct financial incentives for employees who carpool, vanpool, buspool, or use public facilities. • Use of fleet vehicles for ridesharing employees for personal errands. • Preferential parking for ridesharing employees. • Facility improvements which provide preferential access and /or egress for ridesharing vehicles. • Personal rideshare matching and /or active use of computerized rideshare matching service such as Commuter Computer. • A guaranteed ride -home program for ridesharing employees in emergency situations. Mitigation Monitoring Program - 4 Air Quality Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance • An onsite day care facility. (See prior page) See prior page) (See prior page) (See prior page) • Facility improvements to encourage bicycling and walking (showers, bicycle racks, or lockers, etc.). • Flexible work schedules to transit users, bicyclists, and pedestrians. • Compressed work weeks such as 4/40 or a 9/80 or a 3/36 work schedule where employees report to work fewer days durin a 2 -week period, but no longer work shifts, than employees who work five 8 -hour days per week. Project Redesign Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (1) The oroiect shall be redesigned in accord Redesign has been Required redesign work Community Project redesign with revisions recommended in the Alternatives completed and an has been completed. Development has been completed. Analysis (Chapter 20) to assure that native Addendum has been Department, habitats are preserved to the extent feasible, prepared on the recommended changes. Mitigation Monitoring Program - 5 Geologic Hazards Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (1) Prior to recordation of the Final Map, initiation Prior to recordation All map phases City Engineer Completion and of rough grading, or issuance of any of any Phase of the require complete and acceptance of subsequent development permits, the applicant Vesting Map, geotechnical independent geotechnical or subsequent developers shall contract with geotechnical studies review prior to geotechnical report and an engine rin eolo ist and aeot hnical are to be completed recordation. consultant retained incorporation engineer to quantity the consolidation potential and reviewed, design by the City. of design of the onsite soil materials, to assess the modifications to be Plan checkers recommendations potential for weak soils or bedding layers to incorporated into for individual into the Final affect cut and /or natural slopes, and to verify all final drawings. Phases of the Plans. that grading planned within landslide areas will Map. be remediated to result in a net increase in landslide stability. This geotechnical stud shall, as deemed necessary by t e it Engineer and consulting City geologist and geotechnical engineer, further assess slopes within or adjacent to proposed residential development areas (depending on the final configuration of proposed individual residential parcels). Further assessment must also address stability and mitigation measures for slopes within residential areas, golf courses, as well as potential off -site impacts along access corridors. The findings and recommendations of the geotechnical assessment shall be incorporated into the final design for both the residential and recreational components of the project. (2) Unless subsequent aeotechnical studies direct Plans for remediations City Engineer and Completion and otherwise, landslides shall e removed and to be included in independent acceptance of recompacted during grading. Alternatively, Grading Plan geotechnical geotechnical in some instances, landslides or unstable submittals. consultant report. slopes can potentially be stabilized by retained by the constructing buttress or stabilization fill City. 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 Unified Building Code (UBC) and applicable City and /or County Grading Ordinances. Modifications to these standards shall be permitted along golf course areas only with the written concurrence of the City Engineer and the City's consulting geologist. Mitigation Monitoring Program - 6 Geologic Hazards Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (3) The applicant or subsequent developers shall (See prior page) (See prior page) (See prior page) (See prior page) contract with an engineering geologist to study Condition any unanticipated faults exposed during Compliance grading to detect any evidence of possible procedures are recent activity. No structure should be identical for placed within 50 feet of any fault trace which all geotechnical exhibits recent activity. Final grading and soil studies. requirements for residential and recreational facilities shall be defined by an engineering geologist. All geological recommendations shall be reviewed approved by the City Engineer and the City's consulting geologist. (4) All habitable structures shall be designed to accommodate structural impacts from 0.13g ground acceleration and a maximum credible earthquake event of magnitude 8.5 (Richter). (5) Prior to recordation of the Final Map, initiation of rough grading, or issuance of any subsequent development permits, the applicant or subsequent developers 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 soils 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 reviewed and approved by the City Engineer and the City's consulting geologist. Mitigation Monitoring Program - 7 Paleontology Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (1) A paleontological mitigation plan outlining Mitigation plan to One time EQAP Monitor Submission, procedures for paleontological data recovery be reviewed and occurrence. [Community review, and shall be prepared and submitted to the City approved prior to Development approval of Community Development Department Director recordation of Department] Mitigation Plan. for review and approval prior to the issuance the first phase of a bulk grading permit for the project. of the Vesting Map. The development and implementation of this program shall include consultations with the applicant's engineering geologist. The monitoring and data recovery work shall be performed by a qualified paleontologist. The data recovery should include periodic inspections of excavations and, if necessary, fossil data recovery should be performed to recover exposed fossil materials. The costs of this data recovery shall be limited to the recovery of a reasonable sample of available material. The interpretation of reasonableness shall rest with the City Community Development Department Director. Mitigation Monitoring Program - 8 Water Resources Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance In response to comments provided by Ventura County Water Resources and Development Department, the following mitigation measures have been required to mitigate impacts to groundwater supplies. (1) Prior to Final Map Recordation, the Applicant prepares One time Community Copy of letter to developer shall submit to the Q request and obtains occurrence Development be submitted Canyon Groundwater Management Agency letter from Agency. prior to issuance Department to Community a brief report describing the change of building permits. staff. Development in land use associated with City of Department. Moorpark entitlement approvals and request a groundwater extraction allocation adjustment. (2) The applicant shall obtain a letter Applicant One time Community Copy of letter to from the water purveyor (Waterworks prepares requests occurrence prior Development be submitted to District No. 1) to be submitted to the and obtains letter to issuance of Department the Community Groundwater Management Agency affirming from Agency. building permits. staff. Development that the purveyor has reviewed current Department. demands and determined the existing Agency allocation is sufficient to supply this project (in addition to existing demands). (3) Prior to Final Map recordation, proof of Applicant to One time Community Copy of letter to destruction of all abandoned wells shall prove abandonment occurrence. Development be submitted be provided to the County Public Works and submit Department to the Community Agency Water Resources Division. permits as staff. Development Abandonment of wells shall be completed required. Department. in conformance with County Ordinance 3991; permits for all well reuse (if applicable) shall conform with Reuse Permit procedures administered by the County Water Resources Development Department. Mitigation Monitoring Program - 9 Water Resources Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (1) The applicant (or subsequent developers) Prior to recordation One time Community Certified and and the District shall enter into a contract of Phase 1 of the occurrence. Development Notarized copy for the relocation and /or modification Vesting Map and Department of well relocation of the existino wells on the property. The prior to issuance staff. contract (and relocation plan shall address well locations, of either mass related contract provisions for drilling additional wells if or precise grading issues) to be necessary (if existing wells are damaged permits. provided to during construction), relocation of Contents of the Community conveyance structures, and other matters agreement should Development of mutual concern. This contract shall be be reviewed and Department staff submitted to the City for review and approved by prior to issuance approval prior to the issuance of any Community of any development grading permits for the project. The Development permits. applicant shall be responsible for Department complying with all terms and conditions staff. of the relocation contract. Before any new well is drilled in the North Las Posas Groundwater Basin (if such drilling is required by the Waterworks District), a permit must be obtained from the Fox Canyon Groundwater Management Agency. All wells within the Agency jurisdiction shall be registered and the applicant and District must apply for a groundwater extraction allocation, report future allocations, and pay extraction fees if deemed appropriate. Mitigation Monitoring Program - 10 Erosion Control Quality Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (1) Prior to approval of Final Vesting Map, Prior to recordation One time occurrence. Community Off -site infrastructure the proposed infrastructure plan for the of Phase 1 of the Development improvement plans are project shall be designed to place all Vesting Map, an Department and to be accepted for required water, sewer, and reclaimed water alignment should City Engineer. processing. conveyance facilities in the Gabbert Canyon be selected and alignment. The applicant shall obtain all acquired. necessary right -of -way and easements to install the required infrastructure in this alignment. The City may assist with the acquisition of such easements. (1) An Erosion and Sediment Control Plan shall Prior to rough grading One time occurrence. City Engineer Approval of be prepared by the applicant and approved permit approval, and Director plan by City by the City Engineer prior to issuance of the erosion and of Community Engineer to be any bulk grading permit for the project. sediment control Development. required prior Sedimentation basins and devices for plan is to be to issuance of controlling stormwater flows and prepared, reviewed, rough grading reducing erosion shall be constructed and approved. permit. by the applicant or subsequent developers as required by the City and the County Flood Control District. Provisions for the construction of the sedimentation basins and erosion control devices shall be incorporated into the project Erosion and Sediment Control Plan. Mitigation Monitoring Program - 11 Erosion Control Quality Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (2) Temporary erosion control measures shall (See prior page) (See prior page) (See prior page) (See prior page) be used during the construction process to minimize water quality effects. Specific Implement source EQAP monitor to EQAP Monthly measures to be applied shall be identified procedures for be primary monitoring reports in the project Erosion and Sediment Control Condition 1. field monitor to assume to evaluate Plan. The following water quality assurance condition compliance. compliance. techniques shall be included as necessary: • Minimize removal of existing vegetation. • Provide temporary soil cover, such as hydroseeding, mulch /binder and erosion control blankets, to protect exposed soil from wind and rain. • Incorporate silt fencing, berms, and dikes to protect storm drain inlets and drainage courses. • Rough grade contours to reduce flow concentrations and velocities. • Divert runoff from graded areas, using straw bale, earth, and sandbag dikes. • Phase grading to minimize soil exposure during the October through April storm period. • Install sediment traps or basins. • Maintain and monitor erosion /sediment controls. • The developer (or successors of interest) will ensure that construction activities include proper management and disposal of concrete and other masonry wastes, paint solvents and rinse wastes, vehicle fuel and maintenance wastes (including oil), and other construction debris. This will minimize exposure of these materials to storm water and transport to the drainage system. Mitigation Monitoring Program - 12 Integrated Golf Course Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (3) To minimize the water quality effects of (See prior page) (See prior page) (See prior page) (See prior page) permanent erosion sources, the following design features shall be incorporated into Implement same EQAP Monitor to EQAP Monthly the project grading plan to the degree procedures for be primary field monitoring reports determined necessary by the project civil Condition 1. monitor to assume to evaluate engineer. The City Engineer shall review compliance, and compliance. and approve the grading plan to verify City Engineer. compliance with water quality enhancement features including: • drainage swales, subsurface drains, slope drains, storm drain inlet /outlet protection, and sediment traps; • check dams to reduce flow velocities; • permanent desilting basins; • permanent vegetation, including grass -lined swales; • design of drainage courses and storm drain outlets to reduce scour. (4) The applicant shall prepare and submit to the The IGCMP is to be One time occurrence Community Review, approval, City for review and approval an Integrated Golf prepared and during the planning Development and acceptance Course Management Plan ( IGCMP) to address completed prior necessary for golf Director and by Community water quality impacts of the project. The to issuance of rough course landscape City Engineer. Development management regime recommended in this Plan grading permit and and design - Long Director. shall be the governing document for the long completion of term review would be Periodic term maintenance of water quality associated Landscape Plan part of annual condition with development of the project. The City shall review and approval - Development Agreement compliance review periodically monitor adherence to the plans and Plan to be prepared review, and periodic through CUP management guidelines contained in the Plan. by a certified CUP review. Development The Plan should require periodic analysis of professional IGCMP Agreement compliance the nutrients in the reclaimed water and the plan preparer. process would assure nutrient and moisture requirements of the grass long term compliance. and other landscaping within the golf courses. The Plan shall require that each golf course operator (assuming separate operators for the municipal and semi - private courses) will incorporate the following management practice into golf course operations: Mitigation Monitoring Program - 13 Integrated Golf Course Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance • Testing of soils and turf conditions (See prior page) (See prior page) (See prior page) (See prior page) at regular intervals. This will provide information to determine the application rates for non - potable water, fertilizers and pesticides so that the following can be accomplished: • Nutrient levels between those received from the reclaimed water irrigation and those applied by the gold course staff can be balanced. • Pesticides can be applied only when necessary to cure a problem, and in positively identified pre- emergent situations, not as a preventative measure. • Fertilizers in either slow - release forms or in light, frequent application of soluble forms can be applied to improve nutrient recovery. • Constructing golf course areas (tee boxes, landing areas, greens, etc.) to collect and drain irrigation /storm water runoff to on- project first flush basins. • Reusing collected irrigation water. • Using computer controlled irrigation systems with ground moisture sensors to control irrigation rates and levels to match soil moisture and infiltration rates. • Using wetting agents to aid infiltration and reduce runoff. Mitigation Monitoring Program - 14 Integrated Golf Course Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance • Using wells in the area to monitor (See prior page) (See prior page) (See prior page) (See prior page) groundwater quality. A testing program, implemented as part of the county -wide Storm Water and Groundwater Monitoring Program, will establish a benchmark composition of existing groundwater. Water quality will then be measured on a yearly basis for the first five years of golf course operation. • Late evening application of pesticides. • Use of biological controls for insects (such as installing swallow and bat boxes on the golf course). • Use of insect resistant cultivers. • Development of thresholds to determine when pesticide use would be appropriate. • If 2, 4 -D is used, it should be as a sodium salt (which is less toxic to nontarget organisms). Mitigation Monitoring Program - 15 NPDES Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (5) Runoff from developed areas should be diverted Design review One time activity City Engineer and EQAP Monthly to detention basins, or underground oil and for condition for determining Community monitoring reports grease traps or other Best Management compliance should best design and Development to evaluate Practices, as determined by the City Engineer. be completed at continuous Director. compliance. These devices should be designed by a the time of Plan monitoring until EQAP Monitor to registered civil engineer as part of the drainage check. completion of all be primary improvement plans for the project. Because Cross consultation improvements. field monitor the ponds within the golf courses could with relevant to assure contain pollutants that may be harmful to trustee agencies compliance. wildlife, their design and location should should occur in be reviewed by a concerned conservation planning stages. agency such as the California Department of Fish and Game or an independent biologist, prior to approval of the improvement plans by the City Engineer and Director of Community Development. The basins and traps would require periodic maintenance by the property owner, homeowners association, or other entities. Provisions shall be made by the applicant to provide for maintenance in perpetuity prior to Final Vesting Map approval. (6) The grading permits issued for the Prior to issuance One time EQAP Monitor Periodic EQAP development shall require maintenance of grading permits, occurrence. Include and City monitoring reports schedules for earthmoving equipment and include maintenance maintenance Engineer. would establish documentation of proper disposal of used schedules in requirements in NPDES compliance basis for oil and other lubricants. The applicant Contract Documents contract specifications staff at RWQCB. compliance shall obtain all necessary NPDES related and obtain NPDES for grading. review. permits prior to City issuance of the initial Permits. grading permit for the project. Mitigation Monitoring Program - 16 Flood Control Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (1) A Master Drainage and Flood Control Plans for flood One time City Engineer Review and Approval Improvement Plan shall be prepared which control and drainage occurrence prior to and Plan check of improvement identifies all required drainage and flood improvements issuance of rough staff. Flood plans. Require control improvements necessary to implement should be prepared, grading permits. Control District modifications the proposed project. This plan shall be revised, and approved EQAP monitor and until design is prepared in consultation with the Moorpark prior to issuance of Building Inspectors approved by City Engineer and the Ventura County Flood rough grading permits. to verify field City Engineer and Control District to facilitate required compliance. County Flood interagency coordination. The plan shall Control staff. identify all major improvements and typical drainage facilities for both residential and golf course portions of the project. The capacity, location, and size of all culverts, collection devices, energy dissipaters, and related improvements shall be designed to the satisfaction of the City Engineer and Flood Control District. Capacity details for the construction of the on -site detention basin and improvement of the existing debris basin in Gabbert Canyon shall be included in the Master Improvement Plan. All necessary permits required to implement the Improvement Plan shall be obtained from the County Flood Control District prior to City issuance of a permit for rough grading. No rough grading permit shall be issued until the Master Plan is completed. The Master Plan shall identify what improvements must be completed coincident with the initiation of mass grading. Mitigation Monitoring Program - 17 Flood Control Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (2) A Bank Protection Plan shall be prepared to Plans for bank One time City Engineer and Review an approval address potential hazards to residences and protection and occurrence prior to Plan check staff. of improvement components of the golf course situated within related improvements issuance of final Flood Control plans. the potential hazard limits of Gabbert should be prepared grading permits District. Required Canyon Creek. This Plan shall be prepared and approved prior for contour modifications until after review and approval of the Master to issuance of grading and design is approved Drainage and Flood Control Improvement Plan final, precise restoration. by City Engineer and (Mitigation Measure 1 above). The bank grading permits. Flood Control staff. protection devices incorporated into this EQAP Monitor and Plan shall, to the degree feasible, emphasize City Building the use of "soft" surface improvements (such Inspectors to as gabions, erosion control matting, buried verify field retention features, and similar devices) to compliance. minimize modifications to the existing channel. Potential locations for hazard remediation shall be identified on the Plan. Modifications to the Plan required by the City Engineer or the Ventura County Flood Control District shall be made as requested. The Bank Protection Plan shall also be reviewed by the Department of Fish and Game for compliance with 1603 Permit requirements. An approved Bank Protection Plan shall be completed prior to recordation of the Final Map and prior to issuance of any building permits for residential structures. (3) Sediment yields in the watersheds within the (Same procedures as (Same as above) (Same as above) (Same as above) project boundary shall be computed for pre- Condition 2) development and post - development conditions in accord with methods outlined in Erosion and Sediment Yields in the Transverse Ranges, Southern California (United States Geological Survey, 1978). These estimates of sediment yield shall be completed prior to initiating final design of modifications to the existing debris basin facility situated in the Gabbert Canyon Drainage south of the project boundary. Mitigation Monitoring Program - 18 Flood Control Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (4) Improvements to the permanent debris basin in (Same procedures (Same procedures (Same procedures (Same procedures the Gabbert Canyon watershed shall be made as Measure (2) as Measure (2) as Measure (2) as Measure (2) which will be sufficient to reduce estimated above) above) above) above) sediment generation to pre - development levels. Modifications to this debris basin shall be made in conjunction with commencement of mass grading operations for the proposed golf courses. The design of modifications to this basin shall be reviewed and approved by the Ventura County Flood Control District. All improvements to the basin shall be completed prior to the first rainy season to occur after mass grading has commenced. Basin maintenance shall be provided under an agreement satisfactory to the Flood Control District. An improvement and maintenance cost agreement between the applicant (or subsequent developers) and the District shall be required prior to the issuance of initial grading permits or recordation of the Final Tract Map (whichever occurs first). Mitigation Monitoring Program - 19 Erosion and Sediment Control Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (5) The applicant or subsequent developers shall (Same procedures (Same procedures (Same procedures (Same procedures prepare develop an Erosion and Sediment as Measure (2) as Measure (2) as Measure (2) as Measure (2) Control Plan to address construction above) above) above) above) impacts and long term operational effects on downstream environments and watersheds. This plan shall be prepared by a Certified Erosion and Sediment Control Professional. Proposed management efforts shall include (but not be limited to) construction of debris and detention basins in the Gabbert Canyon watershed, provisions for the use of vegetative filtering enhanced by creekbed reconstruction, preparation of detailed erosion control plans, appropriate use of temporary debris basins, silt fences, sediment traps and other erosion control practices. The proposed plan shall also address all relevant NPDES requirements and recommendations for the use of best available technology. The erosion control plan shall be reviewed and approved by the Community Development Department Director and City Engineer prior to the issuance of grading permits for mass grading. Mitigation Monitoring Program - 20 Biological Resources Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (1) The site plan shall be revised to include Verify plan revisions One time occurrence. EQAP Monitor. If compliance is the preservation of Valley Needle Grassland or prepare Relocation inachievable for habitat situated in the northeastern corner Plan. preservation, grasses of the property. to be relocated on -site to a new location. (2) Prior to approval of Final Vesting Map, the Verify plan One time occurrence. Director of Community Plan modifications proposed habitat restoration plan shall be modifications have Development on his to be included in modified to assure compensation for the been made to both designee. Field revised Landscape loss of native habitats that will occur as a golf course and compliance to be Plan. Verify result of project development. The habitat residential community verified by EQAP compliance prior restoration plan shall emphasize the selective open space landscape Monitor. to issuance of use of purple needle grass (Stipa pulchra) plans. building permits. and other native grasses in areas of fairway EQAP monitoring rough. The plan shall also require golf reports to verify course perimeter planting and landscaping of compliance. selected 'rough' areas with the native plants common to Venturan Coastal Sage Scrub (e.g., Salvia apiana, Salvia leucophylla, Artemisia californica, Rhus integrifolia, Eriogonum fasciculatum, Encelia californica). The applicant shall also fund a program to restore two acres of native grassland. The restoration shall be performed in accord with current best available restoration procedures. The applicant (or a designee) shall be responsible for maintaining the restored grassland for a period of three years or until the native grasses are successfully established. (3) The applicant shall fund a $60,000 Venturan Prior to issuance One time occurrence. Director of Incorporate Coastal Sage Scrub Community research of Phase 1 related Community requirement into program to be managed by the City. The grading permits, Development. Project purposes of this program shall be to funds should be conditions accurately map the remaining distribution deposited with the of approval. of this community, to study its soil City. requirements, plant ecology, and wildlife associations, to provide management advice on the community for agencies and private individuals, to raise funds for the purpose of acquiring lands where relict stands of the community exist, and to provide guidance about restoration or propagation of the community. Mitigation Monitoring Program - 21 Biological Resources Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (3) (continued) The research program shall include a study of the ecological issues related to the management of the community. Provision must be made for disseminating the results of the study. Research programs shall be performed only by qualified professional botanists, wildlife biologists, or other relevant researchers (4) Native plants shall be used in the Same compliance Same compliance Same compliance Same compliance restoration of areas disturbed by the program as program as program as program as construction of the project. The City shall Condition (2). Condition (2). Condition (2). Condition (2). monitor the use of native plants through review and approval of all project landscape plans. (5) The project site plan shall be modified to Same compliance Same compliance Same compliance Same compliance provide areas of dedicated open space within program as program as program as program as which native habitats shall be retained or Condition (2). Condition (2). Condition (2). Condition (2). restored. A portion of the proposed 6.4 acre prepared "Park Dedication Site" shall be set aside for native habitat restoration. (6) Prior to approval of Final Vesting Map and /or Incorporate these Verify both in EQAP Monitor to verify Field compliance issuance of final, precise grading plan, two features into planning and compliance and report to be verified artificial freshwater springs shall be project Landscape implementation to Community by EQAP and established along the western Gabbert Canyon Plan. phases. Development Director. reported in Creek riparian corridor. The location of these Construction artificial springs shall be designated by a Monitoring reports. qualified vertebrate biologist and botanist. These artificial springs shall be maintained to provide year round flows of appropriate water volumes (similar to existing springs in the region). The created spring systems shall be designed to reproduce the conditions present at the existing natural springs in the region. The springs shall be appropriately revegetated with native plants (Tvaha U, Scir is so. Salix so.) and other streamside plants common in the region. The springs shall not be developed within 500 feet of any proposed trail system. Mitigation Monitoring Program - 22 Biological Resources Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (7) Prior to issuance of building permits for either Same compliance Same compliance Same compliance Same compliance residential units or golf course clubhouse program as program as program as program as facilities, the destruction of habitat within the Condition (6). Condition (6). Condition (6). Condition (6). riparian corridor shall be compensated by the restoration of riparian canopy within an area occupying approximately 10 acres of woodland riparian habitat. Mitigation shall require successful establishmen of the following species and plant quantities: Species Quantity Alnus rhombifolia (Alder) 15 Acer negundo Subsp. (Box Elder) 10 Platanus racemosa (Sycamore) 40 Salix lasiolepis (Arroyo Willow) 40 Sambucus mexicana (Elderberry) 20 Juglans californicus (Walnut) 20 Quercus agrifolia (Live Oak) 30 Trees shall at a minimum be 5 gallon container specimens (except for willows) or bare root at the time of planting with a height of 7 feet from the root crown to the top branch. The restoration program in drier areas shall be coordinated with the establishment of artificial springs. A long term supply of fresh (or reclaimed) water shall be provided to assure the perpetuity of the plants. Adequate root guard protection shall be provided to reduce mortality from rodent activity. All mature trees identified in the tree report for the project shall be preserved. Mitigation Monitoring Program - 23 Biological Resources Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (8) Perimeter fencing shall be provided in Require Fencing One time occurrence. Director of Community Building Inspector areas where future residents could obtain Plan prior to issuance Development or his to verify compliance. access to surrounding private lands. of building permit. designee. (9) Off road vehicle use on property within Provide legally Continuous long Director of Periodic CUP the project boundary shall be prohibited. enforceable term monitoring Community compliance review. The covenants and restrictions on the property ORV restrictions. via CUP process. Development shall specify fines for unauthorized use of off or his designee. road vehicles. (10) The trail system designed to serve the project An irrevocable offer One time occurrence. Director of Community - and to provide links with surrounding of dedication of trail Development. subdivisions and the regional trail system easement is required shall be properly designated and shall prohibit for Final Map. the use of motorized vehicles. (1 1) The applicant shall fund a $30,000 Same compliance Same compliance Same compliance Same compliance sensitive species research program to program as program as program as program as be managed by the City. The purposes Condition (3). Condition (3). Condition (3). Condition (3). of this program shall be to study how best to assist in providing adequate marginalized habitats in areas of urban encroachment for sensitive species that are predicted to occur within the Moorpark Country Club Estates property and surrounding area. The program shall include an updated inventory of sensitive species occurring in the Moorpark area. Recommendations shall be made to provide modifications to the Moorpark General Plan Open Space, Conservation, and Recreation Element to improve the accuracy of the existing inventory of native fauna. Management suggestions designed to permit at least the marginal survival of native wildlife shall be provided. The study shall also provide management advice on native fauna for agencies and private individuals. Provision must be made for disseminating the results of the study. Research programs shall be performed only by qualified professional botanists, wildlife biologists, or other relevant researchers. Mitigation Monitoring Program - 24 Noise Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (1) No construction activities shall be permitted Construction limitations Continuous EQAP Monitor Written EQAP before 7:00 a.m. or after 6:00 p.m., Monday to be included in during and Building Monthly through Friday. Saturday construction would Contract specifications construction Inspector to construction reports be permitted with these hour restrictions for grading and period. verify compliance. will indicate degree if complaints from adjacent neighborhoods are building permit. of compliance minimal. Construction is not permitted on with noise conditions. Sunday or on holidays. (2) Stationary noise sources that exceed 70 dBA (Same as above) (Same as above) (Same as above) (Same as above) of continuous noise generation (at 50 feet) shall be shielded with temporary barriers if existing residences are within 350 feet of the noise source. (3) Designated parking areas for construction (Same as above) (Same as above) (Same as above) (Same as above) 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. (4) Immediately surrounding property owners shall (Same as above) (Same as above) (Same as above) (Same as above) be notified in writing on a monthly basis of construction schedules involving major grading. Mitigation Monitoring Program - 25 Fire Hazards Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (1) Prior to recordation of the Final Map or Certified specialists Plan check verifications Initial compliance Field verification issuance of building permits, the applicant to be retained to area one time monitoring by of proper shall retain a certified fire management assist in Landscape occurrence - Community modifications to be professional to prepare a Fire Hazard Plan, residential Plan check should Development completed by Reduction Program; this program shall be open space landscaping, involve County Department Staff. EQAP Monitor and prepared in consultation with the County and full modification Fire Department Field verification Fire District. Fire Protection District and shall be zone planning. plan approval. of proper compliance approved by the City Community Development These plans are to be After plan check and monitored by EQAP Director. The certified fire management completed and and Final Monitor and Fire professional shall be familiar with the approved. Inspection, Prevention District objectives of fuel management in wildland- Homeowner's staff. urban interface. A native plant specialist Association would Long term shall participate in the development of be responsible compliance and the fuel management program. The program for compliance. maintenance, shall apply to all lands within 200 feet activities to be of the residential component of the project undertaken by (or as amended by the certified fire Homeowners professional based on fuel modification Association, golf factors related to the golf courses). course operators or assessment The vegetation management requirements of district. the plan shall be clearly defined. The proposed Moorpark Country Club Estates Homeowners Association shall be responsible for implementing this program in perpetuity. Fuel modification zones are proposed to be retained in as natural a state as safety and fire regulations will permit. The zone will be designed by and planted under the supervision of a landscape architect with expertise in native plant materials and habitat restoration, with the approval of the City Community Development Director, to appear as a transition between the built environment and natural open space. Within the modification zone, native and non - native high -fuel vegetation will be removed and replaced with low -fuel vegetation. The height of plant materials will be kept to a minimum. Planting requirements include a combination of trees, shrubs, and groundcover. Irrigation will not be provided, except in established wet zones, unless necessitated by the plant materials used. Mitigation Monitoring Program - 26 Fire Hazard Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (2) All structures adjacent to open space around Design of the project Compliance assured Plan check staff Building Inspector the perimeter of the project shall be designed should incorporate through building under the to verify field to satisfy at least a one hour fire - resistant three recommendations. permit plan check direction of the compliance. rating. Such structures shall incorporate fire RPD permit related process. City Building EQAP report to retarding features including boxed -in eaves, Design Guidelines Official and include monthly. reduced overhangs, double paned windows, should also Community status reports of convection resistant roof design, non- incorporate these Development compliance combustible roofing material, and related design restrictions. Director. Field progress. design features. Building permits shall not Building permits verification by Fire Department be issued until review of fire retarding not to be issued Building Inspector inspection to architectural features has been completed until completion of and EQAP Monitor. occur periodically by the County Fire Protection District. plan verification and as necessary. Alternatively, design standards meeting these Fire Prevention District criteria could be included in the Fire Hazard Clearance. Reduction Program, and incorporated into the RPD Design Guidelines for the residential units. (3) During all grading and site clearance Fire prevention Continuous EQAP Monitor to EQAP Monitor activities, earth moving equipment activities during during the enforce includes compliance shall be equipped with spark arrestors construction. construction construction reporting in and at least two fire extinguishers. All period. mitigation monthly summary. equipment used in the vegetation clearance conditions. phase shall be equipped with spark arrestors and best available fire safety technology. The vegetation clearance activities shall be coordinated with and approved by the County Fire Prevention Division. (4) All equipment and material staging activities (Same as above) (Same as above) (Same as above) (Same as above) shall be coordinated with the County Fire Prevention Division. Fire prone construction activities shall be prohibited during "Santa Ana" wind conditions. Mitigation Monitoring Program - 27 Fire Hazards Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (5) The collector road system proposed for the Same as condition Same as condition Same as condition Same as condition project shall be reviewed and approved by the (2) above for (2) above for (2) above for (2) above for Ventura County Fire Protection District prior all remaining all remaining all remaining all remaining to issuance of grading permits. conditions. conditions. conditions. conditions. (6) Approved turn around areas for fire apparatus shall be provided where any access road is 150 feet or more from the main project collector. (7) If deemed necessary by the District, the project shall include a helispot and associated fire suppression equipment storage. Any heliport facilities shall be indicated on the Final Map for the project. (8) Any gates to control vehicle access are to be located to allow a vehicle waiting for entrance to be completely off the public roadway. The method of gate control shall be subject to review by the Bureau Fire Prevention. A minimum clear open width of 15 feet in each direction shall be provided. If gates are to be locked, a Knox System shall be installed. (9) Prior to recordation of street names, proposed names shall be submitted to the Fire Department Communication Center for review and comment. (10) Street signs consistent with County Road and Fire District standards shall be installed prior to occupancy. (1 1) Prior to construction, the applicant shall submit plans to the Ventura County Fire Prevention Division for the approval of the location of fire hydrants; all hydrants shall be shown on the plan that are situated within 500 feet of the perimeter of the residential development. Mitigation Monitoring Program - 28 Fire Hazards Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance 0 2) A minimum fire flow of 1,000 gallons per Same as condition Same as condition Same as condition Same as condition minute shall be provided. The location and (2) above for (2) above for (2) above for (2) above for capacity of all water storage and conveyance all remaining all remaining all remaining all remaining facilities shall be reviewed and approved by conditions. conditions. conditions. conditions. the District prior to the recordation of the Final Map and prior to the issuance of building permits. (13) Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the County Water Works Manual. These standards specify: • Each hydrant shall be a 6 inch wet barrel design, and shall have one 4 inch and one 2 112 inch outlet. • The required fire flow shall be achieved at no less than 20 psi residual pressure. • Fire hydrants shall be spaced 500 feet on center, and so located that no structure will be farther than 250 feet from any one hydrant. • Fire hydrants shall be 24 inch on center, recessed in from the curb face. (14) All grass or brush exposing any structures shall be cleared for a distance of 100 feet prior to framing. (15) An approved spark arrester shall be installed on all chimneys. Mitigation Monitoring Program - 29 Fire Hazards Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance 0 6) Address numbers, a minimum of 4 inches high, Same as condition Same as condition Same as condition Same as condition shall be installed prior to occupancy, shall (2) above. (2) above. (2) above for (2) above. be of contrasting color to the background, and shall be readily visible at night. Where structures are set back more than 150 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event the structure(s) is not visible from the street, the address number(s) shall be posed adjacent to the driveway entrance. (17) Portions of this development may be in Same as condition Same as condition Same as condition Same as condition a hazardous fire area and those structures (2) above. (2) above. (2) above. (2) above. shall meet hazardous fire area building code requirements. Mitigation Monitoring Program - 30 Infrastructure Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (1) The potable water, reclaimed water, and Prior issuance of One time activity Community Field verification wastewater disposal facilities and building permits, prior to issuance Development and as built conveyance lines required for the Community of building permits. Department Director drawing project should be designed to Development Director and staff to confirmation accommodate, to the extent possible, and City Engineer coordinate inputs of line sizing. the dwelling units and recreational uses to verify line from service proposed by the applicant together with sizing and future providers (Water the limited development permitted under buildout Works District) the existing General Plan for lands along computations. Field verification the conveyance lines. The computation of of lines installed future buildout should be reviewed and along infrastructure approved by the City Community Development easements. Director prior to determining final line sizing. Building permits shall not be issued until this computation is provided and verified by service providers. Oversizing of lines by providers (beyond General Plan buildout) should not be permitted by the City. All facilities shall be designed to accommodate peak rather than average demand. (2) Once the last phase of residential development After initiation One time activity Community Review for compliance is completed and after golf course operations of use, application prior to first Development Staff should occur at the have been initiated (subsequent to the initial and water District biannual or and Planning first Planning grow -in period), the applicant (or successor) to renegotiate annual CHP staff, Commission CUP shall, as required by the City, renegotiate long -term supply condition compliance Planning review of the existing agreements with Waterworks District contract (if review by Planning Commissioner. project (probably No. 1 to reduce contract allotments for potable warranted). Commission. 2 years after and reclaimed water to correspond with the occupancy since demonstrated demands of the project. Entities initiation). from the District shall be reviewed at the first CUP consistency review by the Planning Commission or City Council. Mitigation Monitoring Program - 31 Infrastructure Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (3) Alternative infrastructure extension routes City Community One time City Engineer Confirm easement outside of major public right -of -ways shall Development activity. and Director locations after be developed for City consideration prior to Department Director of Community recordation. recordation of the Final Tract Map for the and City Engineer Development. project. A specific alternative alignment to review and up Gabbert Canyon shall be considered. approve final To the degree feasible, utility and service infrastructure extensions shall not be placed along Grimes alignment and Canyon Road. The City Community plan prior to Development Director shall review, comment map recordation. upon, and approve the alignment of infrastructure extensions prior to recordation of the Final Map. Mitigation Monitoring Program - 32 Traffic Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (1) The primary project collector street intersection Improvement and One time City Engineer Plan check process with Walnut Canyon Road (State Route 23) landscaping plans activity. and Community is used to confirm shall be designed in consultation with Caltrans prepared by the Development that appropriate to assure that acceptable turning radii, lane applicant prior Department mitigation is widths, shoulders, lane tapers, and adequate to issuance of Director. applied to the acceleration and deceleration improvements are building or project. constructed. Modifications to State Route 23 grading permit. required by Caltrans shall be constructed prior Design review to issuance of permits for the first residential and concepts for dwelling unit or golf course facility occupancy mitigation to be permit. An encroachment permit shall be approved by obtained from Caltrans prior to construction of CalTrans and any proposed roadway improvements. Any the City Engineer. additional right -of -way required to implement the Caltrans approved design for this entrance intersection shall be required by the applicant and dedicated to the State in a manner acceptable to Caltrans. Entry monumentation that does not interfere with sight- distance or turning movements shall be incorporated into the project entrance planning. Landscaping shall be provided appropriate to the entry that will not interfere with sight- distance or turning movement operations. The final design for the project entrance shall be reviewed and approved by the City Community Development Department Director prior to the issuance of permits for the first residential dwelling unit or golf course facility occupancy permit. In accord with Caltrans requirements, the turning and acceleration lanes provided along Route 23 at the project entrance shall be twelve feet wide. Mitigation Monitoring Program - 33 Traffic Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (2) At the intersection of Grimes Canyon Road Same as #1 above. Same as #1 above. Same as #1 above. Same as #1 above. and Highway 118 (Los Angeles Avenue), modifications shall be made on the southbound approach to Highway 118 to provide a left turn pocket and right turn lane. Modifications shall also be made at the railroad crossing adjacent to this intersection required by the City Engineer and City Traffic Engineer to improve the safety of this location. In addition, as required by Caltrans, a median acceleration lane shall be provided for southbound traffic turning eastbound along State Route 118. Mitigation Monitoring Program - 34 Traffic Mitigation Fees Timing /Actions Frequency Monitoring Staff Measure of Compliance (1) The applicant shall contribute to any Fees to be Fees to be paid City Community Tracking of fee cumulative traffic improvement fee program assessed in accord upon recordation Development payments to adopted by the City prior to issuance of the with pro -rata of each place of Department staff be monitored by first residential building permit for the contributions set the Map. Fees and City Community project. In addition to pre- construction by the City would be linked Engineer to Development impact fees, future cumulative impact fees Engineer, or to building collect and monitor Department and may also be collected to offset the long with AOC or other permit issuance payment of fees. the City Engineer. term effects of golf course operations on fee requirements rather than grading regional traffic conditions. If the permits. Golf residential portion of the project is course related constructed prior to the adoption of a assessments mitigation fee program, then a proportionate should be paid share of future improvement costs shall be as agree upon required for locations where project traffic in the Development has a measurable effect on cumulative traffic Agreement for volumes. The City Traffic Engineer and the project and Community Development Department Director conditions of shall determine the required contributions approval. prior to issuance of building permits for residential units; fees must be paid prior to the issuance of these permits. For the golf course operations, fees may either be assessed and paid prior to issuance of grading permits or a fee structure could be negotiated which permits amortization of traffic mitigation costs through a surcharge on green fees. A determination of fee structure and method of collection for the golf courses shall be required prior to issuance of grading permits for either golf course. Mitigation Monitoring Program - 35 Public Services and Facilities Timing /Actions Frequency Monitoring Staff Measure of Compliance (1) Prior to issuance of building permits for Fees to be paid at One time action Community Documentation either the residential or recreational Map recordation or for each phase Development of fee payments to components of the project, all legally issuance of building and one time for Department. be provided prior mandated school impact fees applicable permits for each action for golf to issuance of at the time of Final Map Recordation Phase. course. building permit. shall be paid to the Moorpark Unified School District. (1) Prior to issuance of building permits for Plan review and One time activity. Police Department Confirm inclusion either the residential or recreational advisory input from representatives and of defensible components of the project, the Moorpark Police Department Director of space concepts Police Department shall review development Personnel to be Community in building plans for the incorporation of defensible incorporated into Development. plan check process. space concepts to reduce demands on police project plans. services. To the degree feasible, public safety planning recommendations shall be incorporated into project plans. The applicant shall prepare of list of project features and design components that demonstrate responsiveness to defensible space design concepts. The City Community Development Director shall be responsible for review and approval of all defensible space design features incorporated into the project. This review shall occur prior to initiation of the plan check process for either residential or commercial buildings. Mitigation Monitoring Program - 36 Public Services and Facilities Timing /Actions Frequency Monitoring Staff Measure of Compliance (2) The applicant shall prepare and submit Applicant to prepare One time activity. Police Chief and Plan completion and to the Community Development Department and submit security Community implementation. Director for review and approval a security plan to City. Development plan for the Golf Course and Clubhouse Director review operation. This plan shall be oriented and approve plan. to reducing potential service demands on police or emergency service providers. The plan shall be approved prior to the issuance of building permits for the recreational component of the project. (1) Prior to approval of the Vesting Final Map Applicant to prepare One time activity. Community Plan completion and or issuance of building permits for the and submit Solid Development implementation. residential or recreational component Waste Plan to City. Director reviews of the project, a Solid Waste Management and approves Plan Plan shall be prepared and submitted after consultation to the Community Development Director with Solid Waste for review and approval. This plan, Management staff. which shall include specific measures to reduce the amount of refuse generated by the proposed project, shall be developed in consultation with the Ventura County Sold Waste Management District and the City of Moorpark to meet waste reduction requirements established by the California Integrated Waste Management Act of 1989. (2) The Solid Waste Mitigation Plan shall include Same as condition (1) Same as Condition (1) Same as condition (1) Same as condition (1) a green waste reduction program for the above. above. above. above. proposed golf course operations. Greenwaste related to golf course operations shall not be deposited in landfills. Grass recycling, portable chipping, on -site reuse of trimmings, drip irrigation systems, and use of efficient fertilizers and other landscape management recommendations shall be included in this program. If a for - profit composting operation is developed by the applicant as part of this green waste management program, a Minor Modification to the CUP for the golf course shall be applied for to permit such an operation or facility within the boundary of the Moorpark Country Club Estates project ownership. Mitigation Monitoring Program - 37 Air Quality and Aesthetics Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (3) The Solid Waste Mitigation Plan shall Same as condition (1) Same as condition (1) Same as condition (1) Same as condition (1) require the integration of waste above. above. above. above. reduction and household hazardous waste management concepts into the residential project CC & R's. The Plan will include measures on how to do household recycling, composting, and refuse reduction. Educational materials shall be provided to residents demonstrating refuse reduction and reuse techniques. (4) Where feasible, the use of recycled Validate presence of One time activity. Director of Community Use of materials building materials shall be included in the requirement in Development. to be verified, construction of both the residential and CC &R review. as feasible, during recreational components of the project, construction. and language shall be included in the CC &R's to encourage such use. (5) Residential units shall include "built -in" Validate. One time activity Building and Safety and Inclusion of recycling and trash separation areas. Plan Check staff. required built -in units in plans. (1) Both the eastern and western entrances to the Verify compliance One time activity Plan Check staff Inclusion of proposed project shall be modified to provide by comparisons of during plan check and Community required amenities residential community entry monumentation, condition requirements process. Development and design features appropriate landscaping at entry points, and with landscaping, staff. into plans. municipal and semi - private golf course signage. highway improvement, An orderly and consistent street tree planting and building plans. program shall be established for both entrance roads to provide a landscaping pattern along the entranceways that resembles a rural ranch entry road design. All entry roads shall be planted so trees are spaced at equal intervals. Recommended tree plantings for these entry points shall include the non - natives typically used in ranch settings for entryways including pepper, eucalyptus, and olive trees. Mitigation Monitoring Program - 38 Aesthetics Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (2) The eastern perimeter of the project shall be Redesign has One time activity. Community Verify presence redesigned to provide a setback from the ridge occurred as part Development of recommended system visible along Walnut Canyon. of Project Description Department staff design in Landscaping around this system, once it is modification. and plan check process. landscape plan. restored, shall emphasize reestablishment of Confirm design existing native and non - native habitat. The standards in landscaping program on the eastern perimeter landscape plan. shall emphasize restoration of the existing vegetation and on the east side, the program shall emphasize the use of tiered, tree lined streets to minimize the adverse effects of the urban design planned along this perimeter. (3) The project shall be redesigned to provide Same as condition (2) Same as condition (2) Same as condition (2) Same as condition (2) setbacks from the existing rural properties above. above. above. above. on the northern and eastern perimeter of the development. This modification should emphasize relocating the eastern lots along the perimeter ridge system to a more central location within the development and the relocation of the north - central cluster of homes planned above Gabbert Creek to less visible portions of the project. (4) Low intensity night lighting shall be required Assure that One time activity. Community Verify presence as a PDP condition of approval within photometric plans Development of recommended the streetscape and at intersections. address design Department staff. limitations in Front and rear yard lighting restrictions shall concerns. project photometric be included in the project CC and Rs and plans and CC &R's. Design Guidelines. (5) Design and operation controls on the proposed Monitor ongoing Continuous for Community Review of CUP golf course and clubhouse shall be developed course operations the life of the Development compliance to to minimize disruptions to existing rural for compliance with project. Department staff. be conducted neighborhoods. Minimum impact lighting shall limitations. by Planning be required for the Clubhouse and golf course Include restrictions Commission operations. Golf course maintenance activities in project upon renewal. shall be limited to daylight hours. Limitations Conditions of shall be developed on evening driving range Approval. operations to prevent significant increases in ambient night lighting. Mitigation Monitoring Program - 39 Aesthetics Quality Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (6) The location of homes along the northern Same as condition (1) Same as condition (1) Same as condition (1) Same as condition (1) and eastern perimeter of the project shall above for conditions above for conditions above for conditions above for conditions be set back from the ridgelines to protect the (6) through (10). (6) through (10). (6) through (10). (6) through (10). viewsheds and quality of life attributes of surrounding lower density residential properties (7) The eastern neighborhood shall be reconfigured to provide more cul -de -sacs to provide short streets without exposure to the central collector which is designed to serve as a primary access point to the municipal and semi - private golf courses. (8) The layout of the eastern neighborhood should be revised to provide more lot exposure along the municipal golf course. (9) The street widths, streetscape patterns, lighting, and parkway concept for the project should be created to assure a decidedly rural aesthetic - -this modification may involve providing for rolled curbs, a narrower street section, low intensity decorative lighting, a parkway street section (rather than a typical subdivision pattern), the use of decorative, rural boundary fencing along streets, and other features. 0 0) The streetscape within the western neighborhood shall be fully landscaped and treated with rural design features typical of the immediate neighborhood. Mitigation Monitoring Program - 40 Aesthetics Quality Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (1 1) Detailed information about residential project Same as condition (1) Same as condition (1) Same as condition (1) Same as condition (1) design features shall be incorporated into above for conditions above for conditions above for conditions above for conditions the Design Guidelines for this project. (11) and (12). (11) and (12). (11) and (12). (11) and (12). This detailed information shall comply, to the extent feasible, with the design guidelines and development standards contained in the City's Hillside Management Ordinance. The framework for Residential Planned Development Permit Design Guidelines is provided in Appendix 10 of the EIR. Final details concerning landscaping, streetscape, and the architecture of residential units shall be provided to the City Community Development Director for review and approval prior to certification of the Final EIR. Mitigation Monitoring Program - 41 Cultural Resource Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (1) A cultural resource monitoring program shall be Monitoring should One time activity EQAP Monitor, EQAP Monitor, instituted during the initial vegetation clearance occur during initial during initial Archaeologist and arranges for and for the project. The purpose of this monitoring grading and data grading. Native American verified archaeologist's program is to determine if any significant recovery should be representative. presence. deposits not identified during the Phase I performed, if survey exist within the project boundary. The necessary, on sites monitoring shall be limited to the initial discovered during vegetation clearance phase of the grading construction. program. If cultural deposits meeting the significance criteria defined in CEQA Guidelines are encountered, limited data recovery shall be conducted. The costs of this data recovery shall be limited as defined in Appendices to CEQA Guidelines. Chumash representatives shall be actively involved in the monitoring and any subsequent phases of the project mitigatio program. Participation shall include monitoring of archaeological investigations, construction monitoring, and data analysis. Mitigation Monitoring Program - 42 Mitigation Measures Proposed by the Applicant Incorporated Into The Project Description. Integrated Golf Course Management Plan Timing /Actions Frequency Monitoring Staff Measure of Compliance Prior to the issuance of Grading or Building permits, Applicant prepares Plan preparation is Community IGCMP review the Community Development Director shall approve detailed IGCMP a one time activity Development Director - to be performed an Integrated Golf Course Management Plan to govern landscape to be completed Field implementation by EQAP monitor ( IGCMP) for the golf courses. This plan shall design, management, early in the golf to be monitored until long term be coordinated with the Habitat Enhancement Plan. turf selection, design process. first by the EQAP monitoring At a minimum, the IGCM Plan shall be and chemical monitor then procedure is consistent with the following requirements: management. later by Community established. Development and The plan shall be developed by experts in Engineering staff. Compliance to be golf course design; surface water and reviewed during groundwater hydrology, turf management, CUP and compliance mechanical, and biological controls, Development arborists, and experts in native California Agreement. plants. In addition, the City may, at its sole discretion and at the applicant's expense, use City staff or outside consultants to review the plan. These costs shall be included in the maximum annual monitoring cost specified in the Project Mitigation Monitoring Program. The plan shall incorporate the following goals, policies and design features: (1) The use of chemicals for golf course management shall be permitted in conjunction with natural systems of turf management. Natural methods of biological control include: Mitigation Monitoring Program - 43 Integrated Golf Course Management Plan Timing /Actions Frequency Monitoring Staff Measure of Compliance a. Selection of plant materials Same as prior page. Same as prior page. Same as prior page. Same as prior page. to minimize the need for chemicals (e.g., insect and disease resistant plant species, use of plant species which inhibit plant growth under their driplines, etc.). b. Use of mechanical techniques where possible (e.g. manually removing weeds, rather than using herbicides; installation of "gopher barriers" (i.e., underground wire mesh) around tees and greens to discourage gophers in sensitive areas; use of traps rather than chemical pesticides to control animal pests, and aeration/ filtration of standing water. C. Use of biological control techniques where possible (e.g. use of frogs for mosquito larva control, etc.). (2) The use of irrigation water on site shall Same as Condition (1). Same as Condition (1). Same as Condition (1). Same as Condition (1). be minimized where possible using such techniques such as: a. Time water irrigation to avoid hot periods of the day (i.e., to avoid excess evaporation), or early night (i.e., to avoid plants being wet through out night and thus potentially being more susceptible to diseases). Mitigation Monitoring Program - 44 Integrated Golf Course Management Plan Timing /Actions Frequency Monitoring Staff Measure of Compliance b. Extensive monitoring and recording of soil moisture, and daily evapotransportation rates to maximize irrigation efficiency. C. Establish deep moisture in the soils, avoiding evaporation and encouraging deep root growth. d. Hand water only during the day to preclude wilt. e. Low permeability membranes and /or clay shall be installed under all lakes to prevent loss of irrigation volume. f. Procedures shall be developed to monitor turf maintenance, including anticipated irrigation rates and schedules, and shall be designed to reduce or eliminate the amount of irrigation run -off. (3) When chemicals are used they should be Same as Condition (1). Same as Condition (1). Same as Condition (1). Same as Condition (1). selected to the extent possible for the following characteristics: a. Application of chemicals at the proper time of day to maximize plant uptake and minimize runoff or underground migration (e.g., avoid spraying when very hot, before rainstorms, etc.). Mitigation Monitoring Program - 45 Integrated Golf Course Management Plan Timing /Actions Frequency Monitoring Staff Measure of Compliance b. They should be specific to the target Continued from Continued from Continued from Continued from species (e.g., sex pheromones to trap prior a e. p g prior page. prior page. prior page. insects) rather than be broad spectrum pesticides. C. They should not utilize long- lasting residuals compounds. d. They should not readily evaporate any dangerous compounds or readily migrate through groundwater. e. Procedures shall be developed to record and monitor the use of chemicals, including the type, application rates, and frequency of use, and methods of handlin and storage. (5) A program shall be developed to monitor Measures (5) to (10) Measures (5) to (10) Measures (5) to 00) Measures (5) to 00) on -site and off -site surface and ground to be implemented to be implemented to be implemented to be implemented water quality to be reviewed by the City identically to identically to identically to identically to and by the County Public Works Agency. condition (1). condition (1)• condition (1). condition (1). (6) The most recent applicable Environmental Protection Agency Stormwater and NPDES regulations shall apply to this project. (7) All runoff from man made impervious surfaces such as parking lots shall be filtered through grease /oil traps before discharge into drainage facilities leading offsite to minimize surface runoff of potential water contaminants. The contents of the traps shall be disposed per local and State regulations. Mitigation Monitoring Program - 46 Integrated Golf Course Management Plan Timing /Actions Frequency Monitoring Staff Measure of Compliance (8) In the event that significant ground Continued from Continued from Continued from Continued from water or surface water contamination prior page. prior page. prior a e. p g prior page. from the project is found to occur by either the County of Ventura or the Regional Water Quality Control Board, the applicant shall take whatever steps are deemed necessary by the identifying agency to remove contamination and prevent future impacts. (9) To the degree feasible (given elevation differences in the course design), drains placed under greens, tees, and fairways shall be directed into the on -site lakes. Collected water could be recycled for irrigation use. In areas where drainage to lakes is not possible, the use of impermeable membranes and other water quality protection features shall be considered for incorporation into the course design. 0 0) Measures to reduce water consumption throughout the golf course operation shall be incorporated into the irrigation plan for the project. The measures shall include, at a minimum: (a) Use of drought tolerant turf and other plant materials. (b) Use of drip irrigation systems for plants and other low water irrigation systems for turf. A proposed irrigation system include computerized controls, weather stations, and high -tech distribution systems. Mitigation Monitoring Program - 47 Integrated Golf Course Management Plan Timing /Actions Frequency Monitoring Staff Measure of Compliance (c) Installation of separate metering systems on the domestic and irrigation supplies to monitor of water used for each purpose. (d) Installation of low -flow plumbing fixtures in all buildings and /or areas in the clubhouse locker rooms, rest areas and restaurant. (e) Installation of insulation on cold and hot water pipes to minimize warming of cold water pipes and cooling of hot water pipes. Such insulation can help conserve water by reducing unnecessary running of water. (f) Integration of this plan with the Habitat Enhancement Plan. (1 1) A landscape design plan shall be prepared Same as condition (1) Same as condition (1) Same as condition (1) Same as condition (1) as a component of the IGCMP. At a minimum, above. above. above. above. this plan shall address the following goals and policies: (a) Drought tolerant plant materials shall be used as practical. (b) Plant species which would not attract deer to certain areas shall be considered along the landscaped golf course perimete . (c) California native plants shall be used as much as possible, with species native t or naturalized in the Moorpark Region give preference in landscape planning. (d) If non - native species are used, they shout be non - invasive varieties. Mitigation Monitoring Program - 48 Integrated Golf Course Management Plan Timing /Actions Frequency Monitoring Staff Measure of Compliance (e) A long term maintenance program for the native species shall include regular monitoring programs. 0 2) No internal combustion engine golf carts Same as condition Same as condition Same as condition Same as condition shall be used on site, unless first approved (1) above. (1) above. (1) above. (1) above. by the Community Development Director. (13) The IGCMP shall include a long -term Same as condition Same as condition Same as condition Same as condition monitoring program. An annual review of golf (1) above. (1) above. (1) above. (1) above. course operations shall be required to ensure fulfillment of the intents of the Plan. Modifications to the Plan shall be made as required on an annual basis. Prior to issuance of grading or building permits, Applicant prepares Plan preparation is Community HEP review to be the Community Development Director shall approve detailed HEP a one time activity Development performed first a Habitat Enhancement Plan (HEP). The Plan shall to be incorporated to be completed Director - Initial by EQAP monitor apply to all existing or created on -site oak into the landscape early in the golf field implementation until a long term woodlands, riparian areas, and lakes. The purpose design program. course design process. to be monitored monitoring procedure of this plan shall be to increase the biological first by the EQAP is established. carrying capacity of these areas. This plan shall monitor and then Compliance to be be coordinated with the Integrated Golf Course later by Community reviewed during Management Plan. At a minimum, policies and Development and CUP and Development design features to be incorporated into this plan Engineering staff. Agreement compliance shall include: review. (1) Policies and programs to reduce non - native plants, and encourage native plants. At a minimum, the following programs shall be included: (a) Removal of non - native plants. (b) Planting a variety of native plants to increase biological carrying capacity. Mitigation Monitoring Program - 49 Integrated Golf Course Management Plan Timing /Actions Frequency Monitoring Staff Measure of Compliance (c) Maintenance programs to ensure the See prior page See prior page See prior page See prior page long -term health and viability of plant for requirements. for requirements. for requirements. for requirements. and animal communities. (d) Restrictions on the use of chemicals or pesticides which have documented, detrimental, long -term effects on the biological communities within oak woodlands, riparian areas, and lakes. (e) Restrictions on any management practices to eliminate any "pest" species which may live in the oak woodlands, riparian areas or lakes, unless the Planning Division first approves such practices. Such approvals should only be granted in unusual situations such as threats to public health. (f) Assurances that the project will constitute a viable preserve for at least some locally rare, listed, or endangered plants. Mitigation Monitoring Program - 50 Integrated Golf Course Management Plan Timing /Actions Frequency Monitoring Staff Measure of Compliance (2) Policies regarding trees protected by the City Tree Protection Ordinance (called Compliance with Oak Tree Ordinance One time activity for plan checks City Engineer staff and Community EQAP monitor to field "protected trees "). At a minimum, these consist of the following: requirements to be and continuous Development verify compliance with assured through activity during Department staff. protection (a) This project shall not initially incorporation of requirements in grading until project completion. requirements. remove any tree species protected conditions 2(a) under the City Tree Protection Ordinance. through 2(e) into landscape and grading (b) Damage or removal of any protected tree plans. by this project shall be subject to the provisions of the Tree Protection Ordinance. If a protected tree dies other than as a result of this project, the tree shall be replaced per the requirements of the Tree Protection Ordinance for removed trees. (c) No grading or other activity (e.g., equipment and material storage, parking, etc.) shall occur within the driplines on protected trees. To ensure this, temporary 6' protective fencing shall be installed at least one foot outside the dripline of every such tree prior to grading. (d) Grading and other activities may occur between the dripline and 10 feet beyond the dripline of every protected tree only if the project appointed City Arborist first conducts a field survey of the situation and certifies to the City that the protected tree will not be damaged by the proposed activity. In addition the Arborist shall monitor these activities while they occur to ensure that the protected tree is not damaged. Mitigation Monitoring Program - 51 Integrated Golf Course Management Plan Timing /Actions Frequency Monitoring Staff Measure of Compliance Prior to grading, the grade subject to review by the Arborist shall be staked and otherwise marked as off - limits for activities not previously approved by the Arborist. Also, the off -limit areas shall show on the approved grading plan with notes to the grading contractor on the face sheet of the approved grading plans. (e) A tree planting program shall be instituted to expand the number of trees within the riparian areas within the project boundary along the Gabbert Creek drainage. (3) A buffer zone 25 feet wide, measured from Verify compliance One time activity Plan check staff Inclusion of the top of the bank, shall be maintained by comparison of during plan check and Community required amenities adjacent to all protected drainages condition requirements process. Development and design features identified in the EIR Biological Constraints with landscaping, Department staff into plans. Map. This buffer is designed to protect highway improvement, these areas from impacts resulting from the and building plans. proximity of project - related activities. This buffer shall be subject to the following policies: (a) The exact location of this buffer zone shall be determined by the Community Development Director in consultation with an independent biologist. (b) This buffer zone shall be identified and staked to the satisfaction of the Director prior to grading operations. Mitigation Monitoring Program - 52 Integrated Golf Course Management Plan Timing /Actions Frequency Monitoring Staff Measure of Compliance (c) No physical alterations other than revegetation shall be allowed within this buffer zone unless an independent biologist approved by the Director of Community Development has certified that such work would not damage the integrity of the buffer. Prohibited activities generally include: grading, cut, fill, clearing, landscaping, storage of equipment and materials, vehicular parking and irrigation (except for the establishment of native plants). Required flood - control improvements and bank protection are exempt from this requirement. (4) Use the on -site lakes for the encouragement Same as Measure (1) Same as Measure (1) Same as Measure (1) Same as Measure (1) of native aquatic plants and amphibians. above. above. above. above. (5) This plan shall be coordinated with the Same as Measure (1) Same as Measure (1) Same as Measure (1) Same as Measure (1) California Department of Fish and Game. above. above. above. above. (6) The plan shall include a long -term Same as Measure (1) Same as Measure (1) Same as Measure (1) Same as Measure (1) monitoring provision. above. above. above. above. An on -site tree nursery shall be developed and Nursery to be Continuous - Community Performance review maintained to propagate plant species for use on established and annual event. Development to be required site. The Community Development Director maintained as an Department. during periodic shall approve the location of this nursery. element of the CUP and Development The nursery operational plan shall be golf course. Agreement review. approved prior to issuance of Certificate of Occupancy. Plants shall be distributed to the public on an annual arbor day. At a minimum, 100 oak seedlings (5 gal. or larger) and 100 other native broad leaf trees (5 gal. or bare root) shall be made available annually. Mitigation Monitoring Program - 53 Air Quality Mitigation Plan Timing /Actions Frequency Monitoring Staff Measure of Compliance Prior to the issuance of grading or building permits, the Community Development Director shall approve an Air Emissions Mitigation Plan (AEMP). The plan will implement the intent of EIR air quality mitigation recommendations. At a minimum the AEMP shall contain policies and implementation methods as follows: (1) All construction equipment engines The Air Quality Monitoring to EQAP Monitor and EQAP Monitor to shall be maintained in good working Mitigation Plan is to continue until City Engineer and perform field condition and in proper tune as per be prepared prior to completing of Building Inspectors monitoring and manufacturer's specifications. initiation of rough grading. are all responsible to report on grading. Some of for monitoring compliance (2) During smog season (May through October), these measures implementation of review. the construction period shall be duplicate the the Plan. lengthened so as to minimize the required mitigation number of vehicles and equipment identity in the EIR. operating at the same time. (3) Construction activities should utilize new technologies to control ozone precursor emissions as they become available and feasible as determined by the Community Development Director. (4) All material excavated or graded shall be sufficiently watered or treated with all environmentally safe dust palliatives to prevent excessive amounts of dust. Watering should occur at least twice daily with complete coverage, preferably in the late morning and after work is done for the day. Mitigation Monitoring Program - 54 Air Quality Mitigation Plan Timing /Actions Frequency Monitoring Staff Measure of Compliance (5) All clearing, grading, earth moving, Same as prior page Same as prior page Same as prior page Same as prior page or excavation activities shall cease for all measures for all measures for all measures for all measures during periods of high winds (i.e., (5) to (10). (5) to (10). (5) to (10). (5) to (10). greater than 15 mph averaged over one hour) so as to prevent excessive amounts of dust. Contact the Ventura County Air Pollution Control District (APCD) meteorologist for current information regarding average wind speeds. (6) All material transported off -site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. (7) Face masks shall be used by all employees involved in grading or excavation operations during dry periods to reduce inhalation of dust which may contain the fungus which causes San Joaquin Valley Fever. (8) The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized so as to prevent excessive amounts of dust. (9) All portions of the construction site which are inactive for more than 30 days shall be seeded and watered until grass cover is grown. (10) On -site vehicle speed shall be limited to 15 mph during construction. Mitigation Monitoring Program - 55 Air Quality Mitigation Plan Timing /Actions Frequency Monitoring Staff Measure of Compliance 0 1) All areas with vehicle traffic shall be Same as mitigation Same as mitigation Same as mitigation Same as mitigation watered twice a day or treated with measure (1) for measure (1) for measure (1) for measure (1) for environmentally safe dust palliatives except measures 0 1) to 0 3). measures 0 1) to 0 3). measures 0 1) to 0 3). measures 0 1 ) to 0 3). during periods of measurable rainfall. 0 2) Streets adjacent to the project site shall be swept as needed to remove silt which may have accumulated from construction activities to prevent excessive amounts of dust. 0 3) All of the above implementation measures shall show as notes on the face sheet of the grading plan and shall be conditions of grading permit issuance. Mitigation Monitoring Program - 56 Lighting Plan Timing /Actions Frequency Monitoring Staff Measure of Compliance Prior to the issuance of grading or building permits, the Community Development Director shall approve a lighting plan for all exterior lighting. A lighting plan shall be prepared by an electrical engineer registered in the State of California. The lighting plan shall achieve the following objectives: avoid interferences with reasonable use of adjoining properties; minimize on -site and off -site glare; provide adequate on -site lighting; limit electroliers height to avoid excessive illumination; provide structures which are compatible with the total design of the proposed facility; and minimize energy consumption. The lighting plan shall include the following provisions: (1) A photometric plan showing a point -by -point The following Guidelines Plan preparation Community Long term monitoring foot candle layout to extend a minimum of regarding photometric is a one time Development Director. of compliance shall twenty (20) feet outside the parking lot planning are to be activity to be Initial field occur through CUP and clubhouse boundaries. The layout plan considered for completed early implementation periodic review. is to be based on a ten (10) foot grid center. incorporation into in the golf to be monitored Down lighting and accent landscape and photometric plans course design by EQAP Monitor. building lighting shall be employed for the project. process. throughout the project. Entrance lighting Plans to comply along project access roads shall be compatible with all CUP with the surrounding rural neighborhood. conditions. (2) Maximum overall height of fixtures (except street lights) shall not exceed twenty (20) feet, unless otherwise approved by the Community Development Director. Fixtures must possess sharp cut -off qualities with a maximum of one foot candle illumination at property lines. Mitigation Monitoring Program - 57 Lighting Plan Timing /Actions Frequency Monitoring Staff Measure of Compliance (3) There shall be no more than a seven -to -one See prior page. See prior page. See prior page. See prior page. (7:1) ratio level of illumination shown (maximum -to- minimum ratio between lighting standards). (4) Energy efficient lighting fixtures shall be provided which are compatible with adjacent properties. (5) A minimum of one, and a maximum of two fool candle illumination with a 1.5 foot candle average, or as otherwise approved by the Planning Director. (6) No light shall be emitted above the 90 degree or horizontal plane. No direct light source shall be visible from the street or adjacent properties. (7) Light standards in the parking lot shall be shielded and directed downward to avoid light and glare on neighboring properties. (8) Lighting devices shall be high enough to prohibit tampering by anyone on the ground unless tamper -proof fixtures are approved by the Director of Community Development. All parking areas shall be provided with a lighting system capable of illuminating the parking surface with a minimum maintained 1 -foot candle of light and shall be designed to minimize the spillage of light onto adjacent properties. All exterior lighting devices shall be protected by weather and breakage resistant covers. (9) Street lighting and rural lot lighting standards specified in the EIR shall be incorporated into the project photometric plans. Mitigation Monitoring Program - 58 Landscape Plan Requirements Timing /Actions Frequency Monitoring Staff Measure of Compliance (1) Prior to the issuance of a Zoning Clearance, The following A series of Community Reviewing City three sets of Landscaping and Irrigation Plans, guidelines and one -time planning Development personnel to together with a maintenance program, shall be commitments should actions would be Department, confirm inclusion prepared by a State - licensed Landscape be incorporated into required to and contract of standards and Architect. The plan shall be in accordance the Landscape Plan. implement these City Landscape guidelines prior with the Ventura County Guide to Landscape A number of these guidelines and Architect. to issuance of Plans, and applicable City policies, plans measures have been standards. building permits. and ordinances. Further, the plan shall be incorporated into submitted to the Community Development conditions of Director for approval. The applicant approval for the shall bear the full cost of plan review Golf Course and and final inspection. Vesting Map. (2) Prior to the issuance of an Occupancy Permit, all landscaping and irrigation system installation for the golf course, club house and ancillary structures, front yards, and streetscapes, shall be completed and approved by the Community Development Director or the Director's designee. (3) Prior to occupancy, the landscape architect shall certify, in writing, that the landscaping and irrigation system were installed in accordance with the approved Landscape and Irrigation Plans. (4) Continued landscape maintenance shall be subject to periodic inspection by City staff. The permittee shall be required to remedy any defects within two weeks after notification by City staff. Mitigation Monitoring Program - 59 Landscape Plan Requirements Timing /Actions Frequency Monitoring Staff Measure of Compliance The final landscape plans shall include landscaping specifications, planting details, and design specifications and are subject to the following: (1) The final design of all sidewalks, See prior page for See prior page for See prior page for See prior page for barrier walls, streetscape elements, monitoring guidelines. monitoring guidelines. monitoring guidelines. monitoring guidelines. urban landscaping, and pedestrian paths within the project limits are subject to the approval of the Community Development Director. (2) A 50 percent shade coverage shall be provided within all open parking areas. Shade coverage is described as: the maximum mid -day shaded area defined by a selected specimen tree at 50 percent maturity. (3) Any turf plantings associated with non -golf course areas within this project shall be drought tolerant, low water -using varieties. (4) Landscaping at site entrances and exits and any intersection within the parking lot shall not block or screen a seated driver's view of moving vehicles or pedestrians. (5) Plantings in and adjacent to parking areas shall be contained within raised planters surrounded by six -inch high concrete curbs. (6) Landscaping (trees) shall not reduce overhead lighting at ground level. Mitigation Monitoring Program - 60 Landscape Plan Requirements Timing /Actions Frequency Monitoring Staff See prior page for Measure of Compliance (7) Earthen berms and /or low walls or appropriate landscaping shall screen See prior page for See prior page for See prior page for views of parked vehicles from access and monitoring guidelines. monitoring guidelines. monitoring guidelines. monitoring guidelines. internal circulation roads. (8) Backflow preventers, transformers, or other exposed above -grade utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and /or walls. (9) A sufficiently dense tree planting plan emphasizing tall growing trees and /or shrubs shall be designed for areas adjacent to the proposed clubhouse. Trees next to golf course buildings shall be a minimum of 24 inch box size to provide screening in a five (5) year time period. Recommendations regarding planting in the environmental document shall be incorporated, to the degree feasible, into the screening plan. (10) Irrigation shall be provided for all permanent landscaping, as identified in the approved landscape plan. The applicant shall be responsible for maintaining the irrigation system and all landscaping. The applicant shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the development. Mitigation Monitoring Program - 61 Landscape Plan Requirements Timing /Actions Frequency Monitoring Staff Measure of Compliance 0 1) Native and /or drought - tolerant shrubs See prior page for See prior page for See prior page for See prior page for and trees shall be utilized: for landscaping purposes; in order to stabilize monitoring guidelines. monitoring guidelines. monitoring guidelines. monitoring guidelines. graded slopes; and to encourage return of wildlife species displaced from the project site as a result of grading activities. Mitigation Monitoring Program - 62 y Resolution Number 96- Exhibit 2 Bollinger Development Corporation The Moorpark Country Club Estates Project STATEMENT OF OVERRIDING CONSIDERATIONS Legal Requirements The California Environmental Quality Act (CEQA) section 15093 requires the preparation of a Statement of Overriding Considerations when a project is approved for those environmental impacts which will result for which effective and feasible mitigation cannot be developed. The certified Final EIR on the Bollinger Development Corporation Moorpark Country Club Estates Project (Certified on December 20, 1995) identified two environmental effects for which a Statement of Overriding Considerations must be prepared. In brief, Overriding Considerations statements are required for all significant adverse impacts which cannot be mitigated or avoided. A significant unmitigable adverse impact is a problem for which the EIR preparers, the City, the applicant, or members of the public have been unable to find a solution. Thresholds of significance for determining if an environmental effect is adverse or unavoidable are defined in CEQA, City Guidelines implementing CEQA, and in County thresholds and standards related to regional environmental effects (e.g., air quality, water quality). Impacts for Which Overriding Considerations are Required Based on the information contained in the Certified Final EIR, significant unavoidable environmental effects requiring a Statement of Overriding Consideration were identified for the following impacts: (1) Construction related air quality effects, including the dispersion of particulate matter resulting from mass grading and the generation of nitrogen oxides, sulfur dioxide, and other ozone precursors from Statement of Overriding Consideration -1 vehicles to be used in this grading program, would generate significant amounts of pollution in the regional airshed. Some of these pollutants (particularly PM10) would be suspended indefinitely in the regional airshed and upper atmosphere. (2) The long term vehicle emissions related to the occupation of residential units to be constructed as a result of project approval and the use and maintenance of golf courses would contribute to a long term decline in the quality of the regional airshed. Even with the imposition of mitigation measures, from a cumulative perspective, the project's effects cannot be successfully be offset; moreover, the long term emissions predicted for the development would exceed air quality thresholds established by the Air Pollution Control District, the regional agency assigned the responsibility for assuring proper management of the airshed. (3) Project buildout would result in the direct loss of about 394 acres of Venturan Coastal Sage Scrub, about 40 acres of cactus scrub, 4 acres of Valley Needle Grassland, and modification of about 17 acres of riparian habitat (Alluvial Scrub). These communities all meet the definitions of significant rare or sensitive habitats. Furthermore, a substantial portion of the land around the perimeter of the residential portion of the project would need to be cleared and modified for fire protection purposes, further diminishing the potential for retaining extant native plant communities. Implementation of the project is estimated to be about 450 acres. The adverse effects resulting from destruction of sensitive habitats and plant communities will be very significant. Statement of Overriding Consideration -2 Development of this project will significantly reduce the remaining stands of Venturan Coastal Sage Scrub; depending on variable estimates of the amount of remaining Ventura Scrub extant in Southern California, development of the project would reduce the remaining total inventory of this type of community by between 5% and 20%. The project may represent as much as nearly one - quarter of all remaining lands in the state of this type of plant community. Therefore, implementation of the project will contribute significantly to the gradual, potentially inevitable, elimination of this type of plant community as an extant, viable habitat. Overriding Considerations are defined as those features of a project that rationalize project approval despite the failure to develop sufficient, feasible environmental mitigation measures. The Overriding Considerations for the Moorpark Estates Project are: (1) The proposed project will permit the construction of two golf courses for the use and enjoyment of the citizens of Moorpark. One of the two course will include assured public play. At this time, no golf courses exist within the City and residents must travel considerable distances to avail themselves of this form of recreation. The availability of this type of recreational opportunity within the City will reduce regional air quality impacts by shortening travel times and distances to similar facilities situated outside of the City. Statement of Overriding Consideration -3 (2) The project will involve the creation of a trail system open to the public which will link Grimes Canyon and Walnut Canyon. This trail system, which will be for pedestrian, bicycle and equestrian use, will provide important linkages in the regional trail system serving the City's residents. A dedication of land for public purposes is also planned for Lot 217; these purposes will probably involve (but are not limited to) an equestrian staging area and /or habitat restoration program. (3) An essential collector street linking Grimes Canyon Road and Walnut Canyon Road will be constructed to provide an important link between the northeastern and northwestern portions of the City. (4) This collector road will also provide alternative emergency access alignments for City residents in the project vicinity that are presently unavailable. This connection will improve public safety in the event of major emergencies and disasters. (5) The creation of the proposed collector street will enable buildout of an important road system on the City's General Plan Circulation Element, an improvement that will provide improved traffic flow in the northern portion of the City. (6) The project will provide important economic and job formation opportunities for both short term employment in the construction trades and long term employment in the services and maintenance sectors of the local economy. The balance between jobs and the housing in the City reflects a shortage of employment Statement of Overriding Consideration -4 opportunities, particularly for service and maintenance sector employees, and the approval of the project will contribute to a gradual reversal of this trend. (7) The approval of the project will provide a form and type of housing that is unique and currently unavailable in the City and the creative street and neighborhood design of the project provides a model of new approaches to the development of rural residential neighborhoods which have attractive, pedestrian oriented street amenities. (8) The overall economic benefits of the project for the City will involve a source of long term revenue that will enhance the City's General Fund. Fewer methods exist for providing General Fund revenue now than in the past and the provision of an income stream to the City resulting from the anticipated golf course use will make a valuable contribution to funding important capital improvements and services that would otherwise be unavailable to the City's residents. (9) Comprehensive mitigation measures have been developed for impacts that were identified in the certified Final EIR the project. All physically and technically feasible mitigation measures have been imposed on the project. Statement of Overriding Consideration -5 Resolution Number 96- Exhibit 2 Bollinger Development Corporation The Moorpark Country Club Estates Project STATEMENT OF OVERRIDING CONSIDERATIONS Legal Requirements The California Environmental Quality Act (CEQA) section 15093 requires the preparation of a Statement of Overriding Considerations when a project is approved for those environmental impacts which will result for which effective and feasible mitigation cannot be developed. The certified Final EIR on the Bollinger Development Corporation Moorpark Country Club Estates Project (Certified on December 20, 1995) identified three environmental effects for which a Statement of Overriding Considerations must be prepared. In brief, Overriding Considerations statements are required for all significant adverse impacts which cannot be mitigated or avoided. A significant unmitigable adverse impact is a problem for which the EIR preparers, the City, or the applicant have been unable to find a solution. Thresholds of significance for determining if an environmental effect is adverse or unavoidable are defined in CEQA, City Guidelines implementing CEQA, and in County thresholds and standards related to regional environmental effects for which the County is the Responsible or Trustee agency (e.g., air quality, water quality). Impacts for Which Overriding Considerations are Required Based on the information contained in the Certified Final EIR, significant unavoidable environmental effects requiring a Statement of Overriding Consideration were identified for the following impacts: (1) Construction related air quality effects, including the dispersion of particulate matter resulting from mass grading and the generation of nitrogen oxides, Statement of Overriding Consideration -1 sulfur dioxide, and other ozone precursors from vehicles to be used in this grading program, would generate significant amounts of pollution in the regional airshed. Some of these pollutants (particularly PM10) would be suspended in the regional airshed and upper atmosphere. (2) The long term vehicle emissions related to the occupation of residential units to be constructed as a result of project approval and the use and maintenance of golf courses would contribute to a long term decline in the quality of the regional airshed. Even with the imposition of mitigation measures, from a cumulative perspective, the project's effects cannot be successfully offset; moreover, the long term emissions predicted for the development would exceed air quality thresholds established by the Air Pollution Control District, the regional agency assigned the responsibility for assuring proper management of the airshed. (3) Project buildout will result in the direct loss of about 394 acres of Venturan Coastal Sage Scrub, about 40 acres of cactus scrub, 4 acres of Valley Needle Grassland, and modification of about 17 acres of riparian habitat (Alluvial Scrub). These communities all meet the definitions of significant rare or sensitive habitats. Furthermore, a substantial portion of the land around the perimeter of the residential portion of the project would need to be cleared and modified for fire protection purposes, further diminishing the potential for retaining extant native plant communities. Implementation of the project is estimated to be about 450 acres. The adverse effects resulting from destruction of Statement of Overriding Consideration -2 sensitive habitats and plant communities will be significant. Development of this project will significantly reduce the remaining stands of Venturan Coastal Sage Scrub; depending on variable estimates of the amount of remaining Ventura Scrub extant in Southern California, development of the project would reduce the remaining total inventory of this type of community by between 5% and 20 %. The project may represent as much as nearly one - quarter of all remaining lands in the state of this type of plant community. Therefore, implementation of the project will contribute significantly to the gradual, potentially inevitable, elimination of this type of plant community as an extant, viable habitat. Overriding Considerations are defined as those features of a project that rationalize project approval despite the failure to develop sufficient, feasible environmental mitigation measures. The Overriding Considerations for the Moorpark Estates Project are: (1) The proposed project will permit the construction of two golf courses for the use and enjoyment of the citizens of Moorpark and residents of the surrounding region. At least one of the two course will include assured public play. At this time, no golf courses exist within the City and residents must travel considerable distances to avail themselves of this form of recreation_ The availability of this type of recreational opportunity within the City will reduce regional air quality impacts by shortening travel times and distances to similar facilities situated outside of the City. Statement of Overriding Consideration -3 (2) The project will involve reserving of an easement necessary for the creation of a trail system open to the public which will link Grimes Canyon and Walnut Canyon. This multi -use trail system will provide important linkages in the regional trail system serving the City's residents. A dedication of land for public purposes is also planned for Lot 217; these purposes will probably involve (but are not limited to) an equestrian staging area and/or habitat restoration program. (3) An essential collector street linking Grimes Canyon Road and Walnut Canyon Road will be constructed to provide an important link between the northeastern and northwestern portions of the City. (4) This collector road will also provide alternative emergency access alignments for City residents in the project vicinity that are presently unavailable. This connection will improve public safety in the event of major emergencies and disasters. (5) The creation of the proposed collector street will enable buildout of an important road system on the City's General Plan Circulation Element, an improvement that will provide improved traffic flow in the northern portion of the City. (6) The project will provide important economic and job formation opportunities for both short term employment in the construction trades and long term employment in the services and maintenance sectors of the local economy. The balance between jobs and the housing in the City reflects a shortage of employment Statement of Overriding Consideration -4 opportunities, particularly for service and maintenance sector employees, and the approval of the project will contribute to a gradual reversal of this trend. (7) The approval of the project will provide a form and type of housing that is unique and currently unavailable in the City and the creative street and neighborhood design of the project provides a model of new approaches to the development of semi -rural residential neighborhoods which have attractive, pedestrian oriented street amenities. (8) The overall economic benefits of the project for the City will involve a source of long term revenue that will enhance the City's General Fund. Fewer methods exist for providing General Fund revenue now than in the past and the provision of an income stream to the City resulting from the anticipated golf course use will make a valuable contribution to funding important capital improvements and services that would otherwise be unavailable to the City's residents. (9) Comprehensive mitigation measures have been developed for impacts that were identified in the certified Final EIR for the project. All physically and technically feasible mitigation measures have been imposed on the project. Statement of Overriding Consideration -5 S ORDINANCE NO. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING ZONE CHANGE NO. 94 -1, FOR THE MOORPARK COUNTRY CLUB ESTATES PROJECT (APPLICANT: BOLLINGER DEVELOPMENT CORPORATION) WHEREAS, at a duly noticed public hearing on March 6, 1996, a continued public hearing on March 13, 1996, and continued meetings on March 18 and April 3, 1996, the City Council considered the application filed by Bollinger Development Corporation for the Moorpark Country Club Estates Project, consisting of General Plan Amendment No. 94 -1, Zone Change No. 94 -1, Vesting Tentative Tract Map No. 4928, Residential Planned Development (RPD) Permit No. 94 -1, and Conditional Use Permit (CUP) No. 94 -1 for a 655 -acre site located approximately 2,700 feet south of Broadway, with frontage on both Walnut Canyon Road (State Route 23) to the east and Grimes Canyon Road to the west (Assessor Parcel Nos: 500 - 240 -075, 500 - 230 -065, 500 - 230 -125, 500 - 230 -015, 500 - 230 -135, 500 - 230 -095, 500 - 230 -115, 500 - 230 -075, 500 - 260 -015, 500 - 250 -115, 500 - 220 -075, 500 - 430 -015, 500 - 430 -025, 500 - 430 -035, 500 - 430 -045, 500 - 430 -055, 500 - 430 -065, 500 - 430 -075, 500 - 430 -085, 500 - 430 -095, 500 - 440 -015, 500 - 440 -025, 500 - 440 -035, 500 - 440 -045, 500 - 440 -055, 500 - 440 -065, 500 - 440 -075, 500 - 440 -085, 500 - 440 -095, 500 - 440 -105, 500 - 440 -115, 500 - 440 -125, 500 - 440 -135, 500 - 440 -145, 500 - 440 -155, 500- 440 -165, 500 - 440 -175, 500 - 440 -185); and WHEREAS, the Moorpark Country Club Estates Project is more specifically described as follows: General Plan Amendment No. 94 -1 - 1) Revision of the General Plan Land Use Designation from Rural Low (1 Dwelling Unit per 5 Acres) to Medium Low (2 Dwelling Units per Acre) for residential Lots 1 through 216 (totaling 121.4 acres) and Private Roads H through N and Associated landscaping area (Lots A, B, and C, totaling 11.1 acres); to Open Space 2 for golf course Lots 217 through 220; and to Public /Institutional for water reservoir and water well Lots 221 through 225 (all lot and street references are consistent with Vesting Tentative Map No.4928), and 2) Revision of Land Use Element Policy No. 11.2 to read as follows: When new residential development is proposed adjacent to existing agricultural uses, a 200 -foot minimum setback shall be provided, to minimize compatibility conflicts, unless a determination is made by the City Council that the elevation difference between the agricultural and residential properties justifies a 100 -foot minimum setback; Zone Change No. 94 -1 - Requires adoption of an ordinance to revise the project site zoning from Rural Exclusive 5 Acre to RPD -1.63 Dwelling Units per Acre for residential Lots 1 through 216 (totaling 121.4 acres) and Private Roads H through N and associated landscaping area (Lots A, B, and C totaling 11.1 acres); to Open Space -6.4 Acres for Lot 217, to Open Space -176 Acres for east golf course Lot 218, to Open Space -314.4 Acres for west golf course Lots 219 and 220; and to Institutional for well and reservoir Lots 221 through 225; Vesting Tentative Map No. 4928 - Subdivision of the project site into 216 residential lots (1 through 216), four (4) golf course lots (217 through 220), three (3) Public /Institutional lots (221 through 225) for the well and reservoir sites, the creation of three (3) lots (A through C) for private road and landscape area purposes (to be shown on Final Map), and Ordinance No. _ Page 2 the irrevocable dedication of a 20 -foot easement for trail purposes and Lot 217 for public purposes; Residential Planned Development Permit No. 94 -1 - Required for residential Lots 1 though 216 and establishes development standards and conditions of approval for the residential component of the Project; Conditional Use Permit No. 94 -1 - Required for golf course Lots 217 through 220 and establishes development standards and conditions of approval for the golf course component of the Project, consisting of two 18 -hole golf courses and related facilities including driving range and clubhouses, pro -shop, banquet facilities, bar, snack -bar, golf cart storage and maintenance buildings; and WHEREAS, the City Council on December 20, 1995, adopted Resolution No. 95- 1167, certifying the Final Environmental Impact Report for the Moorpark Country Club Estates Project as having been completed in accordance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City's CEQA Procedures; and WHEREAS, the project was subsequently revised to further minimize significant environmental impacts and an Addendum to the Final Environmental Impact Report has been approved that describes the revised project; and WHEREAS, at a duly noticed public hearing held on December 19, 1995, continued public hearings on January 22, and 29, 1996, and a continued meeting on February 7, 1996, the Planning Commission considered the application filed by Bollinger Development Corporation, received and considered public testimony from all those wishing to testify, closed the public hearing for the project on January 29, 1996, and adopted a resolution recommending approval of the zone change on February 7, 1996; and WHEREAS, the City Council after review and consideration of the information contained in Planning Commission Resolution No. 96 -318, staff reports, Final Environmental Impact Report (EIR), Addendum to Final EIR, Mitigation Monitoring Program, Environmental Impact Report Findings, Statement of Overriding Considerations, and public and staff testimony, reached its decision on the matter on , 1996; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Pursuant to the provisions of CEQA (Division 13 of the Public Resource Code of the State of California), the State CEQA Guidelines, and the City's CEQA Procedures, the City Council of the City of Moorpark previously adopted Resolution No.95 -1167, certifying the Final EIR, and Resolution No. 96- _, approving an Addendum to the Final EIR, Mitigation Monitoring Program, Findings, and a Statement of Overriding Considerations, for the Moorpark Country Club Estates Project. SECTION 2. The City Council hereby finds that the proposed zone change is in conformance with the City General Plan and City Municipal Code, including Title 17, Zoning. SECTION 3. The City Council hereby finds that the approval of this zone change request is in accord with public necessity, convenience, general welfare, and good zoning practice and that for these reasons it is appropriate and necessary to reclassify the property. Ordinance No. _ Page 3 SECTION 5. The City Council hereby approves the zone change from RE -5 Acre to RPD -1.63 Dwelling Units per Acre for residential Lots 1 through 216 (totaling 121.4 acres) and Private Roads H through N and associated landscaping area (Lots A, B, and C of Vesting Map No. 4928 totaling 11.1 acres), to Open Space 6.4 -Acres for Lot 217, to Open Space -176 Acres for east golf course Lot 218, to Open Space 314.4 -Acres for west golf course Lots 219 and 220, and to Institutional for well and reservoir Lots 221 through 225, consistent with attached Exhibit A. SECTION 6. The City Council hereby directs staff to amend the City Zoning Map to reflect the approved zone change. SECTION 7. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 8. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 9. The city clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark Star, a daily newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. PASSED AND ADOPTED this day of , 1996. Paul W. Lawrason, Mayor ATTEST: Lillian E. Hare City Clerk Attachment: Exhibit A - Map showing new zone district boundaries rm; flax As tli rr pia. ♦f� �1Lj�t(�Lv� f•.i _ - "; +'•s•�fi � s r:L'r � � ,.7. •. % d �� 3 i lr _ c a. �/� rt '`■{1 !`+ * ";. Zt.► [)� i +ice � •t + � s , 11 M• 1G I' 1• 717i "71 1 1 �ol � RIX I � RI w i, \ I, , µ Ci— '- Vdilx- �%' f - '' t i _yA� 1 .. µ - ] • - .'FI �i = ' foo wf�«R6.nE r o I 1•r••" , I fWOmCTCO osE IASCK 1 .I I � IIII `• �i ;� I � 4 `• �/ �/ `T �'� �! � \�� _ �✓ \ __� I Iltl •y 1, t�� I ' -� � , �� �, III - ' SITE VICINITY MAP I w.UC +fo.osS 6 ROAD SECTIONS —: �— , s¢,wll 1 c sett, ., .wxa a,.rts • la.,. UTILITIES �r`� � ` W��� s[crrox t coax„ .o.o turf S -.. uod.KO c yrn[, •.� ",+• � `mot` . -, T wurfld0: � � f[crlo- f u N . - Ycu tune trW, `•• [~ r.(lt m. • NA � � + .r .r �t.lia.lr .fei. s[<„ol, s cou "Ir .o.o r( . -.. Ww [n • - r• 1[rl ..f -rlf r KO °. wilnw t,t TT y >. I`•I ,n,�.. uK..d1W ,�..t, s,n[, w ••,a .alf .. r Mnlo.. cdRn fo.e n.rt . -.c wonito • c n r r..on.r:. -.".il w,l n. .... .. .r.,.a. LAND USE DATA LOI b. IR AfG IK.1 I-]n so Lon Ins K Ih1. Slrrl. A lwOCylp II I rl }Il rA.l fl,G,uR IUD f.f K Sn GSI CN COIAR IR.O K ]Irm .Ln Ear ta.R ]II.. K ELL 9c.1. r - zoo MOORPARK COUNTRY CLUBI ESTATES I1 VESTING TENTATIVE TRACT NO. 4928 CITY OF MOORPARK 225 LOTS: 216 SINGLE FAMILY OEIACHEO DWEWNGS UNITS. TWO GOLF COURSES MARCH 1996 BEING A SUBDrASION OF LOTS 10, 11. 13, 14. 17, 18 AND PORTIONS OF LOTS 3. 6. 7, 19. AND 23 OF VALETTE TRACT AS RECORDED IN BOOK_ PAGE 11 OF MISCELLANEOUS RECORDS, RECORDS OF EHE CITY OF MOORPARK, VENTURA COUNTY, CALIFORNIA THE HAALAND GROUP, INC. BOLLINGER DEVELOPMENT. INC. 351 ROLLING OAKS DRIVE 2820 TOWNSGATE ROAD SUITE 200 SUITE 2DO THOUSAND OAKS, CA 91361 WESTLME VILLAGE, CA 91362_ rARAS ].I K 'df fM 4[ Rf(frolf 0 7 K m RCLAI1fD RSpNOIf 0.3 K 1M1Qi 'C' ISO' f/SI III,.R l f.l n I K OTN. RZ IC IhAp} I o K Rost, ,mLL m o K ]L 0. forts. A -- RM G1fI1K a,Ely+ Rr_ fK 11fII.L lNl RMr. p0 O K Rv® t(RfLL Rlla.11LL/tYF C.R. on I -m f+I lfuµ-I RI.O K QU1. .. rrtf/RLL rWlf: on al -m r -I IROIIt- IIO,IM IOfrI to K IN. -.x Gis IIK 41110 fml fVO- 41110. LOIQ: UW1 ,,1LL/Oa/ on Ion fF00b Ws fl129 . .•rtfnnL rAfaa. Lon a, -m 1 T '111 (M filQ 1(01110 NAI of K I . m0K c. =—I fIR RW 1.1'nF a114R lfo c III $lit Rr RISILf 0. to 9QI f r.l tfK1 wAWIN RI 14 MOORPARK COUNTRY CLUBI ESTATES I1 VESTING TENTATIVE TRACT NO. 4928 CITY OF MOORPARK 225 LOTS: 216 SINGLE FAMILY OEIACHEO DWEWNGS UNITS. TWO GOLF COURSES MARCH 1996 BEING A SUBDrASION OF LOTS 10, 11. 13, 14. 17, 18 AND PORTIONS OF LOTS 3. 6. 7, 19. AND 23 OF VALETTE TRACT AS RECORDED IN BOOK_ PAGE 11 OF MISCELLANEOUS RECORDS, RECORDS OF EHE CITY OF MOORPARK, VENTURA COUNTY, CALIFORNIA THE HAALAND GROUP, INC. BOLLINGER DEVELOPMENT. INC. 351 ROLLING OAKS DRIVE 2820 TOWNSGATE ROAD SUITE 200 SUITE 2DO THOUSAND OAKS, CA 91361 WESTLME VILLAGE, CA 91362_ TYPICAL RESIDENTIAL PLOTTING t1 r SINGLE FAMILY DETACHED NOTE PROJECT CC k R'S FOR DETAILS NNV A11 LTAFfT OErAKi vAff wELOI.—I OArvf —S. N ObVfWAY AMOMS °. o w011EO CUA4 A OUTTFA LOT DATA MINIMUM MAXIMUM AVERAGE LOT SIZES 0.23 AC 5.4 AC 0.60 AC (10,000 SF) (235,224 SF)(26 000 SO PAD SIZES _ 2C AC 1.5 Ar... 0.. 5 C, I I LEGEND — +- PROPOSED WASTE WATER LINE PROPOSED WATER LINE PROPOSED RECLAIMED WATER LINE —� —. PROPOSED STORM DRAIN LINE I �_ .c DnIVLwAr I `- FIRE DEPT TURNAROUND PRELIMINARY GOLF CARD A, WEST COURSE EAST COURSE NOTE PAR DIST. HOLE PAR DIST. 1 4 340 1 4 325 2 4 335 2 3 I60 3 3 220 3 5 545 4 4 480 4 4 300 5 3 2oo 5 J 165 6 5 550 6 4 420 7 5 670 7 5 565 e 4 325 e 4 370 9 4 335 9 • 390 rNI 345, rnI 38 II 5 565 11 5 550 12 4 425 L2 4 400 13 4 338 13 3 195 1• 3 180 1♦ ♦ 395 t5 5 570 15 5 525 I6 4 350 16 3 150 17 3 185 17 • 355 18 I N 4 420 • 1 16 IN ♦ �� 14- TOTAL 72 6035 TOTAL 72 6615 NNV A11 LTAFfT OErAKi vAff wELOI.—I OArvf —S. N ObVfWAY AMOMS °. o w011EO CUA4 A OUTTFA LOT DATA MINIMUM MAXIMUM AVERAGE LOT SIZES 0.23 AC 5.4 AC 0.60 AC (10,000 SF) (235,224 SF)(26 000 SO PAD SIZES _ 2C AC 1.5 Ar... 0.. 5 C, I I LEGEND — +- PROPOSED WASTE WATER LINE PROPOSED WATER LINE PROPOSED RECLAIMED WATER LINE —� —. PROPOSED STORM DRAIN LINE I �_ .c DnIVLwAr I `- FIRE DEPT TURNAROUND StAI. 1" : 200' TYPICAL LOT DETAIL p' tal ouoncn. ��pp� rwFs w Y 29' ( BUS TURNOUT j rl; r1 v_ /I M I MOORPARK COUNTRY CLUB ESTATES VESTING TENTATIVE TRACT NO. 4928 CITY OF MOORPARK MARCH 1996 SHEET 2 OF 4 EASEMENTS A, 145' S0 CALIF EDISON CO POLE LINE k TOWER, ETC, EASEMENT PER 2427 OR 257 m 65' SO CALIF EDISON CO POLE LINE B +t EASEMENT PER 1983 DOC�93865� A COUNTY OF VENTURA SLOPE AND DRAINAGE EASEMENT PER 1983 DOC 93855 StAI. 1" : 200' TYPICAL LOT DETAIL p' tal ouoncn. ��pp� rwFs w Y 29' ( BUS TURNOUT j rl; r1 v_ /I M I MOORPARK COUNTRY CLUB ESTATES VESTING TENTATIVE TRACT NO. 4928 CITY OF MOORPARK MARCH 1996 SHEET 2 OF 4 NOTES: 1. INTERSECTION DESIGN TO COMPLY WITH APPLICABLE COUNTY ROAD STANDARD PLATES. DETAIL OF GRIMES CANYON ROAD AND STREET "C" - TRACT 4928 / I / v p \ !114-11 I om.c nn I n/n AO WALNUT CANYON ROAD — S.R. 23 AT PROJECT ENTRY - A �� I / I - I � SID - -_ - / - DETAIL OF WALNUT CANYON ROAD (S. R. 23) MOORPARK COUNTRY CLUB AND STREET "C" - TRACT 4928 ESTATES NOTES: VESTING TENTATIVE TRACT NO. 4928 1. ALL PROPOSED IMPROVEMENTS ARE ON WEST SIDE OF CITY OF MOORPARK CALTRANS RIGHT —OF —WAY WITHIN TRACT 4928 BOUNDARY. 2. IMPROVEMENTS ARE ALL WITHIN RIGHT —OF —WAY MARCH 1996 FRONTAGE OF TRACT 4928. SHEET 3 OF CAMLL: (TO E o[MINNNED) i - I - -_i'_ sl„r'"� �. �'� I - I�f� _ + aR "s = ./ z �A.` =.. ! -• _ °�'*-:� ` + °' ararMc: sovr sw CALiFORW EoeoN COMPAAY 33M Foorwu DRIVE 1 - r. I• y u 1 y 1u u rA,a %vr/ I �— r ��� nausANO GIs. eC"m 913W 9 • – aaJJ '/ /�I r. _-, s.,L - r`'-�- C - L �,J�- J -, 6 •,',zt . 1 -.," -'�. AJj�lh- �� I r� - j rnaPl,alE. 211 MIN) AVENUE, . lit / -I •A. ' l J - -. 1 s.. vALLEY, CALW a IA 93es %' / / _ _ C � �� r • ..!' �nI - 1 L n N ( ws) 492 GAS J.! a+ O' Now I w 6 1 11 Ilk (ete)101 -W1 c A - Z i 3 sovr�{ wM C.uraMw u u ll WINAAE AVNU crAtSw CAU ,0NI- 9131 z 14 r - NA¢e • snco. I ,r sue / 1 ...TL .rNn.a Co enr[e oaNCS ome�cT No. 1 / ,f•. + -ice' .' 1 M le 1r, `W�- '� - nfo MTN CANYON Sao T}ULF 4i;r . 1 1 uoOR >AN.. aI)fORN:A OW21 ,, (sm)se. -.e31 �VV %" � 7 � %- _ Yi 1 QQ��✓✓' °�� � .. I I r -___ L.... _. , 't ..,. ,. wl.N,.. 'AJ x� •' !:J }i ��� �,C � % r/ �i' -J, �. •' `� ..r1. ~- - - -. - --� -_- �. - � sauu, ' rr ` ^� . ! _ tr� 11 1 - .,1 ' VICINITY YAP .i 1 RACr, a 1L ._ -9— NOTES: 1. See Sheets No. 1 - 3 for details on protect d--19n, poll course. street sections, Infrastructure, park sits, e.lsting easements, etc. 2.Tract 4926 -1 to record Initially. Tracts 49x6 -2 through 4926 -6 may record Individually or out of sequence depending on unit Oulld -out. 9c.I. v . zoo• MOORPARK COUNTRY CLUB ESTATES VESTING TENTATIVE TRACT MAP NO. 4926 CITY OF MOORPARK RECORDATION PHASING MARCH 1996 BEING A SUBDMSION OF LOTS 10, 11, 13, 14, 17, 18 AND PORTIONS OF LOTS 3, 6, 7, 19, AND 23 OF VALIETTE TRACT AS RECORDED IN BOOK PAGE 41 OF MISCELLANEOUS RECORDS. RECORDS OF THE CITY OF MOORPARK; VENTURA COUNTY, CALIFORNIA. n THE THE n IIVA f4MAND GROUP. INC. BOL OLLIN INGER DEVELOPMENT, INC. 351 ROLLING OAKS DRIVE 2620 TOWNSGATE ROAD SUITE 200 SUITE 200 THOUSAND OAKS, CA 91361 WESTLAKE VILLAGE, CA 91362