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MOORPARK CITY COUNCILS
AGENDA REPORT g, •; _�_.7 9 - - - -
TO: Honorable City Council BY yylA�"� 'd .-
FROM: Barry K. Hogan, Community Development Director. ✓�
Prepared By: Scott Wolfe, Principal Planner �-
DATE: December 111 2003 (CC Meeting of 12/17/03)
SUBJECT: Consider General Plan Amendment No. 98 -011 Zone Change
No. 98 -01, Vesting Tentative Tract Map No. 5130, and
Residential Planned Development Permit No. 98 -02, for
the Construction of One Hundred and Ten (110) Houses
on Approximately 72.0 Acres on the East Side of Walnut
Canyon Road, South of and Immediately Adjacent to the
Ventura County Water and Sanitation Services Division
Facility, on the Application of Moorpark 150 LLC
(SunCal Companies) (APN - 512 -0- 010 -01, 05 & 06; 512-
0- 020 -01 & 03; 512 -0- 030 -01 & 02; 512 -0- 040 -03, 04,
07, 13, 14 & 24; 512 -0- 050 -14 & 35)
BACKGROUND
On November 19, 2003, the City Council considered a General Plan
Amendment, Zone Change, Tentative Map, and Residential Planned
Development for the subject property. Approval of these
requests had been recommended to the City Council by the
Planning Commission. The requests included:
• a change in the General Plan land use designation from
Specific Plan Area 10 (Rural Low overlay) to Medium Low
Density (ML) residential;
• a change of zoning from RE -5Ac (Rural Exclusive - 5 acre
minimum lot size) to RPD -1.53 (Residential Planned
Development - 1.53 units per acre);
• subdivision of approximately 72 acres into 110 residential
lots; and
■ construction of 110 single- family, detached residences.
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Honorable City Council
December 17, 2003
Page 2
The City Council discussed the matter at some length, and took
public testimony and continued the matter, with the public
hearing open to the meeting of December 17, 2003.
DISCUSSION
At the City Council hearing of November 19, questions arose
pertaining to fire protection, access from Walnut Canyon Road,
and the General Plan designation for the property. Information
on these issues is provided below for clarification.
Fire Protection
In light of recent wildfires, the City Council raised questions
pertaining to fire prevention and fire protection measures
included both in the project and the City in general. The
applicant agreed to utilize architectural fire prevention
techniques in the construction of the homes, and will
investigate such techniques as boxing the eaves or eliminating
them altogether on certain architectural styles. Additionally,
staff is recommending additional fuel modification measures for
those lots adjacent to natural open space. These fuel
modification measures include the creation of additional lots
which will be restricted for use solely as fuel modification
zones adjacent to homes, subject to City and Fire Department
approval. These lots are to be created from the separate open
space lots surrounding the project, as well as the former
Waterworks District property on the eastern edge of the tract.
The Homeowners Association for the subdivision will be
responsible for maintaining the irrigation and landscaping in
such a way as to serve as passive protection for the homes in
the event of a wildfire.
Access from Walnut Canyon Road
Initially intended as temporary access until Spring Road is
connected with North Hills Parkway, the proposed connection to
Walnut Canyon Road from the project is no longer needed under
the current proposal. The applicant now intends to extend
Spring Road to North Hills Parkway if the owners of Specific
Plan No. 2 do not do so first. The applicant has come to a
conceptual agreement with Pardee Homes, the owner of the
Specific Plan No. 2 property, to accomplish this if it becomes
necessary. As the applicant no longer intends to construct or
utilize the Walnut Canyon Road access, two options may be
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Honorable City Council
December 17, 2003
Page 3
considered to preserve the potential for its utilization should
it become needed in the future.
The first option is to direct the applicant to design and grade
the road, but not improve it. The potential road bed would be
landscaped and reserved for future use under this option. The
second option is to direct the applicant to design the road to
ensure that it can be accommodated within the tract as proposed
without any modification to the adjacent single family lots, but
refrain from grading the roadway. Under this option, the slope
dropping to Walnut Canyon Road would be landscaped and would
retain a uniform appearance across the project limits. The land
for the access drive would be reserved and used partially as a
passive recreational area within the project, with the remainder
incorporated into the Walnut Canyon Road slope of Lot C, until,
or if, it is needed for a roadway. Staff recommends that the
City Council proceed with Option 2 and not require the applicant
to grade the road at this time. The conditions of the project
reflect this alternative.
General Plan Designation
The General Plan Land Use Map now shows the subject property as
Specific Plan No. 10 allowing the approval of a Specific Plan
for 154 houses to be built. The General Plan allows the City
Council, if it finds substantial public benefit as a result of
the project, to increase the maximum allowable housing units to
231. The overlay designation of Rural Low Density Residential
(RL) currently allows one (1) dwelling unit per five (5) acres.
This permitted density, substantially lower than allowed through
a Specific Plan, is a "holding" designation, intended to
encourage the use of Specific Plans. The Land Use Element bases
its buildout forecast on the number of units allowed through its
Specific Plans, not the overlay designations. Therefore, the
requested project reflects a decrease in the number of units and
density envisioned in the Moorpark General Plan. Any benefits
to the City of a Specific Plan for this site can be achieved
through the Development Agreement, given the project site size
and planned land uses.
Changed Lot Designations
In response to City Council and Planning Commission concerns,
staff and the applicant have come to agreements on some changes
to the lots to provide for fuel modification and changes in the
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Honorable City Council
December 17, 2003
Page 4
proposed access to the project. The following table is provided
to assist in clarification of the various lots within the tract:
Parcel
Proposed Use
Change from Last
Hearing
1 -110
Single- family Residential
No Change
A
Canyon Open Space (Private)
No Change
B
Walnut Canyon Open Space (Private)
No Change
C
Walnut Canyon Open Space (Private)
Expanded to
include F -1
D
Wicks Road Open Space (Private)
No Change
E
North Hills Parkway Future Right -
of -Way (Highway 118 Bypass)
No Change
F
Private Streets
No Change
F -1
Private Streets
Deleted, now
part of Lot C
G
Private Park
No Change
H
Private Park
No Change
I
Wicks Entry
No Change
J
Access to North Hill Parkway
No Change
K
Paseos
No Change
K -1
Paseos
No Change
L
Parkways
No Change
M
Parkways
No Change
N
Fuel Modification
Created from
Existing Open
Space parcels
O
Open Space/ Fuel Modification
Former Waterworks
District Parcel
P
Private Park
Former connection
of F to F -1
A Special Condition of Approval has been added to the draft
Resolution for City Council consideration to ensure protection
of the open space lots from grading and mineral extraction
activities. Changes to the conditions of approval are included
in legislative format as part of the draft resolution in
Attachment 3.
STAFF RECOMMENDATION
1. Accept public testimony, and close the public hearing.
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Page 5
2. Adopt Resolution No. 2003- adopting the Mitigated
Negative Declaration and approving General Plan Amendment
No. 1998 -01
3. Adopt Resolution No. 2003- , approving Tentative Tract
Map No. 5130, and Residential Planned Development Permit
No. 1998 -02 subject to Conditions of Approval.
4. Introduce Ordinance No. for first reading to amend the
zoning of the project site, and set January 7, 2004, for
second reading.
ATTACHMENTS:
1. City Council November 19, 2003 Agenda Report (with Project
Exhibits and Mitigated Negative Declaration).
2. Draft Resolution adopting the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program
and approving General Plan Amendment No. 1998 -01.
3. Draft Resolution approving Vesting Tentative Tract Map No.
5130, and Residential Planned Development Permit No. 1998-
02.
4. Draft Ordinance Approving Zone Change 1998 -01.
000005
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Barry K. Hogan, Community Development Directo
Prepared By: Scott Wolfe, Principal Planner
DATE: November 4, 2003 (CC Meeting of 11/19/03)
SUBJECT: Consider General Plan Amendment No. 98 -01, Zone Change
No. 98 -01, Vesting Tentative Tract Map No. 5130, and
Residential Planned Development Permit No. 98 -02, for
the Construction of One Hundred and Ten (110) Houses
on Approximately 72.0 Acres on the East Side of Walnut
Canyon Road, South of and Immediately Adjacent to the
Ventura County Water and Sanitation Services Division
Facility, on the Application of Moorpark 150 LLC
(SunCal Companies) (APN - 512 -0- 010 -01, 05 & 06; 512-
0- 020 -01 & 03; 512 -0- 030 -01 & 02; 512 -0- 040 -03, 04,
07, 13, 14 & 24; 512 -0- 050 -14 & 35)
BACKGROUND
On July 23, 2001, the Planning Commission considered a General
Plan Amendment, Zone Change, Tentative Map, and Residential
Planned Development for the subject property. The requests at
the time included:
• a change in the General Plan land use designation from
Specific Plan Area 10 (Rural Low overlay) to Medium Low
Density (ML) residential;
• a change of zoning from RE -5Ac (Rural Exclusive - 5 acre
minimum lot size) to RPD -1.53 (Residential Planned
Development - 1.53 units per acre);
• subdivision of approximately 70 acres into 107 residential
lots; and
■ construction of 107 single - family, detached residences.
The Planning Commission recommended approval of these requests
to the City Council; however the case did not proceed for City
CC ATTACHMENT 1 000006
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Honorable City Council
November 4, 2003
Page 2
Council consideration at that time, as the applicant was
considering project modifications. Since that time, the
applicant has acquired approximately 2.0 acres northeast of the
site for better access to the property from the future Spring
Road extension, modified the project design, and added three (3)
additional units to the proposed development. Staff brought the
matter back to the Planning Commission for review on August 19,
2003. At that hearing, the Planning Commission reviewed the
revised project and recommended approval of the project with
conditions to the City Council. Copies of the Planning
Commission Agenda Report, which includes a complete project
description and analysis, and the Planning Commission Resolution
are attached.
DISCUSSION
The 72 -acre site is irregularly shaped with a wide variation in
topography. Terrain varies from relatively flat on the upper
portions of the property to very steep as the property drops
into the drainage courses on the east and west sides, as well as
through the center. At the center, a large ravine over 400 feet
wide and approximately 100 feet deep with steep sides and a
sandy bottom bisects the project site. The upper, flat portions
of the site are vegetated primarily with non - native grasses and
scattered non - native trees, predominantly California Pepper
trees and Eucalyptus trees. The lower portions of the site are
also vegetated with non - native grasses, shrubs, and trees.
Stands of native trees, particularly California Black Walnut,
and other individual native species also exist on the site. The
recent wildfire burned the far eastern portion of the site, as
well as the lower areas within the ravine. However, the upper,
flat areas remain relatively unaffected by the fire.
The requested General Plan Amendment would change the land use
designation from Specific Plan Area 10 with a Rural Low (RL)
Overlay for 66 acres of the site, and Open Space -2 (OS -2) for 6
acres of the site, to Medium Low Density (ML) Residential,
allowing a density up to two (2) units per acre. Despite the
apparent increase in allowable density, the project actually
proposes fewer units than originally envisioned, and the project
maintains nearly 40% of the subject property as open space.
While the established overlay designation density is one (1)
unit per five (5) acres, the Specific Plan Area designation
provides for a maximum of 154 units (approximately 2.33 units
per acre) when a Specific Plan, meeting the criteria in the Land
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Honorable City Council
November 4, 2003
Page 3
Use Element, is approved. The Planning Commission recommended
deletion of the Specific Plan designation.
The modified Vesting Tentative Tract Map consists of 110
residential lots for single - family detached houses. The lots
range in size from 8,680 square feet to 15,724 square feet. The
average lot size is 11,007 square feet. Building pads within the
tract range from 8,100 square feet to 13,702 square feet, with
the average being 10,397 square feet. There are fifteen (15)
other lots proposed as part of this subdivision, which include
private streets, open space lots, access drives, parkways,
private recreational areas and paseos within the tract.
The proposed homes range in size from 2,950 to 4,425 square
feet. Four ( 4 ) different house plans are proposed; two (2 ) are
single -story and two (2) are two - story. The buildings conform
to the maximum building heights within the RPD zone, and the
arrangement of two -story homes will be monitored to ensure an
open "feel" to the neighborhood. Each of the four product types
will be built with one of three different architectural styles:
French Country, Craftsman, or Prairie. These styles are
described in the attached Planning Commission Agenda Report.
A parcel of land adjacent to the subject property to the east is
being acquired from the Ventura County Waterworks District by
the applicant for use as right -of -way for North Hills Parkway.
The parcel is being conditioned to be included within the tract,
and the residual property within the parcel will be included
within the open space component of the project, to be maintained
by the project's Homeowners Association.
In addition to the consideration of the proposed entitlements as
analyzed in the attached Planning Commission Agenda Report, the
applicant is also requesting consideration of a Development
Agreement for this project. The proposed Development Agreement
is addressed in another item on the agenda.
There are a number of changes to the Conditions of Approval that
the Planning Commission recommended to the City Council. These
changes are mostly due to further discussions with staff and
negotiations with the Ad Hoc Committee (Councilmembers Harper
and Mikos) regarding the Development Agreement , which resulted
in modified condition language to ensure clarity or developer
obligations, including intersection improvements and funding of
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Honorable City Council
November 4, 2003
Page 4
a crossing guard. These modifications will be reviewed in
detail at the public hearing.
It is proposed that the City Council conduct the public hearing,
receive public testimony, and continue the item, public hearing
open, to the meeting of December 17, 2003, to coincide with
consideration of the Development Agreement.
STAFF RECObIlrlENDATION
Open the public hearing, accept public testimony, and continue
the item, with the public hearing open, to the meeting of
December 17, 2003.
ATTACHMENTS:
1. Planning Commission August 19, 2003 Agenda Report (with
Project Exhibits and Mitigated Negative Declaration).
2. Planning Commission Resolution No. PC -2003- (see City
Council Resolutions and Ordinance for exhibits).
3. Draft Resolution adopting the Mitigated Negative
Declaration and approving General Plan Amendment No. 1998-
01.
4. Draft Resolution approving Vesting Tentative Tract Map No.
5130, and Residential Planned Development Permit No. 1998-
02.
5. Draft Ordinance Approving Zone Change 1998 -01.
000009
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: Barry K. Hogan, Community Development Direct&I"
Prepared by Scott Wolfe, Principal Planner
DATE: July 28, 2003 (PC Meeting of 8/19/03)
SUBJECT: Consider General Plan Amendment No. 98 -01, Zone Change
No. 98 -01, Tentative Tract Map No. 5130, and Residential
Planned Development Permit No. 98 -02, Located on the East
Side of Walnut Canyon Road, South of and Immediately
Adjacent to the Ventura County Waterworks District
Facilities, and Rescission of Resolution Nos. PC -2001-
408, 409 and 410, on the Application of Moorpark 150 LLC
(SunCal Companies) (APN - 512 -0- 010 -01, 05 & 06; 512 -0-
020-01 & 03; 512 -0- 030 -01 & 02; 512 -0- 040 -03, 04, 07, 13,
14 & 24; 512 -0- 050 -14 & 35)
BACKGROUND
On July 23, 2001, the Planning Commission considered a General Plan
Amendment, Zone Change, Tentative Map, and Residential Planned
Development for property located on the east side of Walnut Canyon
Road, south of and immediately adjacent to the Ventura County
Waterworks District facilities, on application filed by SunCal
Companies. The requests included a change in land use designation
from Rural Low with an overlay allowance for 154 units to Medium
Low Density (ML) residential, a change of zoning from RE -5Ac (Rural
Exclusive - 5 acre minimum lot size) to RPD -1.53 (Residential
Planned Development - 1.53 units per acre), a request to subdivide
approximately 70 acres into 107 residential lots, and a request to
build 107 single - family, detached residences. The Planning
Commission recommended approval of these requests to the City
Council. The case never proceeded for City Council consideration.
Since that time, the applicant has pursued the acquisition of
property at the northeast corner of the original subject property
in order to extend [North Hills Parkway to the east to provide
access to the project from the northerly extension of Spring Road.
The acquisition of this approximately 2.0 acres of additional
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Page 2
property has resulted in an alteration of the originally proposed
street layout, as well as, the addition of three units on a portion
of the added property. As the project has changed somewhat from
what was last reviewed by the Planning Commission, staff is
bringing the matter back for review and recommendation to the City
Council.
DISCUSSION
Project Setting
Existing Site Conditions:
The 72 acre subject property is irregularly shaped and the terrain
varies from being generally flat on the higher portions of the
property, to being very steep as the property drops into the
drainage courses, which run to the east and west, as well as,
through the center of the project site (a large ravine over 400
feet wide and about 100 feet deep with steep sides and a sandy
bottom). The upper, flat portions of the site are vegetated
primarily with non - native grasses and scattered non - native trees,
primarily California Pepper trees and Eucalyptus trees. The lower
portions of the site are also vegetated with non - native grasses,
shrubs, and trees. Stands of native trees, particularly California
Black Walnut, and other individual native species also exist on the
site.
The property is vacant, with no development having occurred in
recent years. The remnants of a paved road exist along the eastern
slope of the ravine. While this may have served as access to the
water tanks on the adjacent site to the north, there is no longer a
clear indication of purpose for this road, and it has fallen into
disrepair. Signs of disturbance of natural areas of the site
include the creation of off - highway vehicular roads across the
site, as well as, dumping and other evidence of trespass and
loitering in the ravine.
Previous Applications:
Previous applications for the subject property included Tract No.
3271. This requested Tract Map, with accompanying requests for zone
change and Planned Development permit, sought the development of 67
single- family residences on one -half acre lots, as well as, a 75
unit townhouse development. Filed with the County in August of
1979 (before the incorporation of Moorpark), it was withdrawn at
the request of the applicant, Mr. Mark Kornwasser, in June of 1980.
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Page 3
GENERAL PLAN /ZONING
Direction
General Plan
Zoning
Land Use
Site
RL /OS -2 (SP -10)
RE- 5Ac. /OS
Vacant
North
OS -1 /U
RA -10Ac.
Water Works
South
RH /H
RE- lAc. /R -1
S.F. Residential
East
SP #2
SP #2
Vacant
West
M
RE
S.F. Residential
General Plan and Zoning Consistency:
The requested General Plan Amendment would change the land use
designation from Rural Low (RL) to Medium Low Density (ML)
Residential. While the established density for the RL designation
is one unit per 5 acres, the site is identified on the General Plan
as having an overlay for a maximum of 154 units. This overlay is
due to the General Plan's identification of this site as the
location for a Specific Plan (Specific Plan Area #10). As there is
no Specific Plan being proposed for the property, it is appropriate
for the Commission to recommend the deletion of Specific Plan Area
#10 from the General Plan if the proposed project is to be
approved.
Project Summary
Tentative Tract Map No. 5130:
The modified Tentative Tract Map consists of 110 residential lots
for single - family, detached units. The lots range in size from
8,680 square feet to 15,724 square feet. The average lot size is
11,007 square feet. Building pads within the tract range from 8,100
square feet to 13,702 square feet, with the average being 10,397
square feet. A complete listing of residential lots and their
respective lot and pad areas is included as an attachment to this
report (Attachment 2F).
In addition to the residential lots, there are fifteen (15) other
lots proposed as part of this Tract Map (See Table Below). These
include private streets, open space lots, access drives, parkways,
private recreational areas and paseos within the tract.
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Page 4
Planned Development Permit No. 1998 -02:
Parcel
Proposed Use
Lot Area (acres)
1 -110
Single- family Residential
(See Attachment 2 F)
26.70
A
Canyon Open Space (Private)
15.76
B
Walnut Canyon Open Space (Private)
6.98
C
Walnut Canyon Open Space (Private)
4.67 '
D
Wicks Road Open Space (Private)
0.29
E
North Hills Parkway Future Right-
of -Way (Highway 118 Bypass)
5.05
F
Private Streets
8.26
F -1
Private Streets
1.28
G
Private Parks
0.48
H
Private Parks
0.31
I
Wicks Entry
0.30
J
Access to North Hill Parkway
0.52
K
Paseos
0.18
K -1
Paseos
0.31
L
Parkways
0.18
M
Parkways
0.18
Hwy 23 (Walnut Cyn. Rd.)Dedication
0.39
Total
71.84
Proposed Project
Architecture:
The proposed homes range in size from 2,950 to 4,425 square feet.
There are four different plans proposed, with two of the four being
one -story units, and the remaining two being two -story units. Plan
1 (a one - story, 2,950 square -foot plan) will offer three bedrooms
and two bathrooms, with an optional bonus room in place of the den.
Plan 2 (a one - story, 3,450 square -foot plan) will offer four
bedrooms and three and one -half bathrooms. Plan 3 (a two - story,
4,000 square -foot plan) will offer four bedrooms and four and one -
half bathrooms. Lastly, Plan 4 (a two -story 4,425 square -foot
plan) will also offer four bedrooms and four and one -half
bathrooms. Plans 2, 3, and 4 offer a study, and Plans 3 and 4 also
offer a bonus room upstairs. The buildings conform to the maximum
building heights within the RPD zone (the tallest unit is 31'6"
high), and the arrangement of two -story homes will be monitored to
ensure an open "feel" to the neighborhood.
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Honorable Planning Commission
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Page 5
Each of the four product types will be built with one of three
different architectural vocabularies: French Country, Craftsman,
or Prairie. Each of these vocabularies is described below:
French Country (Cottage): Elements of this theme include (1) steep
roof pitches with dormers; (2) apparently random window and door
locations; (3) vertical windows in groupings; (4) large, simple
roof planes; (5) shallow overhangs; and (6) lines extending below
windows at the second floor and to the top of windows on the first
floor.
Craftsman: Elements of this style include (1) shallow pitched
roofs with deep overhangs; (2) deep porch elements with expressive
structural components, such as square, tapered columns; (3)
expressive structural elements such as rafters, brackets, braces,
and columns; (4) a mixture of materials such as stone, shingles,
and wood siding; and (5) asymmetrical massing and window and door
compositions.
Prairie: Elements of this style include (1) low pitched hipped
roof forms with wide overhangs; (2) hipped dormers; (3) horizontal
rows of windows, some with tall casements; (4) strong horizontal
lines through masonry or siding design; (5) large square porch
supports; and (6) upper portions of windows divided into small
geometric patterns.
Each architectural style will be utilized in at least 250 of the
homes to be built. Each architectural style will have three color
schemes, especially selected to accentuate the style. Between the
variety of floor plans (4), architectural styles (3), and color
schemes (3), there will be thirty -six combinations available. Add
to this the ability to reverse floor plans to optimize placement on
a lot, and there are seventy -two (72) possible configurations of
products within a development of 110 units. This should result in
a neighborhood of compatible homes but lacking the repetition often
found in residential tract homes. Although a previous
recommendation to the City Council called for six architectural
styles, it is requested that the Planning Commission reconsider
this recommendation and require only three architectural styles.
While six styles would greatly increase the diversity of the
development, a relatively small number of units are requested and a
greater number of styles do not appear warranted. This issue is
further discussed in the Analysis section.
gothar -I-c
The project setbacks meet or exceed the current standards for
single - family, detached residential development on all of its lots.
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Page 6
Front yard setbacks are typically at the minimum of twenty feet
(20'), although there are lots with front setbacks in excess of
forty feet (40'). Side yards meet, and in some cases, exceed the
minimum setback of ten feet (10') in width. Rear yards also all
meet, and often exceed, the twenty feet (20') minimum established
by the Municipal Code.
In addition to required setbacks established by the Municipal Code,
there are additional setbacks within this project which must be
adhered to. The presence of a potentially active fault across the
property will necessitate a setback of fifty feet (50') from the
fault. This setback has been accommodated through the placement of
a street and open space /recreational areas on the fault line. In
this way, all homes meet this required setback.
Circulation:
The project's circulation system is proposed to consist of private
streets within a gated community. While meeting City street
standards, the use and maintenance of these streets would be
limited to residents and invited guests. Automatic gates would
restrict access to the project.
Access to and from the project would be primarily taken from North
Hills Parkway, a proposed arterial street along the northern
boundary of the tract, which will connect to the future extension
of Spring Street as proposed within Specific Plan No. 2. However,
as the timing of the Specific Plan No. 2 project is as yet
uncertain, an alternative access point is proposed to be
constructed along Walnut Canyon Road and utilized until such time
as the North Hill Parkway /Spring Road extensions, are complete.
Secondary, emergency access shall be taken from Wicks Road. This
issue is further discussed in the Analysis section.
Additionally, within the project area, internal pedestrian and
bicycle traffic is conveyed on sidewalks along streets and through
"paseos," which are small parcels connecting streets and
recreational facilities, such as parks or trail connections which
exist within and at the perimeter of the tract. Trail connections
will be constructed to connect this tract with the regional trail
system.
Traffic:
The traffic analysis for this project indicates that the project
will generate an average of ten (10) daily trips per dwelling unit,
totaling slightly more than 1,000 trips per day for the project.
The anticipated traffic levels in the year 2005 and the year 2015
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August 19, 2003
Page 7
(assumed regional buildout) result in adequate levels of service at
all intersections affected by this project, with or without the
development of this project.
However, the traffic study did conclude that the intersection of
Moorpark Avenue at High Street would be impacted to a Level of
Service (LOS) D in 2015 should the proposed project take access
from Walnut Canyon Road. Alternatively, the LOS for the same
intersection would be increased to LOS C if the primary access
point for the project were moved to North Hills Parkway. This
diversion of traffic flow would not adversely affect the Level of
Service for the intersections along Spring Road.
Parking:
This project will provide enclosed parking for at least three (3)
cars per unit, with additional off - street parking available in the
driveways. In addition, overflow parking can be accommodated in
the streets. This provision of parking is more than adequate for a
single - family residential development.
Landscaping:
As this project is a residential subdivision, the landscaping
within the streetscape will be typical turf and street tree
landscaping. Slopes around the project will be planted with native
hydroseed mix, while trees and shrubs will include native
varieties, as well as, ornamentals. Trees will be of varied sizes
with 650 of the trees being of the 15- gallon size, 30% being 24-
inch box sized, and 5% being 36 -inch box sized trees.
The project grading and development will result in the removal of
223 mature trees from the site. The removal of these trees will
require mitigation, both as a requirement of the suggested
environmental mitigation measures and as a requirement of the
City's Tree Ordinance (Municipal Code Chapter 12.12). The
applicant has provided the City with appraisals of all trees on the
site to be removed (estimated at a value of over $475,000), and
will be required to either pay the City the amount of lost value
for the removed trees, or spend that money on additional
landscaping (beyond that normally required) on site. The applicant
has proposed to plant over 500 trees as part of the landscape plan.
These trees include individual lot street trees, median trees,
trees on slopes both within the project and around the perimeter,
and trees for restoration of degraded habitat around the project.
000016
Honorable Planning Commission
August 19, 2003
Page 8
Site Improvements and National Pollution Discharge Elimination
Standards Requirements (NPDES):
The City Engineer has coriditioned the project to provide for all
necessary on -site and off -site storm drain improvements including
the imposition of National Pollution Discharge Elimination System
(NPDES) requirements. "Passive"' Best Management Practices Drainage
Facilities are required to be provided so that surface flows are
intercepted and treated on the surface over biofilters (grassy
swales), infiltration areas and other similar solutions.
Air Quality:
According to the 2000 Ventura County Air Quality Assessment
Guidelines, the proposed project will produce 26 pounds of NOx
daily, which is in excess of suggested 25 pound per day threshold
of significance. Air quality has been addressed as a standard
condition of approval requiring a contribution to the Moorpark
Transportation. Systems Management Fund to off -set air pollutants,
consistent with the recommendations of the 2000 Ventura County Air
Quality Assessment Guidelines.
ANALYSTS
Issues
As this project has come before the Planning Commission before, the
major issues associated with this project have been previously
discussed. Staff analysis of the proposed amended project has
identified the following areas for Planning Commission
consideration in their recommendation to the City Council:
• Primary Access Point
• Interface with Adjacent Properties
• Chancres to Previouslv Imposed Conditions
Primary Access Point:
As mentioned above, the primary access point for this tract is
proposed to be from North Hills Parkway, which will connect to the
future extension of Spring Road within the Specific Plan No. 2
project to the east. These roadways have not yet been constructed,
but construction of North Hills Parkway between the proposed
project and Spring Road would be completed by the applicant. The
construction of Spring Road is required to be completed by the
owner of Specific Plan No. 2, and as it is necessary to access the
future developments within the Specific Plan, it is anticipated in
the near future.
00001'7
Honorable Planning Commission
August 19, 2003
Page 9
While the construction of Spring Road is anticipated to be
completed prior to the completion of the subject project, this
cannot be guaranteed. Therefore, the applicant has proposed an
alternative access point, to be used temporarily until the Spring
Road extension is constructed. This access would be taken at the
west side of the project, with a driveway along the western slope
to Walnut Canyon Road. If this access is constructed and utilized,
it will be closed except for emergency access once the Spring Road
access is available.
Wicks Road is not a preferred access point, and is proposed to be
only an emergency access road, because of sight distance issues
along Walnut Canyon Road at the intersection of Wicks Road.
However, a pedestrian gate will be open at the Wicks Road access
point to permit pedestrian travel to Walnut Canyon Road, enabling
residents to walk to school, recreational facilities, and shopping
opportunities. The applicant is proposing to improve Wicks Road
with a sidewalk on the south side of the street to Walnut Canyon
Road.
Interface with Adjacent Properties:
While the project is relatively isolated from most other
development,. there are nevertheless interface issues which have
arisen, particularly as obstacles pertaining to access issues and
have been worked to resolution. The interface between roads and
properties to the north, south, east, and west are all of concern,
both to the City, as well as, adjacent property owners.
The property to the north of the project is the facility for the
Ventura County Waterworks District #1. The facility houses
maintenance and storage facilities for equipment, as well as, a
largely unimproved recreation area for District employees, and
several wireless communication facilities. In order to provide
security to the property once the proposed project is occupied, the
District is requesting that the applicant be conditioned to
construct a 6 -foot high block wall along the northern boundary of
the subject property. The requirement for this wall is included in
the special Conditions.
As discussed under Primary Access Point section above, the Wicks
Road access point will be utilized for emergency only vehicular
access, but will allow pedestrian access to and from the project.
To facilitate this access and provide safe passage to Walnut Canyon
Road, the applicant will construct street improvements including a
sidewalk along the south side of Wicks Road from the access point
to Walnut Canyon Road. Additionally, the applicant will be
Honorable Planning Commission
August 19, 2003
Page 10
conditioned to provide street improvements along Walnut Canyon Road
to the west, connecting the improvements to be installed as part of
Tract No. 5405 to the intersection at Casey Road. These
improvements will also include a sidewalk. On -site improvements
along Walnut Canyon Road will be limited to road improvements and
landscaping, without the additional dedication requirements to
accommodate sidewalks on the east side of Walnut Canyon Road.
The majority of the property to the east of the subject site
belongs to the Specific Plan No. 2 project, and is largely included
within a proposed Habitat Conservation Plan for the California
Gnatcatcher. However, a parcel of land on the east side of the
subject property, which is not within Specific Plan No. 2, has been
acquired to construct the extension of North Hills Parkway. The
property is larger than what is required for the right -of -way
improvements. The surplus property contains the Coastal Sage Scrub
habitat that is used by the Gnatcatcher. While likely too steep to
provide nesting habitat for the birds, it is nevertheless habitat
to other wildlife that can utilize it, despite its slope.
Preserved, it will also provide a buffer to the Habitat
Conservation Plan area to the east. Therefore, the applicant
intends to dedicate the remainder of the property not used for
North Hills Parkway right -of -way to the Habitat Conservation Plan
area, or to some other appropriate conservation agency for
preservation.
Changes to Previously Imposed Conditions
Staff previously brought this project to the Planning Commission in
2001, with proposed Conditions of Approval which may no longer be
necessary for this project, or which may require revision. Other
changes are typographic in nature and have been resolved in the new
draft .resolution. The two significant changes, architecture and
berming, are discussed below:
Architecture: The recommended conditions previously required six
architectural styles, with three sub - styles per style, an
architectural scheme more suited to a much larger project. A
similar condition is found on the Tract No. 5187, which contains
more than twice the number of homes proposed in this project. The
number of combinations available with the requirement for six
architectural schemes far exceeds the number of units that will be
built. It also greatly increases the costs to the applicant,
resulting in higher costs to the home purchasers. In larger
developments, these costs can be reduced or eliminated through
economies of scale. Additionally, a larger variety of styles within
a smaller development can reduce the perceived integrity of the
project.
000019
Honorable Planning Commission
August 19, 2003
Page 11
Three styles, as currently proposed by the applicant, are
appropriate for this development. With three sub - styles (varied
colors and trim), four floor plans, and "reversed" versions of
floor plans, there are seventy -two possible combinations. By
amending the condition to allow for only three styles, but keeping
the prohibitions on identical floor plans and elevations being
adjacent to each other, the project will achieve the desired
architectural diversity without excessive costs or a "disjointed"
appearance.
Berms: While not specifically included as a condition, the
previously recommended site plan included the placement of a berm
along the rear of the building pads for lots 27 through 31. This
berm would result in a retaining wall ranging in height from two
feet to five feet behind what would otherwise be view lots. The
purpose of the berm was to preserve the views of the ridgeline from
viewpoints below by hiding the homes that are to be placed there.
While this method accomplishes the screening goal, such a
requirement is typically utilized when attempting to protect a
relatively prominent and pristine ridgeline. In this case, the
ridgeline, while it may be considered prominent, is far from
pristine, with homes along Wicks Road which already impact the
viewshed far more than these proposed homes. The rear yards of the
homes are generally oriented toward the ravine on site, and the
future Habitat Conservation Area within Specific Plan No. 2.
Further, the homes adjacent to the edges are required to be single -
story plans, and therefore will be only minimally visible from
lower vantage points. The benefit to be gained from requiring the
berm is minor, and does not warrant the obstruction of the views
from the rear of the new homes. Staff is recommending that the
requirement for this berm be deleted.
Should the Planning Commission make a recommendation to the City
Council for approval of the revised project, rescission of
Resolution No. 2001 -408, Resolution No. 2001 -409 and Resolution No.
2001 -410 (Planning Commission recommendations on the original
application) would be necessary. Ail applicable recommendations
and conditions of approval for the revised project have been
included in the Draft PC Resolution (Attachment 4). Copies of
Resolution No. 2001 -408, Resolution No. 2001 -409 and Resolution No.
2001 -410 are available in the Community Development Department.
000020
Honorable Planning Commission
August 19, 2003
Page 12
FINDINGS
The following findings are offered pursuant to the requirements of
the Subdivision Map Act:
1. The proposed map would be consistent with the City of Moorpark
General Plan and Zoning Ordinance if amended by General Plan
Amendment No. 1998 -01 and Zone Change No. 1998 -01 to allow for
a density up to 1.53 units per acre.
2. The design and improvements of the proposed subdivision would
be consistent with the City of Moorpark General Plan if
amended by General Plan Amendment No. 1998 -01 and Zone Change
No. 1998 -01 to allow for a density up to 1.53 units per acre.
3. The site is physically suitable for the type of development
proposed in that the site can be engineered to allow for all
required utilities to be brought to the site, adequate ingress
and egress can be obtained, and the site can be provided with
public and emergency services.
4. The site is physically suitable for the proposed density of
development, in that all City Development standards would be
met by the proposed project.
5. The design of the subdivision and the proposed improvements
are not likely to cause substantial environmental damage, in
that all potential impacts would be mitigated through project
design or conditions.
6. The design of the subdivision and the type of improvements are
not likely to cause serious public health problems, in that
adequate sanitation is both feasible and required as a
condition of this development.
7. The design of the subdivision and the type of improvements
will not conflict with easements acquired by the public at
large, for access through, or use of the property within the
proposed subdivision, in that easements for the widening of
Walnut Canyon Road have been identified and incorporated in
the design of this project.
8. There will be no discharge of waste from the proposed
subdivision into an existing community sewer system in
violation of existing water quality control requirements under
Water Code Section 13000 et seq.
9. The proposed subdivision does not contain or front upon any
public waterway, river, stream, coastline, shoreline, lake, or
reservoir as defined in California Government Code Section
66478.1 et seq.
000021L
Honorable Planning Commission
August 19, 2003
Page 13
The following findings are offered for the Residential Planned
Development Permit:
1. The proposed project is consistent with the intent and
provisions of the City's General Plan and Zoning Ordinance, in
that the proposed project will provide for the orderly
development of land identified in the City's General Plan and
Zoning Ordinance as appropriate for residential development.
2. The proposed project is compatible with the character of
surrounding development, in that the surrounding development
will include a variety of single- family, detached homes.
3. The proposed project would not be obnoxious or harmful, or
impair the utility of neighboring property or uses, in that
the use proposed is similar to uses existing or proposed to
the east, south, and west, and access to or utility of those
adjacent uses are not hindered by this project.
4. The proposed project would not be detrimental to the public
interest, health, safety, convenience, or welfare, in that
adequate provision of public access, sanitary services, and
emergency services have been ensured in the processing of this
request.
S. The proposed project is compatible with existing and planned
land uses in the general area where the development is to be
located, in that the existing and planned land uses in the
general area are generally single - family, detached residential
uses. The nearby Waterworks District facility is isolated
from this project by the proposed North Hills Parkway and will
neither affect, nor be adversely affected by, this
development, as conditioned.
6. The proposed project is compatible with the scale, visual
character and design of the surrounding properties, designed
so as to enhance the physical and visual quality of the
community, and the structure(s) have design features which
provide visual relief and separation between land uses of
conflicting character, in that the proposed project complies
with all development standards of the Moorpark Municipal Code,
and the development will utilize high quality architectural
materials and treatments to enhance the visual appeal of the
structures to be constructed.
PROCESSING TIME LIMITS
Time limits have been established for the processing of development
projects under the Permit Streamlining Act (Government Code Title
7, Division 1, Chapter 4.5), the Subdivision Map Act (Government
000022
Honorable Planning Commission
August 19, 2003
Page 14
Code Title 7, Division 2), and the California Environmental Quality
Act Statutes and Guidelines (Public Resources Code Division 13, and
California Code of Regulations, Title 14, Chapter 3). However, in
this case, there are legislative acts (General Plan Amendment and
Zone Change) being considered in conjunction with the entitlements.
Therefore, there are no time limits for processing under the above -
mentioned statutes so long as the entire package presented is acted
upon at one time.
ENVIRONMENTAL DETERMINATION
In accordance with the City's environmental review procedures
adopted by resolution, the Community Development Director
determines the level of review necessary for a project to comply
with the California Environmental Quality Act (CEQA) . Some
projects may be exempt from review based upon a specific category
listed in CEQA. Other projects may be exempt under a general rule
that environmental review is not necessary where it can be
determined that there would be no possibility of significant effect
upon the environment. A project which does not qualify for an
exemption requires the preparation of an Initial Study to assess
the level of potential environmental impacts.
Based upon the results of an Initial Study, the Director may
determine that a project will not have 'a significant effect upon
the environment. In such a case, a Notice of Intent to Adopt a
Negative Declaration or a Mitigated Negative Declaration is
prepared. For many projects, a Negative Declaration or Mitigated
Negative Declaration will prove to be sufficient environmental
documentation. If the Director determines that a project has the
potential for significant adverse impacts and adequate mitigation
can not be readily identified, an Environmental Impact Report (EIR)
is prepared.
The Director has prepared or supervised the preparation of an
Initial Study to assess the potential significant impacts of this
project. Based upon the Initial Study, the Director has determined
that there is no substantial evidence that the project or any of
its aspects may cause a significant effect on the environment and
has prepared a Mitigated Negative Declaration for Planning
Commission review and consideration before making a recommendation
on the project.
STAFF RECObRAENDATIONS
1. Open the public hearing, accept public testimony and close the
public hearing.
000023
Honorable Planning Commission
August 19, 2003
Page 15
2. Adopt Resolution No. PC -2003- recommending to the City
Council adoption of the Mitigated Negative Declaration;
approval of General Plan Amendment 1998 -01, Zone Change 1998-
01, Residential Planned Development Permit No. 1998 -02 and
Tentative Tract Map No. 5130 with recommended Conditions of
Approval; and rescission of Resolution No. PC- 2001 -408,
Resolution No. PC -2001 -409, Resolution No. PC- 2001 -410 in
their entirety.
ATTACHMENTS:
1. Location Map
2. Project Exhibits
A. Vesting Tentative Tract Map (Sheets 1 &2)
B. Site Plan (Sheets 1 &2)
C. Street Exhibit - Walnut Canyon Road
D. Street Exhibit - North Hills Parkway
E. Street Exhibit - Wicks Road
F. Lot /Pad Area Table
3. Initial Study and Mitigated Negative Declaration
4. Draft PC Resolution with Conditions of Approval
000024
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Location: East of Walnut Cany.n Road
and North of Wicks Road
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Tract 5130
Lot/ Pad Areas
Lot #
Lot #
Lot Area
Pad Area
(sq. ft.)
11,217
1
12,265
13,597
10,495
2
1 3,022
12,874
43
3
13,247
11,360
9,666
4
11,507
8,470
8,885
5
10,846
8,700.
47
6
10,800
9,487
8,807
7
10,882
9,111
8,825
8
10,588
8,768
51
9
12,171
10,171
_
12,456
10
11,843
10,547
11
12,562
12,653
12
9,918
8,992
13
9,208
9,290
14
10,038
10,111
15
12,699
11,961
16
11,154
11,366
17
10,371
10,447
!L410,555
61
9,771
8,477
9,378
9,460
20
19,375
9,457
21
9,372
9,454
22
10,417
10,621
23
11,599
11,673
24
12,058
12,154
25
9,946
9,825
26
11,212
11,070
27
1 4,787
13,451
28
14,734
12,957
29
14,605
13,431
30
12,299
12,265
31
10,926
10,448
32
13,601
12,119
33
10,338
9,583
34
10,413
10,611
35
13,813
12,472
36
13,701
1 2,198
37
15,724
10,987
38
11,108
10,886
39
10,352
10,166
Tract 5130
Lot/ Pad Areas
Lot #
Lot Area
(sq. ft.)
Pad Area
(sq. ft.)
40
11,217
11,043
41
1 2,637
10,495
42
10,196
9,783
43
9,835
9,923
44
9,666
9,755
45
8,680
8,885
46
8,761
8,983
47
8,937
9,020
48
8,807
8,894
49
9,330
8,825
50
13,130
13,335
51
12,330
12,411
52
_
12,456
12,536
53
11,542
10,001
54
11,767
10,169
55
15,149
13,428
56
10,540
8,839
57
10,587
8,596
_
58
10,965
9,692
59
10,707
8,100
60
10,578
9,434
61
10,740
8,477
62
9,942
9,814
63
8,938
8,297
64
9,047
9,350
65
9,265
9,350
66
8,938
9,020
67
8,938
9,020
68
13,461
13,561
69
10,048
10,916
70
9,592
9,740
71
9,459
9,538
72
9,081
9,164
73
10,177
9,358
74
11,693
11,799
75
11,578
11,682
76
13,430 1
13,702
77
1 0,645
11,257
78
9,429
8,899
Lot #
Lot Area
(sq. ft.)
Pad Area
(sq. ft.)
79
10,004
10,080
80
10,105
10,181
81
9,527
9,606
82
9,762
9,850
83
9,983
10,072
84
9,655
9,714
85
9,797
9,481
86
10,783
10,169
87
1 1,044
9,574
88
10,242
9,281
89
9,758
9,865
90
12,588
11,396
91
12,258
11,388
92
12,051
11,072
93
12,395
123300
94
10,051
12,750
95
9,854
9,264
96
9,020
9,264
97
12,880
12,024
98
13,370
13,439
99
10,946
9,687
100
10,998
9,453
101
11,304
9,558
102
11,974
8,780
103
12,060
9,396
104
11,296
9,175
105
9,299
9,299
106
9,020
9,020
107
9,730
9,328
108
11,592
10,500
109
9,653
9,400
110
1 3,304
12,500
000033
CITY OF MOORPARK INITIAL STUDY
799 MOORPARK AVENUE
MOORPARK, CA 93021
(805) 517 -6200
Project Project 1: The Vistas Case No.: Project 1: GPA 98 -01, Zone
Title: Project 2: North Hills Parkway Extension Change 98 -01, TTM 5130, RPD 98-
02, Dev. Agreement
Project 2: No Case #
Contact Person and Phone No.: Scott Wolfe, Principal Planner (805) 517 -6236
Name of Applicants: (1) Suncal Companies and (2) City of Moorpark
Address and Phone No.: (1) 21900 Burbank Blvd. Ste.114 (2) 799 Moorpark Avenue
Woodland Hills, CA 91367 Moorpark, CA 93021
(818) 348 -3033 (805) 517 -6236
Project Location: West side of Walnut Canyon Road, 2600 feet north of Casey Road
General Plan Designation: RL (Rural Low) Zoning: RE -5ac. (Rural Exclusive - 5
Acre Minimum Lot Size)
Project Description: This initial study describes two projects which, while separate projects, are adjacent and have impacts
which should be evaluated in light of both projects. The two projects are a proposed subdivision with
accompanying enabling actions and entitlements (Project 1), and a proposed road extension (Project 2).
For the purposes of the accompanying checklists, where project impacts differ, Project 1 impacts will be
designated with "X'" and Project 2 impacts with "XZ." Where both projects share the same level of impact,
that level of impact will be designated with "X."
PROJECT 1
The project consists of requests for 1) a General Plan Amendment from Rural Low with an overlay
allowance for 154 units to Rural High, 2) a Zone Change from RE -5Ac (Rural Exclusive — 5 acre minimum
lot size) to RPD -1.53 (Residential Planned Development —1.53 units per acre), and 3) a Tentative Tract
Map and Residential Planned Development Permit to subdivide approximately 72 acres into 110 lots and
construct 110 single family detached residences. The project proposes to utilize Walnut Canyon Road as
a primary access point, until an alternative access point via a connection to Spring Road (see Project 2,
below) is completed, at which time the Walnut Canyon access point will revert to "emergency access
only." Wicks Road will serve as a secondary access point in the case of both alternatives.
PROJECT2
The proposed road project will connect two proposed developments along the Highway 118 right -of -way.
The development on the west is Tract No. 5130 (Project 1 described above) and the parcel on the east is
the Moorpark Highlands Specific Plan project. The properties between the two projects have been
acquired to complete this proposed road extension project. This connector road is located along the same
alignment as the Highway 118 bypass as defined in the City of Moorpark Circulation Element and Caltrans
long range development plans. Right of way has been acquired across the Specific Plan No 2 project
area as well as across ether properties along its ultimate path.
1
000034
Surrounding Land Uses and Setting:
North: Ventura County Waterworks Facilities
South: Existing Residential Neighborhood
East: Vacant Land —Approved Specific Plan #2
West: Walnut Canyon Road & Existing Residential Neighborhood
Responsible and Trustee Agencies: None
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a
Potentially Significant Impact" or "Less Than Si nificant With Mitigation," as indicated by the checklist on the following pages.
X' Aesthetics Agricultural Resources Air Quality
X Biological Resources Cultural Resources X Geology /Soils
X Hazards and Hazardous Materials X Hydrology/Water Quality Land Use /Planning
Mineral Resources X Noise Population!Housing
Public Services Recreation X Transportation[Traffic
Utilities /Service Systems X Mandatory Findings of Significance None
DETERMINATION: On the basis of this initial evaluation, I find that although the proposed project could have a
significant effect on the environment, there will not be a significant effect in this case because revisions in the project
have been made by or agreed to by the project applicant_ Mitigation measures described on the attached Exhibit 1 have
been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared.
Prepared by: /,% - �'/� Reviewer
Date:
2
0000 ,35
INITIAL STUDY EXHIBIT 1:
MITIGATED NEGATIVE DECLARATION
MITIGATION MEASURES AND
MONITORING AND REPORTING PROGRAM
PROJECT 1:
The applicant shall submit lighting plans to the City of Moorpark and reviewed for consistency with
Chapter 17.30 of the Moorpark Municipal Code. Where residences or accessory uses occur
adjacent to natural areas, lighting shall be designed and placed to avoid spillage of light outside of
the immediate area intended to be lit_
Monitoring Action: Review of Plans
Timing: Prior to issuance of Building Permits
Responsibility: Department of Community Development
2. The applicant shall contribute $15,000 towards the City's sensitive species research program
(established as a component of the mitigation plan for the Moorpark Country Club Estates project).
Monitoring Action: Acceptance of Funds
Timing: Prior to Grading Permit
Responsibility. Department of Community Development
3. Prior to grading or site preparation activities that would occur during the nesting/breeding season of
the native bird species potentially nesting on the site (typically February through August), the
applicant shall have a field survey conducted by a qualified biologist to determine if active nests of
bird species protected by the Migratory Bird Treaty Act and /or the California Fish and Game Code
are present in the construction zone or within 100 feet (200 feet for raptors) of the construction
zone. If active nests are found, a minimum 50 foot (this distance may be greater depending on the
bird species and construction activity, as determined by the biologist) fence barrier shall be erected
around the nest site and clearing and construction within the fenced area shall be postponed or
halted, at the discretion of the biological monitor, until the nest is vacated and juveniles have
fledged, as determined by the biologist, and there is no evidence of a second attempt at nesting.
The biologist shall serve as a construction monitor during those periods when construction activities
will occur near active nest areas to ensure that no inadvertent impacts on these nests will occur.
Monitoring Action: Review of Biologist's Report
Timing: Prior to Grading permit or site preparation approval
Responsibility. Department of Community Development
Prior to issuance of grading permits, the applicant shall develop a proposed habitat restoration plan
to ensure compensation for the loss of native habitats that will occur from project development.
The habitat restoration plan shall emphasize the selective use of purple needle grass (Stipa
pulchra) and other native grasses in the landscape plan for the property. The plan shall also
require, subject to approval of the Fire Department, the use of native plants common to Venturan
Coastal Sage Scrub (e.g. Salvia apiana, Salvia leucophylla, Artemisia californica, Rhus integrifolia,
Eriogonum fasciculatum, Encelia californica) in upland areas surrounding the project that are
disturbed as a result of project development (geologic remediation, construction of fire access
roads, etc.). The applicant shall also fund a program to provide an enhanced riparian canopy within
and around the proposed detention basin consistent with requirements of the Department of Fish
and Game and Army Corps of Engineers. The restoration shall be performed in accordance with
current best available restoration practices. The applicant (or a designee) shall be responsible for
3 �000300003t;
maintaining the restoration areas for a period of three years or until the native grasses, riparian
corridor, and perimeter plantings are successfully established.
Monitoring Action: Review and approval of Plan
Timing: Prior to Grading permit or site preparation approval
Responsibility: Department of Community Development
The applicant shall fund a $25,000 contribution and participate in the Venturan Coastal Sage Scrub
Community research program initiated as a Mitigation Measure for the Moorpark Country Club
Estates project. The purposes of this program shall be to accurately map the remaining distribution
of this community, to study its soil requirements, plant ecology, and wildlife associations, to provide
management advice on the community for agencies and private individuals, to raise funds for the
purpose of acquiring lands where relict stands of the community exist, and to provide guidance on
restoration or propagation of the community.
Monitoring Action: Acceptance of Funds
Timing: Prior to Grading Permit
Responsibility: Department of Community Development
6. Prior to issuance of grading permits, the applicant shall submit, for the approval of the Director of
Community Development, a Habitat Enhancement Plan which shall be integrated into the
Landscape Plan for the project. The intent of the Plan is to protect on -site natural systems, trees
and resources and to devise methods for integrating planting suitable for recreational activities into
the Landscape Plan. The Plan shall also provide guidance regarding revegetation of
wetland /riparian areas that will be disturbed by construction. The advice provided in this Plan shall
apply to all existing or created on -site oak woodlands, riparian areas, detention basins and fuel
modification zones. The purpose of this plan shall be to increase the biological carrying capacity of
these areas.
Monitoring Action: Approval of Plan
Timing: Prior to issuance of grading permits
Responsibility: Department of Community Development
7. The applicant shall ensure that the disturbed (ruderal) vegetation zones within the conservation
easement/conservation dedication area is cleaned up and, to the degree feasible, restored to a
state similar to dominant surrounding native habitats.
Monitoring Action: Physical Inspection
Timing: Prior to Occupancy of Units
Responsibility: Department of Community Development
8. The applicant shall use native plants in the restoration of areas disturbed by the construction of the
project. The City shall monitor the use of native plants through review and approval of all project
landscape plans.
Monitoring Action: Approval of Landscape Plans /Physical Inspection
Timing: Prior to Building Permits
Responsibility: Department of Community Development
The permanent removal of approximately 40 trees shall be replaced by the applicant at a 10:1
mitigation ratio by planting 400 California walnut trees in the private open space area. This tree
may also be used as one of several screening trees around the southern perimeter of the
development. Pepper trees (Schinus molle) shall not be used in the tree planting program. The
trees should be plantedsiominantly within the upland areas above the detention basin _in_private
4 000037
open space. Field research shall be conducted by a qualified landscape architect to determine
whether soils, drainage, and compaction of the soil are suitable for survival of the species in all
areas where restoration is planned. To ensure maximum survival rates, these replacement trees
shall be limited to one gallon specimens. If possible, replacement plantings shall be derived from
locally harvested native walnuts in the upper reaches of Walnut Canyon. Otherwise, if nursery
stock is used for restoration, no grafted stock shall be permitted.
Monitoring Action: Approval of Landscape Plans /Physical Inspection
Timing: Prior to Occupancy of Units
Responsibility: Department of Community Development
10. Prior to approval of the Final Map or issuance of the final, precise grading plan, whichever is sooner,
the applicant shall establish an artificial freshwater spring within the private open space area in a
location that will provide the maximum potential for long -term use by native wildlife. This spring is
designed to replace regionally available water sources that have been destroyed by cumulative
development. The location of these artificial springs shall be designated by a qualified vertebrate
biologist and botanist or appropriate landscape professional. The spring shall not be placed within
400 feet of any existing or proposed trail. The artificial spring shall be maintained to provide year
round low flows in volumes similar to existing springs in the Walnut Canyon area. The spring shall
be vegetated with native riparian plants, and shall include at least two 24 -inch box Alders (Alnus
rhombifolia), five 24 -inch box Sycamores (Piatanus racemosa), two 15- gallon Cottonwood (Populus
fremontii), three 15- gallon Arroyo Willow (Salix lasiolepis), four 24 -inch box Elderberry (Sambucus
mexicana), and five 24 gallon Live Oak (Quercus agrifolia). A long term supply of water shall be
provided to assure the perpetuity of the plants. Adequate root guard protection shall be provided to
reduce mortality from rodent activity. The project Homeowners Association shall be responsible for
the long term maintenance of the artificial spring as a component of the private open space
program.
Monitoring Action: Approval of Landscape Plans /Physical Inspection
Timing: Prior to Final Map or issuance of precise grading plan, whichever is
sooner
Responsibility: Department of Community Development
11. The applicant shall contribute $30,000 to funding endangered wildlife species breeding, predator
trapping, or other support programs undertaken by the U.S. Fish and Wildlife Service or by
appropriate private conservation institutions actively seeking to restore the status, range, or
abundance of any rare, special interest, or endangered species that have occurred or have the
potential to occur within the project boundary. This contribution shall be coordinated with the US
Fish and Wildlife Service. Evidence of contribution approved by the Service shall be presented to
the City prior to the issuance of building permits. Funding shall be established by preparation of a
research design in consultation with the Fish and Wildlife Service and the City.
Monitoring Action: Acceptance of Funds
Timing: Prior to Grading Permits
Responsibility: Department of Community Development
12. Prior to the issuance of any grading permit or clear and grub activities not covered by the City's
grading ordinance, the applicant shall obtain a Clean Water Act Section 401 certification, and
Section 404 permit, as required by the Regional Water Quality Control Board and the Army Corps
of Engineers. Additionally, a Section 1603 Streambed Alteration Agreement shall be entered into
with the California Department of Fish and Game. All conditions of these approvals shall be
adhered to.
Monitoring Action: Review of State and Federal Approvals
Timing: Prior to Grading Permits
Responsibility: Department of Community Development
5 000038
13. A Tree Removal Permit from the City shall be obtained by the applicant prior to removal of trees that
meet the native oak and mature tree criteria within the City's tree ordinance (Chapter 12.12).
Permits for tree removal shall not be issued until (or unless) the project has been approved by the
City. The loss of all trees shall be replaced consistent with the Chapter 12.12.
Monitoring Action: Issuance of Tree Permit
Timing: Prior to issuance of grading permits
Responsibility: Department of Community Development
14. Prior to the issuance of grading permits the applicant shall submit a trail plan showing the design
and extent of the proposed trail system. The trail system shall not be extended beyond the limits of
the approved design, which shall link with surrounding subdivisions and the regional trail system.
Signs shall designate the trails and shall prohibit motorized vehicle use.
Monitoring Action: Review of Plans /Physical Inspection
Timing: Prior to Grading Permits
Responsibility: Department of Community Development
15. Prior to the issuance of grading permits and coincident with grading activities, the proposed project
boundary shall be fenced to minimize intrusions by non - residents. A minimally designated trail
system shall be devised for the open space area which, to the extent feasible, avoids or minimizes
impacts to stands of native vegetation. The design of the trail system shall preserve, to the extent
feasible, tracts of Venturan Coastal Sage Scrub to enhance the potential value for wildlife. All
motorized vehicles shall be prohibited from entering the private open space conservation area.
Prior to the approval of the Final Vesting Map, the site plan shall be revised to include the dedicated
trail alignment across the open space. The trail system shall be constructed as a minor multi -use
trail and access to the area shall otherwise be restricted. The trail system shall be completed prior
to occupancy.
Monitoring Action: Review of Final Map for trail inclusion and physical inspection for
fencing and trail construction
Timing: Prior to approval of the Final Map and prior to the issuance of Grading
Permits
Responsibility: Department of Community Development
16. Off road vehicle use on property within the project boundaries shall be prohibited (except upon
approved private streets and maintenance roads). The CC &R's for this project shall specify fines
for unauthorized use of off -road vehicles.
Monitoring Action: Physical Inspection
Timing: Prior to Final Map
Responsibility: Department of Community Development
17. Perimeter fencing shall be provided by the applicant in areas where future residents could obtain
access to surrounding private lands
Monitoring Action: Physical Inspection
Timing: Prior to Occupancy of Units
Responsibility. Department of Community Development
18. An archeological monitor shall be employed by the applicant during each phase of grading to
monitor initial grading for items of archeological significance. The monitor shall have the authority
to stop grading activity in a given area to allow sufficient time for the collection and evaluation of
artifacts.
Monitoring Action: Physical Inspection
Timing: During Grading
- Responsibility: Department of Community-Development
6 000039
19. Appropriate design of both grading and structures shall be implemented to reduce risks associated
with seismic shaking to the standards established by the most recently adopted Uniform Building
Code and to the satisfaction of the City Engineer and City Building Official. Additional studies shall
be performed by the applicant as required to enable the determination of appropriate standards of
grading and construction.
Monitoring Action: Review of Plans /Physical Inspection
Timing: Prior to Occupancy
Responsibility: City Engineer /City Building Official
20. Landslides shall be removed and re- compacted by the applicant during the grading process to the
satisfaction of the City Engineer.
Monitoring Action: City Engineer to review plans for compliance /Physical Inspection
Timing: Prior to issuance of grading certifications
Responsibility: City Engineer
21. An engineering geologist shall be retained on site by the applicant to evaluate any previously
unknown fault traces for recent activity (within the past 11,000 years). Any faults or traces shall be
mapped according to currently accepted industry practice. No structures shall be allowed within 50
feet of an active fault or trace. Structures placed near inactive faults or traces shall be designed to
meet the structural standards of the Uniform Building Code which address the demands of ground
shaking and the associated secondary ground movement along the inactive fault or trace.
Monitoring Action: City Engineer to review plans for compliance /Physical Inspection
Timing: Prior to issuance of grading permit
Responsibility. City Engineer
22. Appropriate design of both grading and structures shall be implemented to reduce risks associated
with landslides, expansive soils, liquefaction and subsidence to the standards established by the
most recently adopted Uniform Building Code and to the satisfaction of the City Engineer and City
Building Official. Additional studies shall be performed by the applicant as required to enable the
determination of appropriate standards of grading and construction.
Monitoring Action: City Engineer to review plans for compliance /Physical Inspection
Timing: Prior to issuance of grading permit
Responsibility: City Engineer /City Building Official
23. The project shall incorporate all requirements of the Ventura County Fire Department Standard
Conditions.
Monitoring Action: Review of Plans /Physical Inspection
Timing: Prior to Occupancy of Units
Responsibility. Fire Department
24. All drainage facilities shall be constructed to accommodate the runoff volumes required to avoid off -
site impacts, to the satisfaction of the City Engineer. These volumes shall include the anticipated
additional runoff from project 2. The applicant shall ensure that all drainage facilities, detention
facilities, and NPDES facilities employ appropriate Best Management Practices, to the satisfaction
of the City Engineer.
Monitoring Action:
Timing:
Responsibility:
Review of Plans
Prior to Grading Permits
City Engineer
25. The applicant shall designate a parking area for all construction employees on site, as well as for
the staging of construction equipment. The location of this area shall be away from existing
residential structures, to the satisfaction of the Community Development Director.
7 000040
Monitoring Action: Review of Plans
Timing: Prior to issuance of grading permits
Responsibility: Department of Community Development
26. The applicant shall develop construction and grading activity schedules, which shall be delivered to
each surrounding and area residence prior to the beginning of each phase of grading or
construction. This schedule shall include a verbatim quote of the City's regulations with regard to
construction times, as set forth in the City's Noise Ordinance. All construction and grading activities
shall adhere to the City's Noise Ordinance requirements.
Monitoring Action: Receipt of notice and proof of mailing
Timing: Prior to grading phase commencement
Responsibility: City Engineer
27. At such time as Spring Road is extended to connect to the roadway to be constructed in Project 2,
the primary access to Walnut Canyon Road shall be closed and shall be utilized as an emergency
access point only. The primary access point shall be North Hills Parkway leading to the Spring
Road extension.
Monitoring Action: Review of Plans
Timing: 90 Days after Spring Road Construction
Responsibility: Department of Community Development
28. The applicant shall improve the portions of Walnut Canyon Road which front on the subject property
to the satisfaction of the City Engineer and the California Department of Transportation.
Monitoring Action: Physical Inspection
Timing: Prior to occupancy of units
Responsibility: City Engineer
29. The applicant shall implement traffic calming measures, to include the installation of necessary
devices, on Walnut Canyon Road to the satisfaction of the City Engineer. These measures and /or
devices shall be designed to increase the safety of ingress to and egress from the project site at the
temporary project access point on Walnut Canyon, and at the intersection of Wicks Road and
Walnut Canyon Road, the project's secondary access point.
Monitoring Action: Review of Plans /Physical Inspection
Timing: Prior to Occupancy of Units
Responsibility: City Engineer
AGREEMENT TO PROPOSED MITIGATION MEASURES AND
MONITORING AND REPORTING PROGRAM
In accordance with the CEQA Guidelines Section 15070 (California Code of Regulations Title 14, Chapter 3,
Article 6), this agreement must be signed prior to release of the Mitigated Negative Declaration for public
review.
1, THE UNDERSIGNED PROJECT APPLICANT, HEREBY AGREE TO MODIFY THE PROJECT DESIGN,
CONSTRUCTION OR OPERATION AS NECESSARY TO INCLUDE ALL OF THE ABOVE- LiSTED
MITIGATION MEASURES IN THE PROJECT.
r`1
Z
Signature of Project Applicant
Dati
000041
INITIAL STUDY EXHIBIT 2:
MITIGATED NEGATIVE DECLARATION
MITIGATION MEASURES AND
MONITORING AND REPORTING PROGRAM
PROJECT 2:
Lighting plans shall be submitted to the City of Moorpark and reviewed for consistency with Chapter
17.30 of the Moorpark Municipal Code. Light fixtures shall be appropriately shielded to avoid the
spillage of light outside the area intended to be lit.
Monitoring Action: Review of Lighting Plans /Physical Inspection
Timing: Prior to issuance of Building Permits
Responsibility. Department of Community Development
The applicant shall revegetate all exposed slopes with coastal sage scrub plant species found within
the project vicinity to mitigate for the loss of the 1.7 acres of coastal sage scrub habitat.
Revegetation of the exposed areas will allow any of these special status species of birds to utilize
the site. A qualified botanist who is an expert on coastal sage scrub_ habitats will prepare a Habitat
Mitigation Planting Plan for the exposed slopes. This Habitat Mitigation Planting Plan will be
incorporated into the Landscape Plans for the North Hills Parkway Road Extension.
Implementation of this Habitat Mitigation Planting Plan will result in reducing impacts to special
status species to less than significant.
Monitoring Action: Review of Landscape Plans/ Physical Inspection
Timing: Prior to issuance of grading permits /Prior to Occupancy of Units
Responsibility: Department of Community Development
The applicant shall pay off -site in lieu fees to an acceptable mitigation program to mitigate for the
loss of riparian habitat. The regulatory agencies will need to approve the off -site mitigation.
Monitoring Action: Review DFG /ACOE approvals
Timing: Prior to Grading Permit
Responsibility: Department of Community Development
4. Mitigation shall be accomplished by the method prescribed in the Moorpark Municipal Code Chapter
12.12. Trees upon the proposed landscape plans shall be upgraded in size so that the increased
costs of the trees is equal to the value of the trees to be removed, as determined in the tree report
appraisals conducted by the applicant.
Monitoring Action: Review of Landscape Plans /Acceptance of Fees /Physical Inspection
Timing: Prior to Occupancy of Units
Responsibility: Department of Community Development
An archeological monitor shall be employed during each phase of grading to monitor initial grading
for items of archeological significance. Controlled demolitions shall be undertaken at the direction
of the archeological monitor. The monitor shall have the authority to stop grading activity in a given
area to allow sufficient time for the collection and evaluation of artifacts.
Monitoring Action: Physical Inspection
Timing: During Grading
Responsibility: Department of Community Development
The applicant shall implement appropriate design of grading to reduce risks associated with seismic
shaking to the standards established by the most recently adopted Uniform Building Code and to
9 000042
the satisfaction of the City Engineer and City Building Official. Additional studies shall be performed
as required to enable the determination of appropriate standards of grading and construction.
Monitoring Action: Physical Inspection
Timing: Prior to Occupancy of Units
Responsibility: Department of Community Development
The applicant shall implement appropriate design of grading structures to reduce risks associated
with landslides, expansive soils, liquefaction and subsidence to the standards established by the
most recently adopted Uniform Building Code and to the satisfaction of the City Engineer and City
Building Official. Additional studies shall be performed as required to enable the determination of
appropriate standards of grading and construction.
Monitoring Action: Review of Plans
Timing: Prior to issuance of grading permits
Responsibility: City Engineer /Chief Building Official
AGREEMENT TO PROPOSED MITIGATION MEASURES AND
MONITORING AND REPORTING PROGRAM
In accordance with the CEQA Guidelines Section 15070 (California Code of Regulations Title 14, Chapter 3,
Article 6), this agreement must be signed prior to release of the Mitigated Negative Declaration for public
review.
I, THE UNDERSIGNED PROJECT APPLICANT, HEREBY AGREE TO MODIFY THE PROJECT DESIGN,
CONSTRUCTION OR OPERATION AS NECESSARY TO INCLUDE ALL OF THE ABOVE - LISTED
MITIGATION MEASURES IN THE PROJECT.
Signature Project Applic pt Date r
10 000043
4) Create a new source of substantial light or glare which
would adversely affect day or nighttime views in the
area?
Response: Project 1: This project will involve the construction of residences and accompanying
infrastructure, including street lighting. Lighting from street lights, residences and accessory
uses may create light or glare which could potentially impact nighttime views from other
residences and from natural areas in the vicinity.
Project 2: This project will involve the construction of a roadway and accompanying
improvements, including street lighting, which may create light or glare which could potentially
impact nighttime views from other residences and from natural areas in the vicinity.
Sources: Site Plan, Project Application, 3,7
Mitigation: Project 1: Lighting plans shall be submitted to the City of Moorpark and reviewed for
consistency with Chapter 17.30 of the Moorpark Municipal Code. Where residences or
accessory uses occur adjacent to natural areas, lighting shall be designed and placed to
avoid spillage of light outside of the immediate area intended to be lit.
Project 2: Lighting plans shall be submitted to the City of Moorpark and reviewed for
consistency with Chapter 17.30 of the Moorpark Municipal Code. Light fixtures shall be
appropriately shielded to avoid the spillage of light outside the area intended to be lit.
B. AGRICULTURE RESOURCES — In determining whether impacts to agricultural resources are
significant environmental effects, the City of Moorpark may refer to the California Agricultural Land
Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an
optional model to use in assessing impacts on agriculture and farmland. Would the project:
1) Convert Prime Farmland, Unique Farmland, or Farmland
of Statewide Importance (Farmland), as shown on
maps prepared pursuant to the Farmland Mapping and
Monitoring Program of the California Resources
agency, to non - agricultural use?
2) Conflict with existing zoning for agricultural use, or a
Williamson Act contract?
3) Involve other changes in the existing environment which,
due to their location or nature, could result in
conversion of Farmland, to non - agricultural use?
Response: These projects do not affect agricultural resources.
Sources: 2,7
Mitigation—. None Required.
X
11
00®044
Less Than
Potentially
Significant Less Than
Significant
With Significant No
Impact
Mitigation Impact Impact
A. AESTHETICS — Would the project:
1) Have a substantial adverse effect on a scenic vista?
X
2) Substantially damage scenic resources, including, but
X
not limited to, trees, rock outcroppings, and historic
buildings within a state scenic highway?
3) Substantially degrade the existing visual character or
X
quality of the site and its surroundings?
4) Create a new source of substantial light or glare which
would adversely affect day or nighttime views in the
area?
Response: Project 1: This project will involve the construction of residences and accompanying
infrastructure, including street lighting. Lighting from street lights, residences and accessory
uses may create light or glare which could potentially impact nighttime views from other
residences and from natural areas in the vicinity.
Project 2: This project will involve the construction of a roadway and accompanying
improvements, including street lighting, which may create light or glare which could potentially
impact nighttime views from other residences and from natural areas in the vicinity.
Sources: Site Plan, Project Application, 3,7
Mitigation: Project 1: Lighting plans shall be submitted to the City of Moorpark and reviewed for
consistency with Chapter 17.30 of the Moorpark Municipal Code. Where residences or
accessory uses occur adjacent to natural areas, lighting shall be designed and placed to
avoid spillage of light outside of the immediate area intended to be lit.
Project 2: Lighting plans shall be submitted to the City of Moorpark and reviewed for
consistency with Chapter 17.30 of the Moorpark Municipal Code. Light fixtures shall be
appropriately shielded to avoid the spillage of light outside the area intended to be lit.
B. AGRICULTURE RESOURCES — In determining whether impacts to agricultural resources are
significant environmental effects, the City of Moorpark may refer to the California Agricultural Land
Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an
optional model to use in assessing impacts on agriculture and farmland. Would the project:
1) Convert Prime Farmland, Unique Farmland, or Farmland
of Statewide Importance (Farmland), as shown on
maps prepared pursuant to the Farmland Mapping and
Monitoring Program of the California Resources
agency, to non - agricultural use?
2) Conflict with existing zoning for agricultural use, or a
Williamson Act contract?
3) Involve other changes in the existing environment which,
due to their location or nature, could result in
conversion of Farmland, to non - agricultural use?
Response: These projects do not affect agricultural resources.
Sources: 2,7
Mitigation—. None Required.
X
11
00®044
Less Than
Potentially Significant Less Than
Significant With Significant No
Impact Mitigation _ impact Impact
C. AIR QUALITY — Would the project:
1) Conflict with or obstruct implementation of the applicable X
air quality plan?
2) Violate any air quality standard or contribute X
substantially to an existing or projected air quality
violation?
3) Result in a cumulatively considerable net increase of any X
criteria pollutant for which the project region is non
attainment under an applicable federal or state ambient
air quality standard (including releasing emissions
which exceed quantitative thresholds for ozone
precursors)?
4) Expose sensitive receptors to substantial pollutant X
concentrations?
5) Create objectionable odors affecting a substantial number
of people?
Response: Project 1:
213. The project is estimated to result in approximately 5.48 tons of Nitrogen Oxides (NOx)
per year and 4.65 tons of Reactive Organic Gases in its first year, mostly from vehicle trip
emissions. The level for NOx exceeds suggested thresholds of the Ventura County Air
Pollution Control District of 25 lbs. per day. A Standard Condition of Approval has been
added as part of the project for the developer to pay a contribution to the City's Transportation
System Management fund, reducing this impact to a less than significant level. No additional
mitigation is needed..
Project 2:
This project has a less than significant impact on air quality resources.
Sources: 2,6,9, Project Plans
Mitigation: Project 1:
None Required
Project 2:
None Required
D. BIOLOGICAL RESOURCES — Would the project:
1) Have a substantial adverse effect, either directly or X
through habitat modifications, on any species identified
as a candidate, sensitive, or special status species in
local or regional plans, policies, or regulations, or by the
California Department of Fish and Game or U.S. Fish
and Wildlife Service?
2) Have a substantial adverse effect on any riparian habitat X' X2
or other sensitive natural community identified in local or
regional plans, policies, regulations or by the California
Department of Fish and Game or US Fish and Wildlife
Service?
3) Have a substantial adverse effect on federally protected X' X2
12 000045
5) Conflict with any focal policies or ordinances protecting X
biological resources, such as a tree preservation policy
or ordinance?
6) Conflict with the provisions of an adopted Habitat X
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat
conservation Dian?
— -- 00004
13
Less Than
Potentially
Significant
Less Than
Significant
With
Significant No
Impact
Mitigation
Impact Impact
wetlands as defined by Section 404 of the Clean Water
Act (including, but not limited to, marsh, vernal pool,
coastal, etc.) through direct removal, filling, hydrological
interruption, or other means?
4) Interfere substantially with the movement of any native
X' V
resident or migratory fish or wildlife species or with
established native resident or migratory wildlife corridors,
or impede the use of native wildlife nursery sites?
5) Conflict with any focal policies or ordinances protecting X
biological resources, such as a tree preservation policy
or ordinance?
6) Conflict with the provisions of an adopted Habitat X
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat
conservation Dian?
— -- 00004
13
Less Than
Potentially Significant Less Than
Significant With Significant No
Impact Mitigation Impact Irnpa
Response: Project 1:
1. Several Special Status species have been identified as residing on the subject property,
foraging on the subject property, or having suitable habitat for existence on the subject property.
While no Special Status plants were observed on site, one reptile species, several bird species,
and one mammal species were observed on site during several surveys. Loss of habitat, and the
potential for loss of some individual specimens, can be expected as a result of the site
preparation and construction of this project. While this impact cannot be avoided, it can be
mitigated to a level of insignificance.
2. Project construction will result in a loss of 0.363 acre of riparian habitat of the identified 2.337 acres
on the site. As such, the project will require approval of the California Department of Fish and Game
(CDFG), the U.S. Army Corps of Engineers (ALOE) and the Regional Water Quality Control Board
(RWQCB). A CDFG Streambed Alteration Agreement, ACOE Section 404 Permit and a RWQCB
Water Quality Certification will have to be obtained prior to the start of construction. United States
Fish and Wildlife Service (USFW S) will be notified by the ACOE if they determine that a consultation
will be required. Consultations are only required when a project has the ability to impact federally
listed species. As no federally listed species were observed or expected to be on site, consultation is
not expected to be required.
3. As noted above, U.S. Army Corps of Engineers' jurisdictional areas exist on site and will be
affected. Waters of the United States were identified and an ACOE Nationwide Permit will be
required to construct the proposed project. A RWQCB Water Quality Certification will be required
under Section 401 of the Clean Water Act.
4. While there is habitat on site for nesting and foraging of various wildlife species, there is not a
sufficient area leading from the site to another adequate habitat area, in this case, Happy Camp
Regional Park, to serve as an effective wildlife corridor. Further, the construction of this project
will eliminate the viability of the habitat on site, thus eliminating the need for such a corridor.
5. This project will result in the removal of mature trees, and will therefore be subject to the
Chapter 12.12 of the Moorpark Municipal Code.
Project 2:
1. Rufous crowned sparrow and California gnatcatcher species nest and forage in coastal sage
scrub habitats; however, the gnatcatcher will not nest in steep areas. The project site had limited
flat areas of coastal sage scrub; the majority of the site was too steep.
2. Project construction will result in a loss of 0.26 acre of riparian habitat of the identified 0.90 acre on
the site. As such, the project will require approval of the California Department of Fish and Game
(CDFG), the U.S. Army Corps of Engineers (ACOE) and the Regional Water Quality Control Board
(RWQCB). A CDFG Streambed Alteration Agreement, ACOE Nationwide Permit and a RWQCB
Water Quality Certification will have to be obtained prior to the start of construction. United States
Fish and Wildlife Service (USFW S) will be notified by the ACOE if they determine that a consultation
will be required. Consultations are only required when a project has the ability to impact federally
listed species. As no federally listed species were observed or expected to be on site, consultation is
not expected to be required.
The remaining unimpacted riparian habitat is located in a steep area with an abundance of poison
oak present. The steep slopes and lack of water make riparian habitat restoration difficult.
3. No wetlands as defined by Section 404 of the Clean Water Act were identified at the project
site. Waters of the U.S. were identified and an ACOE Nationwide Permit will be required to
construct the proposed project. A RWQCB Water Quality Certification will be required under
Section 401 of the Clean Water Act. As previously stated, the remaining unimpacted riparian
habitat is located in a steep area with an abundance of poison oak present. The steep slopes and
lack of water make riparian habitat restoration difficult.
5. This project will also result in the removal of mature trees, and will therefore be subject to the
City's Mature Tree Removal Ordinance.
Sources: 1,3,7,10
00004'7
15
Mitigation: Project 1:
1 -a. The applicant shall contribute $15,000 towards the City's sensitive species research
program (established as a component of the mitigation plan for the Moorpark Country Club
Estates project).
1 -b. Prior to grading or site preparation activities that would occur during the nesting/breeding
season of the native bird species potentially nesting on the site (typically February through
August), the applicant shall have a field survey conducted by a qualified biologist to determine if
active nests of bird species protected by the Migratory Bird Treaty Act and/or the California Fish
and Game Code are present in the construction zone or within 100 feet (200 feet for raptors) of
the construction zone. If active nests are found, a minimum 50 foot (this distance may be greater
depending on the bird species and construction activity, as determined by the biologist) fence
barrier shall be erected around the nest site and clearing and construction within the fenced area
shall be postponed or halted, at the discretion of the biological monitor, until the nest is vacated
and juveniles have fledged, as determined by the biologist, and there is no evidence of a second
attempt at nesting. The biologist shall serve as a construction monitor during those periods when
construction activities will occur near active nest areas to ensure that no inadvertent impacts on
these nests will occur.
2 -a. Prior to issuance of grading permits, a proposed habitat restoration plan shall be developed
to ensure compensation for the loss of native habitats that will occur from project development.
The habitat restoration plan shall emphasize the selective use of purple needle grass (Stipa
pulchra) and other native grasses in the landscape plan for the property. The plan shall also
require, subject to approval of the Fire Department, the use of native plants common to Venturan
Coastal Sage Scrub (e.g. Salvia apiana, Salvia leucophylla, Artemisia californica, Rhus
integrifolia, Eriogonum fasciculatum, Encelia californica) in upland areas surrounding the project
that are disturbed as a result of project development (geologic remediation, construction of fire
access roads, etc.). The applicant shall also fund a program to provide an enhanced riparian
canopy within and around the proposed detention basin consistent with requirements of the
Department of Fish and Game and Army Corps of Engineers. The restoration shall be
performed in accordance with current best available restoration practices. The applicant (or a
designee) shall be responsible for maintaining the restoration areas for a period of three years or
until the native grasses, riparian corridor, and perimeter plantings are successfully established.
2 -b. The applicant shall fund a $25,000 contribution and participate in the Venturan Coastal
Sage Scrub Community research program initiated as a Mitigation Measure for the Moorpark
Country Club Estates project. The purposes of this program shall be to accurately map the
remaining distribution of this community, to study its soil requirements, plant ecology, and wildlife
associations, to provide management advice on the community for agencies and private
individuals, to raise funds for the purpose of acquiring lands where relict stands of the community
exist, and to provide guidance on restoration or propagation of the community.
2 -c. Prior to issuance of grading permits, the Director of Community Development shall approve
a Habitat Enhancement Plan which shall be integrated into the Landscape Plan for the project.
The intent of the Plan would be to protect on -site natural systems, trees and resources and to
devise methods for integrating planting suitable for recreational activities into the Landscape
Plan. The Plan shall also provide guidance regarding revegetation of wetland/riparian areas that
will be disturbed by construction. The advice provided in this Plan should apply to all existing or
created on -site oak woodlands, riparian areas, detention basins and fuel modification zones. The
purpose of this plan shall be to increase the biological carrying capacity of these areas.
2 -d. Disturbed (ruderal) vegetation zones within the conservation easement/conservation
dedication area shall be cleaned up and, to the degree feasible, restored prior to dominant
surrounding native habitats.
2 -e. Native plans shall be used in the restoration of areas disturbed by the construction of the
project. The City shall monitor the use of native plants through review and approval of all project
landscape plans.
16 000048
Mitigation: 2 -f. The permanent removal of approximately 40 trees shall be replaced at a 10:1 mitigation
ratio by planting 400 California walnut trees in the private open space area. This tree may
also be used as one of several screening trees around the southern perimeter of the
development. Pepper trees (Schinus molle) shall not be used in the tree planting program.
The trees should be planted dominantly within the upland areas above the detention basin, in
private open space. Field research shall be conducted by a qualified landscape architect to
determine whether soils, drainage, and compaction of the soil are suitable for survival of the
species in all areas where restoration is planned. To ensure maximum survival rates, these
replacement trees shall be limited to one gallon specimens. If possible, replacement
plantings shall be derived from locally harvested native walnuts in the upper reaches of
Walnut Canyon. Otherwise, if nursery stock is used for restoration, no grafted stock shall be
permitted.
2 -g. Prior to approval of the Final Map or issuance of the final, precise grading plan, an
artificial freshwater spring shall be established within the private open space area in a
location shat will provide the maximum potential for long -term use by native wildlife. This
spring is designed to replace regionally available water sources that have been destroyed by
cumulative development. The location of these artificial springs shall be designated by a
qualified vertebrate biologist and botanist or appropriate landscape professional. The spring
shall not be placed within 400 feet of any existing or proposed trail. The artificial spring shall
be maintained to provide year round low flows in volumes similar to existing springs in the
Walnut Canyon area. The spring shall be vegetated with native riparian plants, and shall
include at least two 24 -inch box Alders (Alnus rhombifolia), five 24 -inch box Sycamores
(Platanus racemosa), two 15- gallon Cottonwood (Populus fremontii), three 15- gallon Arroyo
Willow (Salix lasiolepis), four 24 -inch box Elderberry (Sambucus mexicana), and five 24
gallon Live Oak (Quercus agrifolia). A long term supply of water shall be provided to assure
the perpetuity of the plants. Adequate root guard protection shall be provided to reduce
mortality from rodent activity. The project Homeowners Association shall be responsible for
the long term maintenance of the artificial spring as a component of the private open space
program.
2 -h. The applicant shall contribute $30,000 to funding endangered wildlife species breeding,
predator trapping, or other support programs undertaken by the U.S. Fish and Wildlife
Service or by appropriate private conservation institutions actively seeking to restore the
status, range, or abundance of any rare, special interest, or endangered species that have
occurred or have the potential to occur within the project boundary. This contribution shall be
coordinated with the US Fish and Wildlife Service. Evidence of contribution approved by the
Service shall be presented to the City prior to the issuance of building permits. Funding shall
be established by preparation of a research design in consultation with the Fish and Wildlife
Service and the City.
3. Prior to the issuance of any grading permit or clear and grub activities not covered by the
City's grading ordinance, the applicant shall obtain a Clean Water Act Section 401
certification, and Section 404 permit, as required by the Regional Water Quality Control
Board and the Army Corps of Engineers. Additionally, a Section 1603 Streambed Alteration
Agreement shall be entered into with the California Department of Fish and Game. All
conditions of these approvals shall be adhered to.
5. A Tree Removal Permit shall be obtained from the City prior to removal of trees that meet
the native oak and mature tree criteria within the City's tree ordinance (Chapter 12.12).
Permits for tree removal shall not be issued until (or unless) the project has been approved
by the City. The loss of all trees shall be replaced consistent with Chapter 12.12. of the City
of Moorpark Municipal Code.
17 000049
6 -a. The trail system shall not be extended beyond the limits of the approved design, which shall
link with surrounding subdivisions and the regional trail system. Signs shall designate the trails
and shall prohibit motorized vehicle use.
6 -b. Prior to the issuance of building permits and coincident with grading activities, the proposed
project boundary shall be fenced to minimize intrusions by non - residents. A minimally
designated trail system shall be devised for the open space area which, to the extent feasible,
avoids or minimizes impacts to stands of native vegetation. The design of the trail system shall
preserve, to the extent feasible, tracts of Venturan Coastal Sage Scrub to enhance the potential
value for wildlife. All motorized vehicles shall be prohibited from entering the private open space
conservation area. Prior to the approval of the Final Vesting Map, the site plan shall be revised
to include the dedicated trail alignment across the open space. The trail system shall be
constructed as a minor multi -use trail and access to the area shall otherwise be restricted. The
trail system shall be completed prior to occupancy.
6-c. Off road vehicle use on property within the project boundaries shall be prohibited (except
upon approved private streets and maintenance roads). The CC &R's for this project shall
specify fines for unauthorized use of off -road vehicles.
6 -d. Perimeter fencing shall be provided in areas where future residents could obtain access
to surrounding private lands
Project 2:
1. The project applicant will revegetate all exposed slopes with coastal sage scrub plant
species found within the project vicinity to mitigate for the loss of the 1.7 acres of coastal
sage scrub habitat. Revegetation of the exposed areas will allow any of these special status
species of birds to utilize the site. A qualified botanist who is an expert on coastal sage scrub
habitats will prepare a Habitat Mitigation Planting Plan for the exposed slopes. This Habitat
Mitigation Planting Plan will be incorporated into the Landscape Plans for the North Hills
Parkway Road Extension. Implementation of this Habitat Mitigation Planting Plan will result in
reducing impacts to special status species to less than significant.
2. The recommended mitigation is to pay off site in lieu fees to an acceptable mitigation
program to mitigate for the loss of riparian habitat. The regulatory agencies will need to
approve the off -site mitigation. Obtaining regulatory agency approval and implementing all
conditions required by the agencies will result in project construction having a less than
significant impact. Coastal sage scrub habitat is recognized as a sensitive natural habitat.
Mitigation included in 1) above will result in the creation of coastal sage scrub habitat and will
mitigate on site impacts.
3. The applicant shall pay off site in lieu fees to an acceptable mitigation program. The
regulatory agencies will need to approve the off -site mitigation. Obtaining regulatory agency
approval and implementing all conditions required by the agencies will result in project
construction impacts being considered less than significant.
4. Mitigation shall be accomplished by the method prescribed in the Moorpark Municipal
Code Chapter 12.12.
E. CULTURAL RESOURCES — Would the project:
1) Cause a substantial adverse change in the signifcance of X
a historic resource as defined in §15064.5?
2) Cause a substantial adverse change in the signifcance of X
an archaeological resource pursuant to §15064.5?
3) Directly or indirectly destroy a unique paleontological X
resource or site or unique geologic feature?
4) Disturb any human remains, including those interred X
outside of formal cemeteries?
18 000050
Response: Cultural resources on this site have been evaluated through Phase II study, and have been
determined to be less than significant resources.
Sources: Site Plan, Project Application, 7, 11
Mitigation: Project 1:
An archeological monitor shall be employed during each phase of grading to monitor initial
grading for items of archeological significance. The monitor shall have the authority to stop
grading activity in a given area to allow sufficient tjme for the collection and evaluation of
artifacts.
Project 2:
An archeological monitor shall be employed during each phase of grading to monitor initial
grading for items of archeological significance. Controlled demolitions shall be undertaken at
the direction of the archeological monitor. The monitor shall have the authority to stop grading
activity in a given area to allow sufficient time for the collection and evaluation of artifacts.
F. GEOLOGY AND SOILS — Would the project:
1) E .Vose people or structures to potential substantial
adverse effects, including the risk of loss, injury, or death
Involving:
i) Rupture of a known earthquake fault, as delineated on the X' X2
most recent Alquist Priolo Earthquake Fault Zoning Map
issued by the State Geologist for the area or based on
other substantial evidence of a known fault? Refer to
Division of Mines and Geology Special Publication 42.
ii) Strong seismic ground shaking? X
Iii) Seismic - related ground failure, including liquefaction? X
iv) Landslides? X
2) Result in substantial soil erosion or the loss of topsoil? X
3) Be located on a geologic unit or soil that is unstable, or X
that would become unstable as a result of the project,
and potentially result in on- or off -site landslide, lateral
spreading, subsidence, liquefaction or collapse?
4) Be located on a )pansive soil, as defined in Table 18-1 -B X' X2
of the Uniform Building Code (1994), creating substantial
risks to life or property?
5) Have soils incapable of adequately supporting the use of X
septic tanks or alternative %aste water disposal systems
where sewers are not available for the disposal of waste
water?
19 000051
Response: Project 1:
1. While this project is not within Alquist Priolo Special Studies zone, it does have a
potentially active fault traversing it, which could result in severe ground shaking and potential
ground rupture. Liquefaction potential exists on site, but it is minimized by the lack of
groundwater near the surface. This indicates a less than significant impact. Some potential
for landslides is present on slopes within the project. Remedial grading will serve to mitigate
these impacts to a level of insignificance.
2. Some loss of topsoil may occur through the grading and construction process, but
standard requirements of grading and construction permits will minimize this impact.
3. Slopes exhibiting the potential for instability and areas prone to subsidence and settling,
particularly during an earthquake, have been identified. However, these can be mitigated to a
level of insignificance.
4. Areas of expansive soils were identified on the subject property. The impacts associated
with expansive soils can be mitigated to a level of insignificance.
5. Sewer systems are available to, and will be a requirement of, this project. Therefore,
there is no impact anticipated as a result of this project.
Project 2:
1. While this project is not within Alquist Priolo Special Studies zone, it does have a
potentially active fault traversing the property to the south, which could result in severe
ground shaking and potential ground rupture. Very little liquefaction potential exists on site.
This indicates a less than significant impact. Some potential for landslides is present.
Remedial grading will serve to mitigate these impacts to a level of insignificance.
2. Some loss of topsoil and other erosion may occur through the grading and construction
process, but standard requirements of grading and construction permits will minimize this
impact. The impact is not anticipated to be significant.
3. Slopes exhibiting the potential for instability and areas prone to subsidence and settling,
particularly during an earthquake, have been identified both on site, and in off -site areas
which may affect this project. However, these can be mitigated to a level of insignificance
through the use of remedial grading techniques.
Sources: 3, 7, 10, Alquist Priolo Special Studies Zone Map, Moorpark and West Simi Quadrangles,
Seismic Hazard Zone Map, Moorpark and West Simi Quadrangles.
00002
20
Mitigation: Project 1:
1 -a. Appropriate design of both grading and structures shall be implemented to reduce risks
associated with seismic shaking to the standards established by the most recently adopted
Uniform Building Code and to the satisfaction of the City Engineer and City Building Official.
Additional studies shall be performed as required to enable the determination of appropriate
standards of grading and construction.
1 -b. Landslides shall be removed and recompacted during the grading process to the
satisfaction of the City Engineer.
1 -c. An engineering geologist shall be retained on site to evaluate any previously unknown
fault traces for recent activity (within the past 11,000 years). Any faults or traces shall be
mapped according to currently accepted industry practice. No structures shall be allowed
within 50 feet of an active fault or trace. Structures placed near inactive faults or traces shall
be designed to meet the structural standards of the Uniform Building Code which address the
demands of ground shaking and the associated secondary ground movement along the
inactive fault or trace.
314. Appropriate design of both grading and structures shall be implemented to reduce risks
associated with landslides, expansive soils, liquefaction and subsidence to the standards
established by the most recently adopted Uniform Building Code and to the satisfaction of the
City Engineer and City Building Official. Additional studies shall be performed as required to
enable the determination of appropriate standards of grading and construction.
Project 2:
1. Appropriate design of grading shall be implemented to reduce risks associated with
seismic shaking to the standards established by the most recently adopted Uniform Building
Code and to the satisfaction of the City Engineer and City Building Official. Additional studies
shall be performed as required to enable the determination of appropriate standards of
grading and construction.
3. Appropriate design of grading structures shall be implemented to reduce risks associated
with landslides, expansive soils, liquefaction and subsidence to the standards established by
the most recently adopted Uniform Building Code and to the satisfaction of the City Engineer
and City Building Official. Additional studies shall be performed as required to enable the
determination of appropriate standards of grading and construction.
G. HAZARDS AND HAZARDOUS MATERIALS — Would the project:
1) Create a significant hazard to the public or the X
environment through the routine transport, use, or
disposal of hazardous materials?
2) Create a significant hazard to the public or the X
environment through reasonably foreseeable upset and
accident conditions involving the release of hazardous
materials into the environment?
3) Emit hazardous emission or handle hazardous or acutely X
hazardous materials, substances, or waste within one -
quarter mile of an existing or proposed school?
4) Be located on a site which is included on a list of X
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or the
environment?
5) For a project located vwthin an airport land use plan or, X
where such a plan has not been adopted, within two
21 000053
miles of a public airport or public use airport, mould the
project result in a safety hazard for people residing or
working in the project area?
6) For a project within the vicinity of a private airstrip, would
the project result in a safety hazard for people residing or
working in the project area?
7) Impair implementation of or physically interfere with an
adopted emergency response plan or emergency
evacuation plan?
8) Expose people or structures to a signifcant risk of loss,
injury or death involving wildland fires, including where
wildlands are adjacent to urbanized areas or where
X'
X
XZ
resraences are intermixed with midlands?
Response: Project 1:
8. The proximity of natural open space areas, both within the project boundaries and
immediately adjacent to the project, pose an increased danger of wildfire damage. The steep
slopes which comprise a significant portjon of the nearby natural open space will increase this
threat considerably. These impacts can be mitigated to a less -than significant level.
Project 2:
There are no known hazards on the project site.
Sources: 3, Project Plans
Mitigation: Project 1:
8. The project shall incorporate all requirements of the Ventura County Fire Department
Standard Conditions.
Project 2:
None Required.
H. HYDROLOGY AND WATER QUALITY — Would the project:
1) Violate any water quality standards or waste discharge x
requirements?
2) Substantially deplete groundwater supplies or interfere X
substantially with groundwater recharge such that there
would be a net deficit in aquifer volume or a lowering of
the local groundwater table level (e.g., the production
rate of pre - existing nearby wells would drop to a level
which would not support existing land uses or planned
uses for which permits have been granted)?
3) Substantially alter the existing drainage pattern of the site X
or area, including through the alteration of the course of
a stream or river, in a manner which would result in
substantial erosion or siltation on- or of -site?
4) Substantially alter the existing drainage pattern of the site X
or area, including through the alteration of the course of
a stream or river, or substantially increase the rate or
amount of surface runoff in a manner which would result
in flooding on- or off -site?
5) Create or contribute runoff water which would exceed the X
capacity of existing or planned stormwater drainage
systems or provide substantial additional sources of
polluted runoff?
6) Otherwise substantially degrade water quality? X
7) Place housing within a 100 -year flood hazard area as X
€00054
22
mapped on a federal Flood Hazard boundary or Flood
Insurance Rate Map or other food hazard delineation
map?
8) Place within a 100 -year flood hazard area structures which
would impede or redirect food flows?
9) Expose people or structures to a significant risk of loss, X
injury or death involving i) fooding, including flooding as
a result of the failure of a levee or dam?
ii) inundation byseiche, tsunami, or mudlow? X
Response: Project 1:
3. This project involves the filling of natural drainage courses, which will alter the existing
drainage. However, current City, State, and Federal regulations prohibit projects from
increasing or altering the flow or concentration of flows off -site. The project has been
designed to meet these regulations. Therefore, the impacts associated with this project are
less than significant.
4/5. This project involves the filling of natural drainage courses, which will alter the existing
drainage. Additionally, this project will increase runoff levels due to the creation of large
impervious areas, thus contributing to a significant cumulative impact. Current City, State,
and Federal regulations prohibit projects from increasing or altering the amount of now or
concentration of flows off -site. To meet this requirement, mitigation is proposed which will
mitigate this impact to a level of insignificance.
Project 2:
3. This project involves the filling of natural drainage courses, which will alter the existing
drainage. However, current City, State, and Federal regulations prohibit projects from
increasing or altering the flow or concentration of flows off -site. The project has been
designed to meet these regulations. Therefore, the impacts associated with this project are
less than significant.
4/5. This project involves the filling of natural drainage courses, which will alter the existing
drainage. Additionally, this project will slightly increase runoff levels due to the creation of an
impervious area, thus contributing to a significant cumulative impact. Current City, State, and
Federal regulations prohibit projects from increasing or altering the amount of flow or
concentration of flows off -site. To meet this requirement, mitigation is proposed which will
mitigate this impact to a level of insignificance.
Sources: Project plans, 7, 10.
Mitigation: Project 1:
4/5. All drainage facilities shall be constructed to accommodate the runoff volumes required
to avoid off -site impacts, to the satisfaction of the City Engineer. These volumes shall include
the anticipated additional runoff from project 2. The applicant shall ensure that all drainage
facilities, detention facilities, and NPDES facilities employ appropriate Best Management
Practices, to the satisfaction of the City Engineer.
Project 2:
415. Mitigation of this impact is accomplished through the mitigation measure for the same
impacts in project 1.
1. LAND USE AND PLANNING — Would the project:
1) Physically divide an established community X
2) Conflict with any applicable land use plan, policy, or
23
®®0055
regulation of an agency with jurisdiction over the project
(including, but not limited to the general plan, specifc
plan, local coastal program, or inning ordinance)
adopted for the purpose of avoiding or mitigating an
environmental effect?
3) Conflict with any applicable habitat conservation plan or
natural community conservation plan?
X
Response: Project 1:
This project includes a requested Amendment to the General Plan Land Use Element. While
the requested designation is different that what it currently is, the total number of units is
considerably less than what was allowed under the existing General Plan designation.
Therefore, there is no impact.
Project 2:
This project is a portion of the implementation of a planned roadway as identified in the,
Circulation Element of the General Plan. Therefore, there is no impact.
Sources: 3
Mitigation: None Required
J. MINERAL RESOURCES — Would the project:
1) Result in the loss of availability of a known mineral X
resource that would be of value to the region and the
residents of the state?
2) Result in the loss of availability of a locally- important X
mineral resource recovery site delineated on a local
general plan, specific plan or other land use plan?
Response: Project 1:
This project will not affect mineral resources_
Project 2:
This project will not affect mineral resources.
Sources: n/a
Mitigation: None Required.
K. NOISE — Would the project result in:
1) Exposure of persons to or generation of noise levels in X
excess of standards established in the local general plan
or noise ordinance, or applicable standards of other
agencies?
2) Exposure of persons to or generation of excessive X' X2
groundbore vibration or groundbome noise levels?
3) A substantial permanent increase in ambient noise levels X
in the project vicinity above levels existing without the
project?
4) A substantial temporary or periodic increase in ambient X' V
noise levels in the project vicinity above levels existing
without the project?
5) For a project located Athin an airport land use plan or, X
24 000056
where such a plan has not been adopted, within two
miles of a public airport or public use airport, Aould the
project expose people residing or working in the project
area to excessive noise levels?
6) For a project within the vicinity of a private airstrip, would X
the project expose people residing or working in the
project area to excessive noise levels?
Response: Project 1:
2/4. Temporary increases in ambient noise levels, including ground vibrations, can be
expected during the grading and constructions phases of this project. These impacts will be
particularly significant to the residents of homes adjacent to the subject property. While these
impacts are unavoidable, appropriate mitigation is required to bring these impacts to a level of
insignificance.
Project 2:
2/4. Temporary increases in ambient noise levels can be expected during construction
periods. However, City regulations pertaining to hours of construction will ensure that this
impact is less than significant.
Sources: 2,3
Mitigation: Project 1:
2/4. —1. The applicant shall designate a parking area for all construction employees on site,
as well as for the staging of construction equipment. This area shall be away from existing
residential structures, to the satisfaction of the Community Development Director.
2/4. — 2. Construction and grading activity schedules shall be delivered to each residence
prior to the beginning of each phase of grading or construction_ This schedule shall include a
verbatim quote of the City's regulations with regard to construction times, as set forth in the
City's Noise Ordinance. All construction and grading activities shall adhere to the City's Noise
Ordinance requirements.
Project 2:
None required.
L. POPULATION AND HOUSING — Would the project:
1) Induce substantial population growth in an area, either x
directly (for example, by proposing new homes and
businesses) or indirectly (for example, through extension
of roads or other infrastructure)?
2) Displace substantial numbers of existing housing, x
necessitating the construction of replacement housing
elsewhere?
3) Displace substantial numbers of people, necessitating the x
construction of replacement housing elsewhere?
Response: Project 1:
There will be no impacts to population or housing resources as a result of this project.
Project 2:
There will be no impacts to population or housing resources as a result of this project.
Sources: 2,3
25
000057
Mitigation: Project 1:
None required.
Project 2:
None required.
M. PUBLIC SERVICES
1) Would the project result in substantial adverse physical
impacts associated with the provision of new or
physically altered governmental facilities, need for new
or physically altered governmental facilities, the
construction of which could cause significant
environmental impacts, in order to maintain acceptable
service ratios, response times or other perbrmance
objectives for any of the public services:
Fire protection?
Police protection?
Schools?
Parks?
other public facilities?
X' X=
X' X2
X' X2
X' X2
X' X2
_Response: Project 1:
Public services will be impacted as a result of the construction of this project. However, these
impacts are less than significant due to the required impact fees which are designed to
facilitate the absorption of the proposed impacts.
Project 2:
The construction of this project will not increase the need for additional governmental facilities
or services. The proposed extension is a part of a planned circulation system which has
been designed to improve overall circulation within the City, thereby decreasing emergency
vehicle response times and reducing the demand for services.
Sources: Site Plans, Project Description
Mitigation: None required.
N. RECREATION
1) Would the project increase the use ofeAsting X
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of
the facility would occur or be accelerated?
2) Does the project include recreational facilities or require X
the construction or a )pansion of recreational facilities
which might have an adverse physical effect on the
environment? _
Response: This project will have no impact on recreational resources.
Sources: Project plans, Project Description
Mitigation: None required.
26 000058
O. TRANSPORTATIONITRAFFIC — Would the project:
1) Cause an increase in traffic which is substantial in relation X' V
to the existing traffic load and capacity of the street
system (i.e., result in a substantial increase in either the
number of vehicle trips, the volume to capacityratio on
roads, or congestion at intersections)?
2) Exceed, either individually or cumulatively, a level of X' X2
service standard established by the county congestion
management agency for designated roads or highways?
3) Result in a change in air traffic patterns, including either X
an increase in traffic levels or a change in location that
results in substantial safety risks?
4) Substantially increase hazards due to a design feature X' V
(e.g., sharp curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
5) Result in inadequate emergency access? X
6) Result in inadequate parking capacity? X
7) Conflict with adopted policies, plans, or programs X
supporting alternative transportation (e.g., bus turnouts,
bicycle racks)?
Response: Project 1:
1. The impact of this project will be cumulative in nature with regard to the incremental
increase in traffic load on the surrounding street system. The impact is anticipated to be less
than significant.
2. Traffic modeling anticipates that this project will reduce the level of service for one
intersection below LOS C. This constitutes a significant impact, which is anticipated to be
mitigated by the construction of Project 2.
4. This project has the potential for significant impacts due to intersection hazards where the
initial access point for the project meets Walnut Canyon Road. Traffic speeds, volumes, and
sight distances are such that measures will need to be taken to ensure that the ingress and
egress for the project are safe until such time as a Spring Road extension reaches the
roadway in Project 2.
Project 2:
This project will have positive impacts on traffic patterns and the overall circulation of the City.
The proposed extension is a part of a planned circulation system which has been designed
to improve overall circulation and will marginally improve the Levels of Service for all
intersections on Walnut Canyon Road /Moorpark Avenue between Los Angeles Avenue to the
south and Broadway to the north.
Sources: 2,3,7,10
000059
27
Mitigation: Project 1:
2. At such time as Spring Road is extended to connect to the roadway to be constructed in
Project 2, the primary access to Walnut Canyon Road shall be closed and shall be utilized as an
emergency access point only. The primary access point shall be North Hills Parkway leading to
the Spring Road extension.
4. — a The applicant shall pay improve the portions of Walnut Canyon Road which front on the
subject property to the satisfaction of the City Engineer and the California Department of
Transportation.
4. — b The applicant shall implement traffic calming measures, to include the installation of
necessary devices, on Walnut Canyon Road to the satisfaction of the City Engineer. These
measures and /or devices shall be designed to increase the safety of ingress to and egress from
the project site at the temporary project access point on Walnut Canyon, and at the intersection
of Wicks Road and Walnut Canyon Road, the projects secondary access point.
Project 2:
None required.
P. UTILITIES AND SERVICE SYSTEMS — Would the project:
1) Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board?
2) Require or result in the construction of new water or X
wastewater treatment facilities or expansion of existing
facilities, the construction of which could cause
significant environmental effects?
3) Require or result in the construction of new storm water x
drainage facilities or expansion of existing facilities, the
construction of which could cause significant
environmental effects?
4) Have sufficient water supplies available to serve the X
project from existing entitlements and resources, or are
new or expanded entitlements needed?
5) Result in a determination bythe wastewater treatment x
provider which serves or may serve the project that it has
adequate capacity to serve the project's projected
demand in addition to the provider's e)isting
commitments?
6) Be served by the landfill with sufficient permitted capacity X
to accommodate the project's solid Neste disposal
needs?
7) Comply with federal, state, and local statutes and x
regulations related to solid waste?
Response: Project 1:
The master plans from which service sufficiency determinations are made by each of the
utility purveyors are based upon the adopted General Plans of City's and Counties within their
service areas. As this project reflects a reduction in the number of units from the current
General Plan overlay allowance of 154 units, the project can be assumed to have available
service. As with all projects, "will serve" letters from each of the utility providers will be
required prior to the recordation of the Final Map.
Project 2:
This project is the extension of a planned roadway. No significant impacts are anticipated.
Sources: Project Plans
28 OOOOGO
Mitigation: None required
Q. MANDATORY FINDINGS OF SIGNIFICANCE
1) Does the project have the potential to degrade the quality X+
of the environment, substantially reduce the habitat of a
fish or wildlife species, cause a fish or wildlife population
to drop below self- sustaining levels, threaten to eliminate
a plant or animal community reduce the number or
restrict the range of a rare or endangered plant or animal
or eliminate important examples of the major periods of
California history of prehistory?
2) Does the project have impacts that are individuallylimited, X
but cumulatively considerable? ( "Cumulatively
considerable" means that the Incremental efects of a
project are considerable when viewed in connection with
the effects of past projects, the efects of other current
projects, and effects of probable future projects)?
XZ
3) Does the project have environmental efects which will X' Xz
cause substantial adverse effects on human beings,
either directly or indirectly?
Response: Project 1:
Mitigation measures will be imposed that will enable the project to reduce any potential
impacts to a less -than significant level.
Project 2:
Mitigation measures will be imposed that will enable the project to reduce any potential
impacts to a less than significant level.
Sources: 1,2,3,10
Earlier Environmental Documents Used in the Preparation of this Initial Study
Final Supplemental EIR for Conditional Use Permit No. 3142, Modification #6 (Simi Valley
Landfill
Additional Project References Used to Prepare This Initial Study
One or more of the following references were incorporated into the Initial Studyby
reference, and are available for review in the Community Development Office, City Hall,
799 Moorpark Avenue, Moorpark, CA 93021. Items used are referred to by number in the
Response Section of the Initial Study Checklist.
North Hills Parkway Extension Biological Analysis and Jurisdictional Delineation, Impact
Sciences, December 2002
2. The City of Moorpark's General Plan, as amended.
3. The Moorpark Municipal Code, as amended.
4. The City of Moorpark Procedures for the Implementation of the California Environmental
Quality Act (CEQA) and the State CEQA Guidelines adopted by Resolution No. 92 -872
29 0000161.
5. Public Resources Code Section 21000 et. seq. and California Code of Regulations, Title
14 Section 15000 et. seq.
6. Ventura County Air Quality Assessment Guidelines, November 14, 2000.
7. Hearing Draft - Technical Appendices for Mitigated Negative Declaration /Expanded Initial
Study for VTT 5130, June 2001
8. Final Supplemental EIR for Conditional Use Permit No. 3142, Modification #6 (Simi Valley
Landfill)
9. URBEMIS 2001 Computer model.
10. Supplementary Environmental Analysis, T 5130 The Vistas at Moorpark: Alternative
Arterial Access Connection to Spring Road
11. Interim Archeological Testing Report for CA -VEN -791, by SWCA Environmental
Consultants, dated July 8, 2003.
30 000062
RESOLUTION NO. 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE
DECLARATION AND APPROVING GENERAL PLAN AMENDMENT NO.
1998 -01 TO CHANGE THE LAND USE DESIGNATION FROM
SPECIFIC PLAN NO. 10 AND OPEN SPACE -2 TO MEDIUM LOW
DENSITY RESIDENTIAL (ML) ON APPROXIMATELY SEVENTY -TWO
(72) ACRES OF LAND FOR THE DEVELOPMENT OF 110 SINGLE
FAMILY RESIDENCES, LOCATED ALONG THE EAST SIDE OF
WALNUT CANYON ROAD (SR 23), NORTH OF CASEY ROAD AND
WICKS ROAD AND SOUTH OF THE VENTURA COUNTY WATERWORKS
DISTRICT NO. 1 PROPERTY, ON THE APPLICATION OF SUNCAL
COMPANIES, FOR MOORPARK 150, LLC (ASSESSOR PARCEL NOS.
512 -0 -010 -010, -025, -055, -065, 512 -0- 020 -020, -030,
512 -0- 030 -010, -025, 512 -0- 040 -035, -045, -70, -130, -
145, -240, 512 -0- 050 -140, -350, AND 512 -0 -160 -155)
WHEREAS, on August 19, 2003, the Planning Commission
adopted Resolution No. PC- 2003 -451 recommending to the City
Council adoption of a Mitigated Negative Declaration, and
approval of General Plan Amendment No. 1998 -01 for a change in
the Land Use Designation of the Land Use Element of the General
Plan from Specific Plan No. 10 and Open Space -2 to ML- Medium Low
Density (Maximum 2 du /acre) on approximately seventy -two (72)
acres of land located along the east side of Walnut Canyon Road
(SR 23), north of Casey Road and Wicks Road and south of Ventura
Waterworks District No. 1 property; on the application of SunCal
Companies for Moorpark 150, LLC (Assessor Parcel Nos. 512- 0 -010-
010, -025, -055, -065, 512 -0- 020 -020, -030, 512 -0- 030 -010, -025,
512 -0- 040 -035, -045, -70, -130, -145, -240, 512 -0- 050 -140, -350,
AND 512 -0- 160 -155); and
WHEREAS, at duly noticed public hearings on November 19,
and December 17, 2003, the City Council considered the agenda
report for General Plan Amendment No. 1998 -01 and any
supplements thereto and written public comments; opened the
public hearing and took and considered public testimony both for
and against the proposal and on December 17, 2003, reached a
decision on this matter; and
WHEREAS, the City Council has read, reviewed, and
considered the proposed Mitigated Negative Declaration prepared
for the project referenced above.
CC ATTACHMENT 2 000063
Resolution No. 2003 -
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DOCUMENTATION: The City Council
finds and declares as follows:
A. The Mitigated Negative Declaration and Initial Study for
the project are complete and have been prepared in
compliance with CEQA, and City policy.
B. The City Council has considered information in the
environmental document in its deliberations of the project
before making a decision concerning the project and the
Negative Declaration.
C. The Mitigation Measures of this project have been
incorporated into the project conditions of the
accompanying Vesting Tentative Tract Map and Residential
Planned Development.
D. The City Council's approval of the project and the
Mitigated Negative Declaration represents an independent
action based upon the City Council's independent judgment.
SECTION 2. CITY COUNCIL ADOPTION: The Mitigated Negative
Declaration prepared in connection with General Plan Amendment
1998 -01, Zone Change 1998 -01, Vesting Tentative Tract Map No.
5130 and Residential Planned Development No. 1998 -02 is hereby
adopted.
SECTION 3. CITY COUNCIL APPROVAL: General Plan Amendment
1998 -01 is approved, amending the General Plan Land Use Map as
proposed in Exhibit "A" attached hereto; and amending the Table
3 of General Plan Land Use Element to reflect the change in
dwelling units; and deleting all references to Specific Plan 10
in the General Plan Land Use Element.
SECTION 4. CERTIFICATION OF ADOPTION: The City Clerk shall
certify to the adoption of this resolution and shall cause a
certified resolution to be filed in the book of original
resolutions.
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Resolution No. 2003 -
Page 3
PASSED AND ADOPTED this 17th day of December, 2003.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Attachment: Exhibit A - General Plan Amendment Map
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000065
Resolution No. 2003 -
Page 4
EXHIBIT A
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GENERAL PLAN AMENDMENT MAP
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OOOOGs
RESOLUTION NO. 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING VESTING TENTATIVE
TRACT MAP NO. 5130 AND RESIDENTIAL PLANNED DEVELOPMENT
PERMIT NO. 1998 -02 FOR THE SUBDIVISION OF
APPROXIMATELY SEVENTY -TWO (72) ACRES OF LAND INTO 110
SINGLE FAMILY RESIDENTIAL LOTS LOCATED ALONG THE EAST
SIDE OF WALNUT CANYON ROAD (SR -23), NORTH OF CASEY
ROAD AND WICKS ROAD AND SOUTH OF THE VENTURA COUNTY
WATERWORKS PROPERTY, ON THE APPLICATION OF SUNCAL
COMPANIES, FOR MOORPARK 150, LLC (ASSESSOR PARCEL NOS.
512 -0- 010 -010, -025, -055, -065, 512 -0- 020 -020, -030,
512 -0- 030 -010, -025, 512 -0- 040 -035, -045, -70, -130, -
145, -240, 512 -0- 050 -140, -350, AND 512 -0 -160 -155)
WHEREAS, on August 19, 2003, the Planning Commission
adopted Resolution No. PC- 2003 -451 recommending approval to the
City Council of Vesting Tentative Tract Map No. 5130 for the
subdivision of approximately seventy -two (72) acres of land into
one hundred ten (110) single family residential lots and fifteen
(15) lots for open space, private streets, parkways, paseos and
future right -of -way purposes; and Residential Planned
Development Permit No. 1998 -02 for 110 single family units;
located along the east side of Walnut Canyon Road (SR -23), north
of Casey Road and Wicks Road and south of Ventura Waterworks
District No. 1 property; on the application of SunCal Companies
for Moorpark 150, LLC (Assessor Parcel Nos. 512 -0 -010 -010, -025,
-055, -065, 512 -0- 020 -020, -030, 512 -0- 030 -010, -025, 512- 0 -040-
035, -045, -70, -130, -145, -240, 512 -0- 050 -140, -350, AND 512-
0- 160 -155); and
WHEREAS, at duly noticed public hearings on November 19,
and December 17, 2003, the City Council considered the agenda
report for Vesting Tentative Tract Map No. 5130 and Residential
Planned Development No. 1998 -02 and any supplements thereto and
written public comments; opened the public hearing and took and
considered public testimony; closed the public hearing; and on
December 17, 2003, reached a decision on this matter; and
WHEREAS, the City Council has read, reviewed considered,
and adopted the proposed Mitigated Negative Declaration prepared
for the project referenced above.
CC ATTACHMENT 3 000OG7
Resolution No. 2003 -
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. PLANNED DEVELOPMENT FINDINGS: Based upon the
information set forth in the staff report(s), accompanying
studies, and oral and written public testimony, the City Council
makes the following findings in accordance with City of
Moorpark, Municipal Code Section 17.44.030:
A. The proposed project is consistent with the intent and
provisions of the City's General Plan and Zoning Ordinance,
in that the proposed project will provide for the orderly
development of land identified in the City's General Plan
and Zoning Ordinance as appropriate for residential
development.
B. The proposed project is compatible with the character of
surrounding development, in that the surrounding
development will include a variety of single- family
detached homes.
C. The proposed project would not be obnoxious or harmful, or
impair the utility of neighboring property or uses, in that
the use proposed is similar to uses existing or proposed to
the east, south, and west, and access to or utility of
those adjacent uses are not hindered by this project.
D. The proposed project would not be detrimental to the public
interest, health, safety, convenience, or welfare, in that
adequate provision of public access, sanitary services, and
emergency services have been ensured in the processing of
this request.
E. The proposed project is compatible with existing and
planned land uses in the general area where the development
is to be located, in that the existing and planned land
uses in the general area are generally single family
detached residential uses. The nearby Waterworks District
facility is isolated from this project by the proposed
North Hills Parkway and will neither affect, nor be
adversely affected by, this development, as conditioned.
F. The proposed project is compatible with the scale, visual
character and design of the surrounding properties,
designed so as to enhance the physical and visual quality
of the community, and the structure (s) have design features
which provide visual relief and separation between land
uses of conflicting character, in that the proposed project
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Resolution No. 2003 -
Page 3
complies with all development standards of the Moorpark
Municipal Code, and the development will utilize high
quality architectural materials and treatments to enhance
the visual appeal of the structures to be constructed.
SECTION 2. SUBDIVISION MAP ACT FINDINGS: Based on the
information set forth in the staff report(s) and accompanying
maps and studies the City Council has determined that the
Tentative Tract Map, with imposition of the attached special and
standard Conditions of Approval, meets the requirements for
approval of California Government Code Sections 66473.5, 66474,
66474.6, and 66478.1 et seq., in that:
A. The proposed map would be consistent with the City of
Moorpark General Plan and Zoning Ordinance if amended by
General Plan Amendment No. 1998 -01 and Zone Change No.
1998 -01 to allow for a density up to 1.53 units per acre.
B. The design and improvements of the proposed subdivision
would be consistent with the City of Moorpark General Plan
if amended by General Plan Amendment No. 1998 -01 and Zone
Change No. 1998 -01 to allow for a density up to 1.53 units
per acre.
C. The site is physically suitable for the type of development
proposed in that the site can be engineered to allow for
all required utilities to be brought to the site, adequate
ingress and egress can be obtained, and the site can be
provided with public and emergency services.
D. The site is physically suitable for the proposed density of
development, in that all City Development standards would
be met by the proposed project.
E. The design of the subdivision and the proposed improvements
are not likely to cause substantial environmental damage,
in that all potential impacts would be mitigated through
project design or conditions.
F. The design of the subdivision and the type of improvements
are not likely to cause serious public health problems, in
that adequate sanitation is both feasible and required as a
condition of this development.
G. The design of the subdivision and the type of improvements
will not conflict with easements acquired by the public at
large, for access through, or use of the property within
the proposed subdivision, in that easements for the
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Resolution No. 2003 -
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widening of Walnut Canyon Road have been identified and
incorporated in the design of this project.
H. There will be no discharge of waste from the proposed
subdivision into an existing community sewer system in
violation of existing water quality control requirements
under Water Code Section 13000 et seq.
I. The proposed subdivision does not contain or front upon any
public waterway, river, stream, coastline, shoreline, lake,
or reservoir as defined in California Government Code
Section 66478.1 et seq.
SECTION 3. CITY COUNCIL APPROVAL: The City Council
approves Vesting Tentative Tract Map No.5130, subject to the
special and standard Conditions of Approval included in Exhibit
A (Special and Standard Conditions of Approval), attached hereto
and incorporated herein by reference.
SECTION 4. CITY COUNCIL APPROVAL: The City Council
approves Residential Planned Development Permit No. 1998 -02,
subject to the special and standard Conditions of Approval
included in Exhibit B (Special and Standard Conditions of
Approval), attached hereto and incorporated herein by reference.
SECTION 5. CERTIFICATION OF ADOPTION: The City Clerk shall
certify to the adoption of this resolution and shall cause a
certified resolution to be filed in the book of original
resolutions.
PASSED AND ADOPTED this 17th day of December, 2003.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Exhibit A: Special and Standard Conditions of Approval for
Vesting Tentative Tract Map No. 5130
Exhibit B: Special and Standard Conditions of Approval for
Residential Planned Development Permit No. 1998 -02
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Resolution No. 2003 -
Page 5
EXHIBIT A
SPECIAL AND STANDARD CONDITIONS OF APPROVAL
FOR VESTING TENTATIVE TRACT MAP 5130
SPECIAL CONDITIONS
1. Prior to the issuance of a grading permit, the Applicant
shall deposit with the City the sum of $25,000 to be held
in trust for open space acquisition and maintenance as an
offset to impacts related to rare plant communities. This
trust fund deposit shall be used at the discretion of the
City for purposes consistent with the intent of the
biological _resources mitigation measures in the Final
Mitigated Negative Declaration.
2. Venturan Coastal Sage Scrub Community Research
Contribution: Prrierr te-- appr-eval —ef— he Final 41?t3,Prior to
the issuance of a Zoning Clearance for filing of a Final
Map, the Applicant shall pay to the City a contribution of
$15,000 and
participate in the Venturan Coastal Sage Scrub Community
Research Program initiated as a Miicigatlen Measure fef tc
Pleerpark Geuntfy Glula fie .
3. Prior to the issuance of a Zoning Clearance for filing of a
feeeEeiatien of a Final Map, the applicant shall show on the
Final Map, or by separate instrument, an irrevocable offer
of dedication to the City for a road easement over lots B,
C, and P for primary or secondary access to the Project,
and a final engineering design on the road. Vie
±repo =e eabl e eff Pah a l l be en d e s i. qn, te t h e s,};, f-a�
e f- -Ceffffftunity 9e v e l-epfftent Di re e t ez —and - i-t y Egg -i n e .� e€
fr=eTM "B" st t-eet to Walnut—G d SR 23) —The aeeess
road shall be designed to meet City of Moorpark street
standards as determined by the City Engineer and the
Director of Community Development, Caltrans intersection
standards and designed in such a manner that if constructed
its construction will not require any modification of
adjacent single family lots. The upper portion of the
access road where it intersects with the "B" street shall
be shown as a lettered lot "P" on the Final Map and used as
a passive recreation lot, landscaped and maintained by the
homeowners association unless it is needed for roadwa,Z7.
purposes. Prior to the close of escrow for each home in
the project the applicant shall provide the City with a
written acknowledgement, the form of which shall be
approved in advance by the Citv Attornev, signed by each
000071
Resolution No. 2003 -
Page 6
buyer that they area aware of the potential alternative
access.
4. Prior to the issuance of a zoning clearance for occupancy
of the first dwelling unit the Applicant shall provide a
paved onsite emergency access road from Wicks Road to "B"
Street, a minimum of thirty -two feet wieie - (32' ) _wide___with
no parking permitted on either sideb.,t s`ei of the road.
A turn - around area shall be provided outside the emergency
access gate, to the satisfaction of the Community
Development Director and the Ventura County Fire Protection
District. The access drive to Wicks Road shall be gated and
used for emergency access only and shall meet Lire
Department requirements. Separate pedestrian access shah
be provided to Wicks Road at this gated emergency access
1ncatinn_
5. Prior to the issuance of a zoning clearance for occupancy
of the first dwelling unit the Applicant shall improve
Wicks Road to provide a minimum of twenty -foot (20') wide
pavement, with no parking on both sides of the road. A
five -foot (5') wide concrete sidewalk with curb and gutter
shall be constructed on the south side of Wicks Road
be4�we n from the emergency access road, referenced in
Condition 4 above, toeaft4 Walnut Canyon Road. Crosswalk
facilities will be constructed at the intersection of Wicks
Road and the access road for pedestrian access to the
sidewalk on the south side of Wicks Road to the
satisfaction of the City Engineer.
6. p ii-e l —t-e -- ire —r-ee e i e n ef -- -a Final: Map —Prior t o t h e
issuance of a Zoning Clearance for filing of a Final Map,
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•
4. Prior to the issuance of a zoning clearance for occupancy
of the first dwelling unit the Applicant shall provide a
paved onsite emergency access road from Wicks Road to "B"
Street, a minimum of thirty -two feet wieie - (32' ) _wide___with
no parking permitted on either sideb.,t s`ei of the road.
A turn - around area shall be provided outside the emergency
access gate, to the satisfaction of the Community
Development Director and the Ventura County Fire Protection
District. The access drive to Wicks Road shall be gated and
used for emergency access only and shall meet Lire
Department requirements. Separate pedestrian access shah
be provided to Wicks Road at this gated emergency access
1ncatinn_
5. Prior to the issuance of a zoning clearance for occupancy
of the first dwelling unit the Applicant shall improve
Wicks Road to provide a minimum of twenty -foot (20') wide
pavement, with no parking on both sides of the road. A
five -foot (5') wide concrete sidewalk with curb and gutter
shall be constructed on the south side of Wicks Road
be4�we n from the emergency access road, referenced in
Condition 4 above, toeaft4 Walnut Canyon Road. Crosswalk
facilities will be constructed at the intersection of Wicks
Road and the access road for pedestrian access to the
sidewalk on the south side of Wicks Road to the
satisfaction of the City Engineer.
6. p ii-e l —t-e -- ire —r-ee e i e n ef -- -a Final: Map —Prior t o t h e
issuance of a Zoning Clearance for filing of a Final Map,
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Resolution No. 2003 -
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the applicant shall provide an irrevocable offer of
dedication for a two- hundred -foot (200') wide future right -
of -way along the entire northerly boundary for North Hills
Parkway. The applicant shall bond for the construction of
full width grading of the roadway from the top of slope at
the western end of the property to Spring Road.
Additionally, the applicant shall bond for the construction
and improvement of the southern one -half (112) of North
Hills Parkway, including an acceleration /deceleration lane
at the project entrance, two (2) lanes of travel,
ese,apeemergency parking /bicycle lane-&, curb, gutter,
sidewalk drainage, full median and parkway landscaping and
street lighting ffefft the prejeet entranee—along the entire
frontage of the project and east to Spring Road. Any
easements necessary to complete the required construction
and maintenance of the road shall be the applicant's
responsibility. Construction and use of North Hills
Parkway as primary access to this project is contingent
upon the construction and use of Spring Road from the
intersection of North Hills Parkway south to Charles
Street. In the _event = _hat_the developer of Specific Plan
No. 2 has not bonded _on ing for the construction and
improvements of Spring Road, the applicant shall bold for
the construc =ion and improvements of Spring Road_be —to the
satisfaction of the City Engineer and the Community
Development Director. T!,e City rngineer shall accept the
bonds with the understandiro that a substitute bond from
the developer of S_fic Plan No. 2 may be accepted at a
future date.
7. Prior to the issuance of a Certificate of Occupancy for the
first dwelling unit, North Hills Parkway improvements
described in Condition No. 6 above, i_ncludirl full_ Width
grading shall be completed --ems -- ire —f3 —te-- he
the NeEth H i l l s_ _---_ k y Is e emp-1 e- eei, —u Files s p i e j ee t o cis
te -fie i=th Hills Pafkway is subs - eg -uenT 4: y 4AFftited, the - . _ _ --
G a n y e n Read - ae e e l s will be f er- -- €ettrre --a lterFi ati ve —aeees-s
Lceffiain an ergen-ey - -enly aeeess. Vehd:edl -ai= aeeess j?=
along Pier}h Hills ai} and Wieks Read srall : le e deeiieat -e-
te— the e�-eept— fer ate =ed— prejeet aee-ess to
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_..— _ —
Prior to issuance of Zoning _Clearance for
a building permit, the app =icant shall sul;mit tc the Cerrinunit ,�
Development Director Park and Recreation Fees in accordance
with the Moorpark Municipal Code.
9. The intei�seetien ef "A"
inelude —a bus : ifneut a_-, with a bus telzielt ,,., if +-U.e
10. Prior to the issuance of a Zoning Clearance for filing of a
Final Map the
applicant °..L__ shall pay one -third (1/3) of the full
equivalent cost, including design, construction, and
inspection for the future traffic signalization at the
intersection of the northerly entry access road with the
North Hills Parkway as determined by the Director of Public
Works. In addition, the Applicant shall pay for fifty
percent (500) of the full equivalent cost, including
design, construction and inspection of the future traffic
signal at the intersection of North Hills Parkway and
Spring Road. The remaining portions of both traffic
siqnals _ - (. may be funded through
a Community Facilities
District (CFD) , if formed for the
project.
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MINE
•
_..— _ —
Prior to issuance of Zoning _Clearance for
a building permit, the app =icant shall sul;mit tc the Cerrinunit ,�
Development Director Park and Recreation Fees in accordance
with the Moorpark Municipal Code.
9. The intei�seetien ef "A"
inelude —a bus : ifneut a_-, with a bus telzielt ,,., if +-U.e
10. Prior to the issuance of a Zoning Clearance for filing of a
Final Map the
applicant °..L__ shall pay one -third (1/3) of the full
equivalent cost, including design, construction, and
inspection for the future traffic signalization at the
intersection of the northerly entry access road with the
North Hills Parkway as determined by the Director of Public
Works. In addition, the Applicant shall pay for fifty
percent (500) of the full equivalent cost, including
design, construction and inspection of the future traffic
signal at the intersection of North Hills Parkway and
Spring Road. The remaining portions of both traffic
siqnals _ - (. may be funded through
a Community Facilities
District (CFD) , if formed for the
project.
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11. Prior to the recordation of the Final Map, the
applicant shall dedicate vehicular access rights
to the City of Moorpark, along the entire project boundary
along Walnut Canyon Road, North Hills Parkway, and Wicks
Road. The aeeess ei-ive —fie ` °' i be eja4�eel and
Depay'tff-efllc Tege i- ieffl^nts. S of t
12. Prior to final occupancy of the first residential unit,
sound walls shall be constructed at locations along the
portions of the tract that are adversely affected by the
future traffic on the North Hills Parkway as indreaelin
the to the satisfaction of the
Community Development Director.
13. Prior to the approval of the Final Map or the issuance of a
Grading Permit (whichever comes first), the applicant shall
prepare engineering_ plans to the satisfaction of
the City Engineer and Community Development Director
showing the grade and the vertical and horizontal alignment
of a bridge to cross Walnut Canyon Road needed for the
construction of North Hills Parkway.
14. Prior to the issuance of a Zoning Clearance for filing of a
Final. Map, the applicant shal -1 create a
landscape maintenance district to pro,, °ide the perpetual
maintenance for landscaoinq im rovements provided by the
-- . - - -- — - - -- - - - -d--= - - - - --- i- o e e -- - p -v b ._.._
applicant along Walnut Canyon Road, Wicks Road, and North
Hills Parkway consistent with Standard Condition No. 15.
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15. Prior to the issuance of a_Zcning Clearance for filinq_of_ a
Final Map, the applicant shall include the
adjacent property to the east (APN 512 -0- 160 -155) within
the Tract boundary. The parcel shall be lettered lot
„O" . � - –s 1 mYZaf fashi:e.g as et _ _. eel- The
portions of the parcel which are not dedicated as right -of-
way for North Hills Parkway shall be maintained as an open
space lot by the Homeowners Association and _
.
_
9h- l l — bt deed restricted prohibiting -ys __ any
development _. on the property including, but
riot limited to ce —=nel�idc structures, roads, trails,
orchards, gardens, and any uses other than natural open
space and fuel modification.
16. Prior to the approval of the Final Map, the applicant shall
record deed restrictions on all common area parcels within
the tract as shown on the Lot Designation table in the
Staff Report dated December 11, 2003. These lots shall be
restricted as follows: Lot:PaL�ee! A shall be restricted to
allow only a detention basin and natural open space uses in
accordance with the conditions of this tract, to include
the establishment of an artificial spring and a minimal
private trail system, and excluding orchards or ornamental
planting; Lots ee B and C shall be restricted to allow
only drainage facilities and landscaping, which may include
ornamental, but not orchard planting, at the discretion of
the Community Development Director; L.otPar— ez D shall be
restricted to allow no structures or improvements, except
landscaping as approved by the Fire Prevention District;
LotPa =eel E shall be offered for dedication to the City of
Moorpark for road purposes, and if dedication is not
accepted, improvement shall be limited to the construction
of a roadway to provide primary access to the east;
Lots F,._I, & J shall be limited to use as private
streets and roads, to include such improvements as street
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Resolution No. 2003 -
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lights, fire hydrants, the placement of public
utilities•�t�- e, storm drain catch basins, sidewalks,
access gates, and other uses directly related to, and
customarily accompanying, street uses; Lots°ai-eels G & H
shall be restricted to active and passive recreational
uses, and any structures shall meet the setback
requirements of the seismic hazard zone, and shall not be
allowed unless specifically permitted through an
appropriate modification to Residential Planned Development
Permit No. 1998 -02; Lots K, K1r L & M shall be
restricted to ornamental landscaping and walkway purposes,
and structures shall not be permitted.
17. Prior to the approval of the Final Map, the applicant shall
create additional lots within from the existing open space
lots that shall serve as fuel modification zones subject to
the satisfaction of the Corr:munity Development_ Director and
the Fire District.- These lots shall have a depth that
shall equal the required distance of brush clearance and
fuel modification as required by the Fire Prevention
District. These lots shall be deed restricted to allow
only fuel modification activities, and the construction of
structures shall be prohibited. Prior to the issuance of a
Zoning Clearance _for fir.ai buildin ermit tire applicant
- - -- a i _ _. --u i l d - q---p --- -- - - - - -- - - - -t" - - - --
shall provide the Community Development Department with a
written acknowledgement _statement signed by the z
purchasers of lots adjacent to the fuel modification zones
indicating their - awarenesssha- ' i Be:L-ified ef the
___- _.t-___- of thet!-�ese fuel modification zones. The form of
the acknowledgement —ate shall be approved by the
aeknewle�.4ejeffie whieh � ea.
small subf;.ri te—the Community Development Director and City
Attorney prior to issuance of the first building permit.-
18. No extra ctl_on of subsurface mineral resources, grading,
excavation, arillin umpin g inin , or similar activity
- - - -- - - - -- - -- -- - - - -- _ _ _ _ _ -- m--- - - - - -- - - - - - -- -- -- - - - activity
shall be allowed in any portion or Lots h, B, C, D, -� -G,
H, K, K1, and N, or any additional open space lots created
to serve as fuel modification zones. Lots A, B, rvf D, �
and N, along with any additional open space lots created to
serve as fuel modification zones may include grading for
the __purpose for establishin and maintainin lUndscapin as
- -- -- - --- - l i q- ----------- -- -tai n - -g--- --�--d s --�------g - ---
part of a fuel modification -one as determined by the
Ccrrmunity Development Director and the Fire District.
19. Street lights shall be provided within the tract to the
satisfaction of the Community Development Director and the
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City Engineer. Street lights shall be privately maintained
by the project Homeowners Association in perpetuity_
20. Prior to the recordation of the Final Map, the
applicant_"_ppl _ eant shall construct its
proportionate share of improvements as identified by the
Interim Corridor Improvement Plan developed for Walnut
Canyon Road. The contribution of this project to the
proposed improvements shall be consistent with the Corridor
Plan as determined by the Director of Community Development
and City Engineer.
21. Prior to issuance of a Certificate of Occupancy for the
firstd_wellinq unit, construction of roadway improvements
to Walnut Canyon. Road shall. be combleted to the
satisfaction of _the City Engineer. The improvements along
Walnut Canyon Road associated with the project shall
include improvements along the full extent of the frontage,
as well as south of the property to Wicks Road, including
any standard offsite transitions determined necessary by
City Engineer and Caltrans. Improvements include, but are
not limited to dedication of land to provide a sixty -four-
foot (641) right -of -way, horizontal and vertical
realignment of Walnut Canyon Road in accordance with City
and Caltrans standards with no less than eight -foot (8')
paved shoulders, no less than twelve -foot (12') travel
lanes, and no less than twelve -foot (12') turning lanes. A
five -foot (51) wide concrete pedestrian walkway shall be
installed from the southern boundary of Tract 5405 along
the west side of Walnut Canyon Road. The pedestrian
facilities along the west side of Walnut Canyon Road shall
be extended to the north side of the intersection of Walnut
Canyon Road and Casey Road. Pedestrian facilities shall
meet all City and American Disabilities Act (ADA)
requirements. Crosswalk facilities will be constructed at
Casey Road for pedestrian access to the east side of Walnut
Canvon Road to the satisfaction of the City Engineer.
22. All access gates shall be constructed, to the satisfaction
of the Director- of Community Development, Fire Protection
District and the Moorpark Police Department, so as to allow
the opening of the gates to allow for emergency ingress or
egress in the event of a power failure.
24-.-23.Prior to the issuance of a zoning clearance for the first
dwelling unit, the Charles Street intersection with
Moorpark Avenues =a- True _ shall be re- striped to
provide proper pedestrian crossings and to maintain
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Resolution No. 2003 -
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clearance for northbound
satisfaction of the City En
left turn movements to the
ineer.—
Pp
F t r
Read, Rejada � _ ,
T - nei
. _. e e f ----fie
shall-
r r
f-er hat Eiete�-� fen.
Prior to the issuance of a Zoning
Clearance for filing of a Final Map,_ the applicant steal- fund
the pro -rata share of required improvements to the intersection
of Moorpark Avenue and High Street to ensure that project plus
cumulative traffic does not result in a reduction of Level of
Service to Level of Service D. Anticipated improvements to this
intersection include widening approaches to provide an
additional through lane, re- striping, providing signal timir:a
and coordination between Casey Road and High Street, completing
north and south bound lane approaches, and related pedestrian
improvements in the vicinity of the Moorpark Avenue /High Street
intersection. Moorpark Avenue to the north of the intersection
shall be widened to four (4) lanes without narrowing the
existing sidewalk. These improvements shall be completed under a
reimbursement agreement acceptable both to the City and to the
Applicant. Terms of reimbursement shall be as determined by the
Communitv Development Director and the City Engineer.
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- - - - -was - �s ii._� .�0� - - Ow�•i._w�Ca.a ��..v �
25. Prior to the issuance of a Zoning Clearance for filing of a
Final Map, the applicant shall participate in his /her pro -
rata share of the costs of intersection improvements for
Los Angeles Avenue /Tierra Rejada Road, Poindexter
Avenue /Moorpark Avenue, Los Angeles Avenue /Moorpark
Avenue, Los Angeles Avenue /Spring Road and Spring Road /High
Street. The pro -rata share of the improvement cost shall be
based on the impact of the project's 110 units to each of
the intersections using the traffic report dated October
30, 2000, by Associated Transportation Engineers for Tract
No. 5187, as a reference for that determination.
26. The applicant shall dedicate access rights to all private
streets within the proposed project to the City of
Moorpark.
27. Prior to issuance of a Zoning Clearance for a grading
permit, a proposed habitat restoration plan shall be
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Resolution No. 2003 -
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developed to ensure compensation for the loss of native
habitats that will occur as a result of project
development. The habitat restoration plan shall emphasize
the selective use of purple needle grass (Stipa pulchra)
and other native grasses in the landscape plan for the
property and include (subject to approval of the fire
department), the use of native plants common to Venturian
Coastal Sage Scrub habitat (e.g., Salvia apiana, Salvia
leucophylla, Artemisia California, Rhus integrifolia,
Eriogonum fasciculatum, Encelia California) in upland areas
surrounding the project that are disturbed as a result of
project development (geologic remediation, construction of
fire access roads, etc.).
2-6-.-28.Prior to any grading or construction activities of any
kind, the applicartjt shall have a field survey
conducted by a qualified biologist to determine if active
nests of bird species protected by the Migratory Bird
Treaty Act and /or the California Fish and Game Code are
present in the construction zone or within one - hundred feet
(1001) (two- hundred feet (200') for raptors) of the
construction zone. No earlier than forty -five (45) days and
no later than twenty (20) days prior to construction or
grading /site preparation activities that would occur during
the nesting /breeding season of native bird species
potentially nesting on the site, (typically February
through August) a report of this field survey shall be
submitted to the Community Development Director. If active
nests are found, a fence barrier shall be erected around
the nest site at least fifty feet (50') from the nest (this
distance may be greater depending on the bird species and
construction activity, as determined by the biologist).
Clearing and construction within the fenced area shall be
postponed or halted, at the discretion of the biological
monitor, until the nest is vacated and juveniles have
fledged, as determined by the biologist, and there is no
evidence of a second attempt at nesting. The biologist
shall serve as a construction monitor during those periods
when construction activities will occur near active nest
areas to ensure that no inadvertent impacts on these nests
will occur.
2-7- 29.Prior to issuance of the grading permit, the applicant
shall complete and submit to the City for
approval by the Community Development Director, a Habitat
Enhancement Plan (HEP). The plan shall apply to all
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existing or created on -site oak woodlands, riparian areas,
detention basins, and fuel modification zones. The purpose
of this plan shall be to increase the biological carrying
capacity of these areas.
2-9-30. Prior to the issuance of
a Zoning Clearance for filing of a Final Map, the
applicantA -p cni= shall show on the Final Map gated
private street entrance-a with a seventy- five -foot (75')
right -of -way with two (2) entry lanes into the project and
a turn - around area for vehicles denied entry. The entry
area and gates shall be designed to reflect a common
community architectural theme which is carried through to
the public entrance and the recreation building.
2-9- 31.Prior to the commencement of
the applicant shall
(rude ral) vegetation zones
easement/ dedication area are
degree feasible, restored to
surrounding native habitats.
any grading or construction,
ensure that the disturbed
within the conservation
cleared of debris and, to the
a state similar to dominant
4- 9- .32.The �p_Licant_ shall use native plants in the
restoration of areas disturbed by the construction of the
project. The City shall monitor the use of native plants
through review and approval of all project landscape plans.
Invasive plant species, as determined by the Community
Development Director, shall be prohibited.
4-1- 33.The permanent removal of approximately forty (40) trees
shall be replaced by the applicant__, at a 10:1
mitigation ratio by planting four - hundred (400) California
walnut trees in the private open space area. This tree may
also be used as one of several screening trees around the
southern perimeter of the development. Pepper trees
(Schinus molle) shall not be used in the tree planting
program. The trees should be planted dominantly within the
upland areas above the detention basin, in private open
space. Field research shall be conducted by a qualified
landscape architect to determine whether soils, drainage,
and compaction of the soil are suitable for survival of the
species in all areas where restoration is planned. To
ensure maximum survival rates, these replacement trees
shall be limited to one gallon specimens. If possible,
replacement plantings shall be derived from locally
harvested native walnuts in the upper reaches of Walnut
Canyon. Otherwise, if nursery stock is used for
restoration, no grafted stock shall be permitted. A
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Resolution No. 2003 -
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minimum of one - hundred -ten (110) additional trees, not less
than fifteen (15) gallons, six feet (6') tall when planted
with a one -inch (1 ") caliper, shall be planted in the
natural open space area, as approved by the Community
Development Director, to offset the value of the trees to
be removed. The landscape plan shall also incorporate
extensive tree landscaping including specimen size trees,
as approved by the Community Development Director. This
requirement is in addition to any trees required for graded
areas through submittal and approval of a landscape plan
and is not intended to substitute for .trees required under
provisions of the Tree Ordinance.
4i.34.Picief te-- appr-eval ef the — Final MapPrior to the issuance of
a Zoning Clearance for filing of a Final Map or issuance of
the final precise grading plan, the applicantAi plieant-
shall establish an artificial freshwater spring within the
private open space area in a location that will provide the
maximum potential for long -term use by native wildlife.
This spring is designed to replace regionally available
water sources that have been destroyed by cumulative
development. A qualified vertebrate biologist and botanist
or appropriate landscape professional shall designate the
location of these artificial springs. The sprinq shall be
placed in a location which is acceptable to the Community
Development Director. � _
f ei f . ail=
The artificial spring shall be maintained to provide year
round low flows in volumes similar to existing springs in
the Walnut Canyon area. The spring shall be vegetated with
native riparian plants, and shall include at least two (2)
Alders (Alnus rhombifolia), five (5) Sycamores (Platanus
racemosa), two (2) Cottonwood (Populus fremontii), three
(3) Arroyo Willow (Salix lasiolepis), four (4) Elderberry
(Sambucus mexicana), and five (5) Live Oak (Quercus
agrifolia). Trees shall not exceed five (5) gallon
container size (except for Willow) or be bare root at the
time of planting. A permanent supply of water
shall be provided. te- assufe the — pellpetuit -e€- the .
Adequate root guard protection shall be provided to reduce
mortality from rodent activity. The project Homeowners
Association shall be responsible for the long term
maintenance of the artificial spring as a component of the
private open space program.
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4-3--.35.Prior to the issuance of any grading permit, or clear and
grub activities not covered by the City's grading
ordinance, the applicant - shall obtain a Clean
Water Act Section 401 certification, and Section 404
permit, as required by the Regional Water Quality Control
Board and the Army Corps of Engineers. Additionally, a
Section 1603 Streambed Alteration Agreement shall be
entered into with the California Department of Fish and
Game. The Applicant shall adhere to all conditions of
these approvals.
rseST,• a (7-5 -) d-6dcl- rinq— unit, zn,
b e e f s a- few c-a-t. i enal inre ri:aation r- a n ei p- e -'g i t
frvter-ized vehiele- use.
4-_5--.-36.A minimally invasive trail system within Lot A shall be
devised for the open space area which, to the extent
feasible, avoids or minimizes impacts to stands of native
vegetation. The — d-esigar- ef the t-r-a s-tefa sha l pf —�efve-
o f ,a b— t e—enh a n e e —tom e— po-tential: — value -- f er jjj:Id3: €e : A 11
motorized vehicles shall be physically prohibited from
entering the private open space conservation area. Prior
to the approval of the Final Map, the site plan shall be
revised to include the dedicated trail alignment across the
open space. The trail system shall be constructed as a
minor multi -use trail and access to the area shall
otherwise be restricted. The trail system shall be
completed prior to occupancy of the seventy -fifth (75th)
dwelling unit.
4- 6-.37.Off- road - vehicle use on property within the project
boundaries shall be prohibited (except upon approved
private streets and maintenance roads). The CC &R's for
this project shall specify fines for unauthorized use of
off -road vehicles. Developer shall post signs at entries to
project to allow police enforcement of requirements.
-3-:�-.38.Prior to the issuance of a zoning clearance for the first
dwelling unit, the applicant shall install
perimeter fencing in areas where future residents could
obtain access to surrounding private lands. The design and
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Resolution No. 2003 -
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location of the fencing shall be to the satisfaction and
approval of the Community Development Director.
34. Pile r o e the =issidane e—e f b td-1 dig
39. Prior to the initiation of grading, the applicant -LLhe
shall provide proof to the Community Development
Director that an archeological monitor has been employed by
the Applicant during each phase of grading to monitor
initial grading for items of archeological significance.
The monitor shall have the authority to stop grading
activity in a given area to allow sufficient time for the
collection and evaluation of artifacts.
40. A paleontological mitigation plan outlining the procedures
for paleontological data recovery shall be prepared and
submitted to the Community Development Director for review
and approval prior to the issuance of a grading permit for
the project. The development and implementation of this
program shall include consultations between the City's
consulting geologist and the applicant's engineering
geologist. The monitoring and data recovery should include
periodic inspections of excavations to recover exposed
fossil materials. The cost of the recovery shall be
limited to the discovery of a reasonable sample of
material, as determined by the Community Development
Director.
41. Appropriate design of both grading and structures shall be
implemented to reduce risks associated with seismic shaking
to the standards established by the most recently adopted
Uniform Building Code and to the satisfaction of the City
Engineer and City Building Official. Additional studies
shall be performed by the applicant as required
to enable the determination of appropriate standards of
grading and construction.
42. Prior to the issuance of a grading permit, the applicant
shall show all existing landslides on the
grading plans. The grading plans shall reflect the removal
and re- compacted of the landslides to the satisfaction of
the City Engineer.
43. Prior to the issuance of a grading permit, the
applicant - shall provide proof to the City Engineer
that all known faults and fault traces have been mapped.
An engineering geologist shall be retained on site by the
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Applicant to evaluate any previously unknown fault traces
for recent activity (within the past 11,000 years). Any
faults or traces shall be mapped according to currently
accepted industry practice. No structures shall be allowed
within fifty feet (50') of an active fault or trace.
Structures placed near inactive faults or traces shall be
designed to meet the structural standards of the Uniform
Building Code which address the demands of ground shaking
and the associated secondary ground movement along the
inactive fault or trace.
44. Prior to the issuance of a Zoning Clearance for the
firsts bul.ldina permit, the applicant shall provide the
- Community- Dev-e- l me t - D-e� part- m e- nt -- -w- ith -- - a - - - --
written
acknowledgement statement signed by the purchasers of lots
within the project indicating their awareness of the fault
trace and associated issues. The form_ of the
acknowledgement shall be app. -aved by _ the Car= tin ity
Development Director and City Attorney -- 1
theft
45. Prior to the issuance of a grading permit, the
appicant shall show on the grading plans
appropriate design of both grading and structures to reduce
risks associated with landslides, expansive soils,
liquefaction and subsidence to the standards established by
the most recently adopted Uniform Building Code and to the
satisfaction of the City Engineer and City Building
Official. Additional studies shall be performed by the
Applicant as required to enable the determination of
appropriate standards of grading and construction.
46. Prior to the issuance of a grading permit, the
applicant shall show on the grading plans all
drainage facilities that are proposed to be constructed to
accommodate the runoff volumes required to avoid off -site
impacts, to the satisfaction of the City Engineer. These
volumes shall include the anticipated additional runoff
from the grading required for the extension of North Hills
Parkway to the future Spring Road extension. The Applicant
shall ensure that all drainage facilities, detention
facilities, and NPDES facilities employ appropriate Best
Management Practices (BMP's), to the satisfaction of the
City Engineer.
47. The applicant. shall show as part of the grading
plan an on -site parking area designated for all
construction employees, as well as for the staging of
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construction equipment. This area shall be away from
existing residential structures, the location and design
shall be to the satisfaction of the Community Development
Director.
48. Prior to the beginning of each grading phase, the
_applicant shall develop construction and grading
activity schedules and submit the proposed schedule to the
City Engineer and the Community Development Director for
review and approval. The schedule shall include a verbatim
quote of the City's regulations with regard to construction
times, as set forth in the City's Noise Ordinance. All
construction and grading activities shall adhere to the
City's Noise Ordinance requirements. Once the schedule has
been approved by the City Engineer and the Community
Development Director, the applicant' shall deliver
one copy to each residence at least five working days prior
to the start of grading or construction.
44 The —1_ lTt T z NNi i 4 shall lfftplefaenmt- la-r affix
Fireasties to— ne1,de tl=ie installatien —ef neeessafy ,nevi ees
and - --G a l T r a n s. These fcre a s u L-e S— chi rd-,!-e r d-e y i e e s shall
t�
en Walnut Ganyen Read, and at the 4:ntei=seetien ef W4:eks
Read anei Walnut Ganyen Read, the r
-5-0:49.All existing and proposed utilities shall be under
grounded as approved by the City Engineer, including under -
grounding of all utility poles along the east anal west
side-& of Walnut Canyon Road extending from the northerly
boundary of the tract to the south side of Wicks Road.
iJ ,00n the recommendation of the City Engineer and the
_Community Development Director, the City Manager may
authorize a cash payment in lieu of the
construction of improvements.
-5-I:50.The arplicar
Transportation
in the amount
payment shall_
Director prior
iinit -
it shall pay _to _
Department a Traffic
of $17,099.50. A i
be_ presented to the
to the occupancy of
the - _Jentura - - -- Count
Tmpact Mitigation Fee
eceipt evidencing such
Co:<munit�� Development
the first residential
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51. The effective date of apuroval
Map No. 5130 shall_ be on
following the second reading
Zone Chanqe No 1998 -01.
for Vesting Tentative Tract
the thirty- first(31st) day
of the ordinance approving
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STANDARD CONDITIONS
A. For compliance with the following conditions contact the
Planning Division of the Community Development Department:
1. The conditions of approval of this Tentative Tract Map and
all provisions of the Subdivision Map Act, City of Moorpark
Ordinances and adopted City policies at the time of
tentative map approval supersede all conflicting notations,
specifications, dimensions, typical sections and the like
which may be shown on said map.
2. Recordation of this subdivision shall be deemed to be
acceptance by the Applicant and his /her heirs, assigns, and
successors of the conditions of this Map. A notation which
references conditions of approval shall be included on the
Final Map in a format acceptable to the Community
Development Director.
3. This Tentative Tract Map shall expire three (3) years from
the date of its approval. The Community Development
Director may, at his /her discretion, grant up to two (2)
additional one (1) year extensions for map recordation, if
there have been no changes in the adjacent areas and if
Applicant can document that he /she has diligently worked
towards map recordation during the initial period of time.
The request for extension of this entitlement shall be made
in writing, at least thirty (30) days prior to the
expiration date of this approval.
4. The Applicant shall defend, indemnify and hold harmless the
City and its agents, officers and employees from any claim,
action or proceeding against the City or its agents,
officers or employees to attack, set aside, void, or annul
any approval by the City or any of its agencies,
departments, commissions, agents, officers, or employees
concerning the subdivision, which claim, action or
proceeding is brought within the time period provided
therefore in Government Code Section 66499.37. The City
will promptly notify the Applicant of any such claim,
action or proceeding, and, if the City should fail to do so
or should fail to cooperate fully in the defense, the
Applicant shall not thereafter be responsible to defend,
indemnify and hold harmless the City or its agents,
officers and employees pursuant to this condition.
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a. The City may, within its unlimited discretion,
participate in the defense of any such claim, action
or proceeding if both of the following occur:
i. The City bears its own attorney fees and costs;
ii. The City defends the claim, action or proceeding
in good faith.
b. The Applicant shall not be required to pay or perform
any settlement of such claim, action or proceeding
unless the settlement is approved by the Applicant.
The Applicant's obligations under this condition shall
apply regardless of whether a Final Map is ultimately
recorded with respect to the subdivision.
5. No conditions of this entitlement shall be interpreted as
permitting or requiring any violation of law or any
unlawful rules or regulations or orders of an authorized
governmental agency. All mitigation measures are
requirements of the Tentative Tract Map and Residential
Planned Development Permit, as applicable.
6. If any of the conditions or limitations of this approval
are held to be invalid, that holding shall not invalidate
any of the remaining conditions or limitations set forth.
7. Where conflict or duplication between the MMRP and the
conditions of approval occurs and applicability for
compliance is questioned by the Applicant, the Community
Development Director shall determine the applicable
condition compliance requirements for each phase of
development.
8. P -iei te —P? pfeval e Prior to the issuance of
a Zoning Clearance for filing of a Final Map, the Applicant
shall submit to the Community Development Department and
the City Engineer for review a current title report which
clearly states all interested parties and lenders included
within the limits of the subdivision as well as any
easements that affect the subdivision.
9. Prior to the issuance of
a Zoning Clearance for filing of a Final Map, the Applicant
shall pay to the City a fee for the image conversion of the
final map and improvement plans, as determined by the
Community Development Director, into an electronic imaging
format acceptable to the City Clerk.
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10. The Applicant shall pay all outstanding case processing
(Planning and Engineering) , and all applicable City legal
service fees within sixty (60) days of approval of this
Vesting Tentative Tract Map. The Applicant, permittee, or
successors in interest shall also submit to the Department
of Community Development a fee to cover costs incurred by
the City for Condition Compliance review of the Tentative
Map.
11. Prior to issuance of a Zoning Clearance for grading,
Applicant shall submit a complete Landscape Plan, together
with specifications and a separate Maintenance Plan. The
Landscape Plan shall encompass all areas required to be
planted consistent with these conditions of approval. The
Landscape Plan shall be reviewed by the City's Landscape
Architect Consultant and approved by the Community
Development Director prior to Zoning Clearance for grading
permit, or first Final Map approval, whichever occurs
first. The Landscape Plan shall conform to the latest City
of Moorpark Landscape Guidelines and Standards.
12. Prior to the issuance of a zoning clearance for grading
the Applicant shall submit to the Community Development
Director for review and approval a fencing, perimeter,
gate, and privacy barrier wall plan, complete with related
landscaping details, identifying the materials to be used
and proposed wall heights and. All fences /walls along lot
boundaries shall be in place prior to occupancy of each
lot, unless timing for installation is otherwise stated in
these conditions. Where applicable prior to approval of the
final fence /wall plan, the Community Development Director
shall approve the connection of property line wall with
existing fences and or walls on adjacent residential
properties. The Applicant is required at his /her sole
expense to connect or reconstruct adjacent residential
walls and or fences to the project perimeter wall utilizing
the same type of material that comprises existing walls and
or fences that are to be connected to the project perimeter
wall.
13. The Applicant shall submit fence /wall and landscaping plans
showing that provisions have been taken to provide for and
maintain proper sight distances. All fences, walls and
other structures shall be submitted for review and approval
by the Community Development Director.
14. Prior to Final Map approval, the Applicant shall provide an
irrevocable offer to dedicate to the City any easements
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required for the City to access and maintain any landscaped
areas or drainage improvements outside of the public right -
of -way, which have been designated to be maintained by the
City.
15. Prior to Final Map approval for any phase, the Applicant
shall also provide to the City a signed Petition /Waiver a)
requesting formation of an Assessment District to fund
future costs for the maintenance of any landscaping and /or
drainage facilities designated to be maintained by the
City, and b) waiving all rights conferred by Proposition
218 with regard to the right -to protest any such
assessments. Said Petition and Waiver shall include, as an
Exhibit, an Engineer's Report fully setting forth a
description of the assessment district and the assessments,
consistent with the requirements of the California Streets
and Highways Code. Said report shall be prepared by a
consultant to be retained by the City. The Applicant shall
pay to the City a five - thousand dollars ($5,000)— aevenee
deposit to fund the cost of the Engineer's Report, city
staff costs _arid -citx overhead expenses of fifteen percent
(15%) on all out -of- pocket costs. If additional funds are
needed to perform the costs related to said district,
applicant shall promptly aeEosit it with the City. In the
event it is determined that there will be no landscaping or
extraordinary drainage improvements to be maintained by the
City, the Community Development Director may waive this
condition with the concurrence of the City Manager.
16. Prior to Final Map approval, the City Council shall
determine which areas shall be maintained by a maintenance
assessment district.
17. Within two (2) days after the City Council adoption of a
resolution approving this project, the Applicant shall
submit to the City of Moorpark a check for of one- thousand-
one- hundred -fifty dollars ($1,250.00) plus a check for
twenty -five dollar ($25.00) filing fee, both payable to the
County of Ventura, to comply with Assembly Bill 3158, for
the management and protection of Statewide Fish and
Wildlife Trust Resources. Pursuant to Public Resources Code
Section 21089, and Fish and Game Code Section 711.4, the
project is not operative, vested or final until the filing
fees are paid.
18. The Applicant shall pay to the City capital improvement,
development, and processing fees at the rate and amount in
effect at the time the fee is required to be paid. Said
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fees shall include but not be limited to Library Facilities
Fees, Police Facilities Fees, Fire Facilities Fees,
entitlement processing fees, and plan check and permit fees
for buildings and public improvements. Further, unless
specifically exempted by City Council, the Applicant is
subject to all fees imposed by City as of the issuance of
the first permit for construction and such future fees
imposed as determined by City in its sole discretion so
long as said fee is imposed on similarly situated
properties.
19. During construction, the Applicant shall allow all persons
holding a valid cable television franchise issued by the
City of Moorpark ( "Cable Franchisees ") to install any
equipment or infrastructure (including conduit, power
supplies, and switching equipment) necessary to provide
Franchisee's services to all parcels and lots in the
Project. The Applicant shall provide notice of its
construction schedule to all Cable Franchisees sufficiently
in advance of construction to allow the Cable Franchisees
to coordinate installation of their equipment and
infrastructure with that schedule. City shall provide the
Applicant a list of Cable Franchisees upon the Applicant's
request.
20. Prior to approval of Zoning Clearance for residential unit
building permit, the Applicant shall pay fees in accordance
with Section 8297 -4 of the City's Subdivision Ordinance
(Parks and Recreation Facilities).
B. For compliance with the following conditions please contact
the City Engineer:
General Conditions:
21. Prior to the recordation of the Final Map the Applicant
shall post sufficient surety guaranteeing completion of all
site improvements within the development and offsite
improvements required by the conditions as described herein
(i.e., grading, street improvements, storm drain
improvements, landscaping, fencing, bridges, etc.) or which
require removal (i.e., access ways, temporary debris
basins, etc.) in a form acceptable to the City.
22. Prior to the issuance of a grading permit or prior to the
approval of a Final Map the Applicant shall indicate in
writing to the City the disposition of any wells that may
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exist within the project. If any wells are proposed to be
abandoned, or if they are abandoned and have not been
properly sealed, they must be destroyed or abandoned per
Ventura County Ordinance No. 2372 or Ordinance No. 3991 and
per Division of Oil and Gas requirements. Permits for any
well reuse (if applicable) shall conform to Reuse Permit
procedures administered by the County Water Resources
Development Department.
23. If hazardous materials are found on the site, the Developer
shall stop all work and notify the City immediately. The
Developer shall develop a plan that meets City, State and
Federal requirements for its disposal.
24. The Applicant shall comply with all pertinent County of
Ventura Public Works Department water and sewer connection
regulations implemented by the County of Ventura Public
Works Department Waterworks District No. 1.
25. All existing and proposed utilities shall be under grounded
as approved by the City Engineer. This also includes all
existing above ground power lines adjacent to the project
site that are less than 67Kv.
26. Prior to improvement plan approval, the Applicant shall
submit plans to the Ventura County Fire Prevention Division
and obtain the approval of the location of fire hydrants.
27. The Applicant shall provide all easements and rights -of -way
granted to the City free and clear of all liens and
encumbrances.
28. Prior to any work being conducted within any State, County,
or City right of way, the Applicant shall obtain all
necessary encroachment permits from the appropriate
Agencies. Copies of these approved permits shall be
provided to the City Engineer.
29. Prior to the approval of Final Map the Applicant shall
submit to the Community Development Department and the
City Engineer for review a current title report, which
clearly states all interested parties and lenders included
within the limits of the subdivision as well as any
easements that affect the subdivision.
30. Any mapping that requires review and approval by the County
of Ventura shall be concurrently submitted to the City
Engineer for review and approval. The Applicant shall be
responsible for all associated fees and review costs.
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31. The Final Map shall be prepared by a California Registered
Engineer meeting all of the provisions of the Subdivision
Map Act.
32. Any lot -to -lot drainage easements and secondary drainage
easement shall be delineated on the Final Map. Assurance in
the form of an agreement shall be provided to the City that
these easements shall be adequately maintained by property
owners to safely convey storm water flows. Said agreement
shall be submitted to the City Engineer for review and
approval and shall include provisions for the owners
association to maintain any private storm drain or National
Pollution Discharge Elimination System, hereinafter NPDES
system not maintained by a City Assessment District and
shall be a durable agreement that is binding upon each
future property owner of each lot.
33. On the Final Map, the Applicant shall offer to dedicate to
the City of Moorpark all rights -of -way for public streets.
34. Prior to submittal of the Final Map for review and
approval, the Applicant shall transmit by certified mail a
copy of the conditionally approved Tentative Map together
with a copy of Section 66436 of the State Subdivision Map
Act to each public entity or public utility that is an
easement holder of record. Written evidence of compliance
shall be submitted to the City Engineer.
35. All development areas and lots shall be designed and graded
so that surface drainage is directed to acceptable
locations or natural or improved drainage courses as
approved by the City Engineer. Altered drainage methods and
patterns onto adjacent properties shall not be allowed
without mitigation.
36. ROC, NOx and dust during construction grading shall meet
the suppression requirement of the Ventura County Air
Pollution Control District and the City of Moorpark.
37. Temporary erosion control measures shall be used during the
construction process to minimize water quality effects.
Specific measures to be applied shall be identified in the
project Erosion and Sediment Control Plan
38. To minimize the water quality effects of permanent erosion
sources, appropriate design features shall be incorporated
into the project grading plan to the satisfaction of the
City Engineer. The City Engineer shall review and approve
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the grading plan to verify compliance with Best Management
Practices features.
39. The following measures shall be implemented during all
construction activities throughout build out of the project
to minimize the impacts of project - related noise in the
vicinity of the proposed project site:
a. Construction activities shall be limited to between
the following hours: a) 7:00 a.m. to 6 p.m. Monday
through Friday, and b) 9:00 a.m. to 6:00 p.m.
Saturday. Construction work on Saturdays will require
payment of a premium for City inspection services and
may be further restricted or prohibited should be City
receive complaints from adjacent property owners. No
construction work is to be done on Sundays and City
observed holidays pursuant to Section 15.26.010 of the
Municipal Code.
b. Truck noise from hauling operations shall be minimized
through establishing hauling routes that avoid
residential areas and requiring that "Jake Brakes" not
be used along the haul route within the City. The
hauling plan must be identified as part of the grading
plan and shall be approved by the City Engineer.
C. The Developer shall ensure that construction equipment
is fitted with modern sound - reduction equipment.
d. Stationary noise sources that exceed 70 dBA of
continuous noise generation (at 50 feet) shall be
shielded with temporary barriers if existing
residences are within 350 feet of the noise source.
e. Designated parking areas for construction worker
vehicles and for materials storage and assembly shall
be provided. These areas shall be set back as far as
possible from or otherwise shielded from existing
surrounding rural residential neighborhoods.
f. Property owners and residents located within six -
hundred feet (600') of the project site, shall be
notified in writing on a monthly basis of construction
schedules involving major grading, including when
clearing and grading is to begin. The project
developer shall notify adjacent residents and property
owners by Certified Mail- Return Receipt Requested of
the starting date for removal of vegetation and
commencement of site grading. The content of this
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required communication shall be approved by the City
Engineer in advance of its mailing and the return
receipts, evidencing United States mail delivery,
shall be provided to the Engineering Department.
g. A construction effects program shall be prepared and
submitted to the City after completion and occupancy
of the first phase of project build out. This program
shall protect, to the degree feasible, new residents
from the impacts of sustained construction.
40. The Applicant shall submit to the City of Moorpark for
review and approval, a rough grading plan, consistent with
the approved Tentative Map, prepared by a Registered Civil
Engineer, shall enter into an agreement with the City of
Moorpark to complete public improvements and shall post
sufficient surety guaranteeing the construction of all
improvements.
41. The final grading plan shall meet all Uniform Building Code
(UBC) and City of Moorpark standards including slope
setback requirements at lot lines, streets and adjacent to
offsite lots.
42. Concurrent with submittal of the rough grading plan a
sediment and erosion control plan shall be submitted to the
City for review and approval by the City Engineer. The
design shall include measures for irrigation and
hydroseeding on all graded areas within thirty (30) days of
completion of grading unless otherwise approved by the City
Engineer. Reclaimed water shall be used for dust control
during grading, if available from Ventura County Waterworks
District No. 1.
43. This project is projected to import soils onsite.
Import /export operations requiring an excess of one - hundred
(100) total truckloads or one - thousand (1,000) cubic yards
of material shall require City Council approval prior to
the commencement of hauling or staged grading operations. A
haul route is to be submitted for review and approval by
the City Engineer and Community Development Director.
Additional surety for the cleaning and /or repair of the
streets shall be required as directed by the City Engineer.
44. All requests for staged grading shall be submitted in
writing to the City Engineer for review and approval by the
City Council.
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45. Temporary irrigation, hydroseeding and erosion control
measures shall be implemented on all temporary grading.
Temporary grading is defined to be any grading partially
completed and any disturbance of existing natural
conditions due to construction activity. These measures
will apply to a temporary or permanent grading activity
that remains or is anticipated to remain unfinished or
undisturbed in its altered condition for a period of time
greater than thirty (30) days except that during the rainy
season these measures will be implemented immediately.
46. The maximum gradient for any slope shall not exceed a 2:1
slope inclination except where special circumstances exist.
In the case of special circumstances where steeper slopes
are warranted a certified soil engineer will review plans
and their recommendations will be subject to the review and
approval of the City Engineer and the Community Development
Director.
47. All graded slopes shall be planted in a timely manner with
groundcover, trees and shrubs that will stabilize slopes
and minimize erosion. The planting will be to the
satisfaction of the Community Development Director and the
City Engineer.
48. So as to reduce debris from entering sidewalk and streets,
the approved grading plan shall show a slough wall,
approximately eighteen inches (18 ") high, with curb outlet
drainage to be constructed behind the back of the sidewalk
where slopes exceeding four feet (4') in height are
adjacent to sidewalk. The Applicant shall use the City's
standard slough wall detail during the design and
construction. The City Engineer and Community Development
Director shall approve all material for the construction of
the wall.
49. Prior to any work being conducted within any State, County,
or City right of way, the Developer shall obtain all
necessary encroachment permits from the appropriate
Agencies. Copies of these approved permits will be provided
to the City Engineer.
50. During site preparation and construction, the Applicant
shall minimize disturbance of natural groundcover on the
project site until such activity is required for grading
and construction purposes.
51. During smog season (May - October) the City shall order that
construction cease during Stage III alerts to minimize the
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number of vehicles and equipment operating, lower ozone
levels and protect equipment operators from excessive smog
levels. The City, at its discretion, may also limit
construction during Stage II alerts.
52. If any hazardous waste is encountered during the
construction of this project, all work shall be immediately
stopped and the Ventura County Environmental Health
Department, the Fire Department, the Sheriff's Department,
and the City Engineer shall be notified immediately. Work
shall not proceed until clearance has been issued by all of
these agencies.
53. The Applicant shall utilize all prudent and reasonable
measures (including installation of a six -foot (6') high
chain link fence around the construction sites or provision
of a full time licensed security guard) to prevent
unauthorized persons from entering the work site at any
time and to protect the public from accidents and injury.
54. Backfill of any pipe or conduit shall be in four -inch (4 ")
fully compacted layers unless otherwise specified by the
City Engineer.
55. Soil testing for trench compaction shall be performed on
all trenching and shall be done not less than once every
two feet (2') of lift and one - hundred (100) lineal feet of
trench excavated. Test locations shall be noted using
street stationing with offsets from street centerlines.
56. All vehicles in the construction area shall observe a
fifteen -mile per hour (15 mph) speed limit for the
construction area at all times.
57. During site preparation and construction, the Applicant
shall construct temporary storm water diversion structures
per City of Moorpark standards.
58. The entire site shall be graded at the same time. Pads
shall be graded, planted and landscaped to the satisfaction
of the City Engineer.
59. Prior to submittal of grading plans the Applicant shall
have a geotechnical report prepared to the satisfaction of
the City Engineer.
60. Prior to issuance of a building permit, all habitable
structures shall be designed to current UBC requirements or
the City approved geotechnical report requirements for the
project, whichever standard is most restrictive.
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61. Prior to issuance of a building permit, an as- graded
geotechnical report and rough grading certification shall
be submitted to and approved by the City Engineer and
Geotechnical Engineer.
62. In accordance with Business and Professions Code 8771 the
street improvement plans shall provide for a surveyor's
statement on the plans, certifying that all recorded
monuments in the construction area have been located and
tied out or will be protected in place during construction.
63,. Monuments shall meet the City of Moorpark, County of
Ventura Standards and shall be to the satisfaction of the
City Engineer.
64. Prior to the issuance of a Zoning Clearance for
construction for each residential unit, the Applicant shall
make a contribution to the Moorpark Traffic Systems
Management (TSM) Fund of one- thousand- f_ivefeur- hundred-
eighty- eighty dollars ($1,588.00) per
residential unit to fund TSM programs or clean -fuel
vehicles programs as determined by the City. Commencing on
January 1, 2005, and annually thereafter the Air Quality
Fee shall be adjusted by any increase in the Consumer Price
Index (CPI) until all fees have been paid. The CPI
increase shall be determined by using the information
provided by the U.S. Department of Labor, Bureau of Labor
Statistics, for all urban consumers within the Los
Angeles /Anaheim /Riverside metropolitan area during the
prior year. The calculation shall be made using the month
of December over the prior month of December. In the event
there is a decrease in the CPI for any annual indexing, the
fee shall remain at its then current amount until such time
as the next subsequent annual indexing which results in an
increase.
65. As a condition of the issuance of a building permit for
each residential unit, Developer shall pay City a traffic
mitigation fee as described herein ( "Citywide Traffic
Fee "). The Citywide Traffic Fee may be expended by the City
in its sole and unfettered discretion. On the effective
date of approval of this map, the amount of the Citywide
Traffic Fee shall be four- thousand - sire- hundred- sixty-
four `1 n _ dollars ($4,664) per dwelling unit.
Commencing January 1, 20052934 and annually thereafter,
the Citywide Traffic Fee shall be increased to reflect the
change in the State Highway Bid Price Index for the twelve
(12) month period that is reported in the latest issue of
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the Engineering News Record that is available on December
31 of the preceding year ( "annual indexing "). In the event
there is a decrease in the referenced Index for any annual
indexing, the Citywide Traffic Fee shall remain at its then
current amount until such time as the next subsequent
annual indexing which results in an increase.
66. The Applicant shall contribute to the Los Angeles Avenue
Area of Contribution (AOC) Fee Program. The Los Angeles
Avenue AOC Fee shall be paid in accordance with City
Council adopted AOC fee requirements in effect at the time
of building permit application. The AOC Fee shall be paid
prior to the issuance of Zoning Clearance for each building
permit.
67. Prior to or concurrently with the Final Map and prior to
any construction on State Highways an encroachment permit
shall be obtained from Caltrans. Any additional rights -of-
way required to implement the approved design for this work
in the Caltrans right -of -way, including slope easements for
future grading, shall be acquired by the Applicant and
dedicated to the State in a manner acceptable to Caltrans
and the City Engineer. All required dedications shall be
illustrated on the Final Map. Proof of encroachment or
other non -City permits and bonds shall be provided to the
City Engineer prior to the start of any grading or
construction activities.
68. Prior to or concurrently with the Final Map and prior to
any construction for all streets, except for those under
the jurisdiction of Caltrans the Applicant shall submit to
the City of Moorpark for review and approval, street
improvement plans prepared by a California Registered Civil
Engineer, enter into an agreement with the City of Moorpark
to complete public improvements, and post sufficient surety
guaranteeing the construction of all improvements. Public
streets shall conform to City of Moorpark requirements
including all applicable ADA requirements. Street
improvements shall be acceptable to the City Engineer and
Community Development Director.
69. All public and private streets shall conform to the design
requirements of the Ventura County Road Standards (most
recent revision), unless noted otherwise in the Conditions.
70. The street improvements shall include concrete curb and
gutter, street lights, and signing, striping, interim
striping and traffic control, paving, and any necessary
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transitions, to the satisfaction of the City Engineer. The
City Engineer and the Community Development Director shall
approve all driveway locations. The Applicant shall
dedicate any additional right -of -way necessary to make all
of the required improvements.
71. Driveways shall be designed in accordance with the latest
American Public Works Association (APWA) Standards.
72. Above ground obstructions (utility cabinets, mailboxes,
etc.) are to be placed within the right -of -way landscaping
areas. When above ground obstructions are to be placed
within the sidewalk, a minimum three and one -half feet
(3.51) clear sidewalk width must be provided around the
obstruction.
73. The Applicant shall submit wall and landscaping plans
showing that provisions have been taken to provide for and
maintain proper sight distances. All fences, walls and
other structures over six feet (61) high are to be
submitted to and approved by the Community Development
Director and the City Engineer.
74. Any right -of -way acquisition necessary to complete the
required improvements shall be acquired by the Applicant at
the Applicant's expense.
75. Street lights shall be provided on the improvement plans
per Ventura County Standards and as approved by the City
Engineer. Prior to Final Map recordation, the Applicant
shall pay all energy costs associated with public street
lighting for a period of one year from the acceptance of
the street improvements.
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76. Prior to or concurrently with the Final Map the Applicant
shall submit to the City of Moorpark for review and
approval, drainage plans; hydrologic and hydraulic
calculations prepared by a California Registered Civil
Engineer; shall enter into an agreement with the City of
Moorpark to complete improvements and shall post sufficient
surety guaranteeing the construction of all improvements.
77. The plans shall depict all on -site and off -site drainage
structures required by the City.
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78. The drainage plans and calculations shall relate to
conditions before and after development. Quantities of
water, water flow rates, major watercourses, drainage areas
and patterns, diversions, collection systems, flood hazard
areas, sumps, sump locations, detention and NPDES
facilities and drainage courses will be addressed.
79. Hydrology shall be per the current Ventura County Flood
Control Standards except as follows:
a. All storm drains shall carry a ten -year (10 yr)
frequency storm.
b. All catch basins shall carry a ten -year (10 yr)
frequency storm.
C. All catch basins in a sump condition shall be sized
such that depth of water at intake shall equal the
depth of the approach flows.
d. All culverts shall carry a one - hundred -year (100 yr)
frequency storm.
80. Surface flows shall be intercepted, detained and given
sufficient time to provide storm water clarification by
"passive" BMP systems prior to entering collector or storm
drain systems.
81. Under a ten -year (10 yr) frequency storm, local,
residential and private streets shall have one dry travel
lane available on interior residential streets. Collector
streets shall have a minimum of one dry travel lane in each
direction.
82. "After- development" drainage to adjacent parcels shall not
be increased above "Pre- development" drainage quantities
nor will surface runoff be concentrated by this
development. All drainage measures necessary to take care
of storm water flows shall be provided to the satisfaction
of the City Engineer.
83. Drainage grates shall not be used at any location
accessible by pedestrian, bicycle or equestrian traffic.
84. Prior to the issuance of a Zoning Cl.earar.ce f.or filing
of a Final Neap or the issuance of a Grading Permit
(whichever comes_ first) , the applicant sha11 =r I are
engineering plans to the satisfaction of the City Engineer
and the Community Development_Diretor showing the grade and
the vertical and horizontal alianment of a bridge to cross
Walnut C:anvon Road needed over the North Hills Parkway.
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4 -4.85. The grading plan shall also show contours indicating
the fifty- and one - hundred -year (50 & 100 yr) flood levels.
4-5-86. All flows that have gone through flow attenuation and
clarification by use of acceptable BMP systems and are
flowing within brow ditches, ribbon gutters, storm drain
channels, area drains and similar devices shall be
deposited directly into the storm drain system and shall be
restricted from entering streets. If necessary, the storm
drain system shall be extended to accept these flows. Both
storm drains and easements outside the public right -of -way
are to be privately maintained unless otherwise approved by
the City Council.
4-6—.87. Concrete surface drainage structures exposed to the
public view, shall be tan colored concrete, as approved by
the Community Development Director, and to the extent
possible shall incorporate natural structure and landscape
to reduce their visibility.
4T88. In order to comply with California Regional Water
Quality Control Board requirements no curb outlets will be
allowed for pad drainage onto the street. The Applicant
shall inform all new and future homeowners that future
improvements such as pool construction or other private
improvements require observance of the same requirements.
This notification agreement shall be acknowledged by each
homeowner and recorded with each.
589. Drainage devices for the development shall be designed
and installed with all necessary appurtenances to safely
contain and convey storm flows to their final point of
discharge to the satisfaction of the City Engineer.
I4-9-90. A hydraulic /hydrologic study shall be prepared which
analyzes the hydraulic capacity of the drainage system,
with and without the storm drain system for the proposed
development. The Applicant shall make any downstream
improvements, required by the City, to support the proposed
development.
991. Improvements shall be constructed to detain drainage
on -site when the drainage amount is between the ten -year
and fifty -year storm event. A rainfall intensity Zone K
shall be utilized in the design unless alternate design
intensity is approved by the City Engineer.
I-9- -1-92. Prior to the issuance of a grading permit the
Applicant shall demonstrate, for each building pad within
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the development area, that the following restrictions and
protections can be put in place to the satisfaction of the
City Engineer:
a. Adequate protection from a one - hundred -year (100 yr)
frequency storm;
b. Feasible access during a fifty -year (50yr) frequency
storm.
C. Hydrology calculations shall be per current Ventura
County Flood Control Standards.
d. All structures proposed within the one - hundred -year
(100 yr) flood zone shall be elevated at least one
foot above the one - hundred -year (100 yr) flood level.
493. The Applicant shall provide for all necessary on -site
and off -site storm drain facilities to the satisfaction of
the City Engineer to accommodate upstream and on -site
flows. Facilities, as shown on existing drainage studies
and approved by the City Engineer, shall be delineated on
the final drainage plans. Either on -site detention basins
or storm water acceptance deeds from off -site property
owners must be specified.
43-94. The design of the storm drain system shall provide for
adequate width easements for future maintenance and
reconstruction of facilities particularly those facilities
that are deeper than eight feet (8'). In addition all
facilities shall have all- weather vehicular access. This
design shall be to the satisfaction of the City Engineer.
44:95. Engineering and geotechnical reports shall be provided
to prove, to the satisfaction of the City Engineer, that
all "passive" NPDES facilities meet their intended use and
design. These facilities shall meet the minimum
requirements relating to water retention and clarification.
45-96. The Applicant shall demonstrate and certify to the
satisfaction of the City Engineer that all existing storm
drain culverts within the site shall perform in an
acceptable manner based on their intended design and the
proposed increase /decrease of loading conditions,
introduction of surface water within subsurface areas that
may affect the culvert and proposed construction. This
especially includes cast -in -place concrete pipe (CIPP).
1 46-97. Prior to the issuance of any construction /grading
permit and /or the commencement of any clearing, grading or
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excavation, the Applicant shall submit a Storm Water
Pollution Control Plan (SWPCP) to be developed and
implemented in accordance with requirements of the Ventura
Countywide Storm Water Quality Management Program, NPDES
Permit No. CAS004002, to the satisfaction of the City
Engineer.
4:��98. Prior to the issuance of any construction /grading
permit and /or the commencement of any clearing, grading or
excavation, the Applicant shall also submit a Notice of
Intent (NOI) to the California State Water Resources
Control Board, Storm Water Permit Unit in accordance with
the NPDES Construction General Permit (No. CASQ00002):
Waste Discharge Requirements for Discharges of Storm Water
Runoff Associated with Construction Activities). The
Applicant shall comply with all requirements of this
General Permit including preparation of a Storm Water
Pollution Prevention Plan (SWPPP).
48-99. The Applicant shall obtain a permit from the State
Water Resources Control Board for "All storm water
discharges associated with a construction activity where
clearing, grading, and excavation results in land
disturbances of one or more acres." The Applicant shall
submit a copy of the Notice of Intent (NOI) to the City
Engineers office as proof of permit application.
4-9—. 100. The Applicant shall also comply with NPDES objectives
as outlined in the "Storm Water Pollution Control
Guidelines for Construction Sites."
44&.101. Prior to Final Map approval, the Applicant shall
provide facilities to comply with NPDES requirements.
Runoff from developed areas shall be diverted to detention
basins, "passive- devices" or other passive Best Management
Practices (BMP's) to the satisfaction of the City Engineer.
A California registered civil engineer shall propose and
design these devices as part of the drainage improvement
plans for the project. Provisions shall be made by the
Developer to provide for maintenance in perpetuity.
444 -.102. Prior to City issuance of the initial grading permit,
the Applicant shall obtain all necessary NPDES related
permits. The grading permits issued for the development
shall require Applicant to provide schedules and procedures
for onsite maintenance of earthmoving and other heavy
equipment and documentation of proper disposal of used oil
and other lubricants. The onsite maintenance of all
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equipment that can be performed offsite will not be
allowed.
34103. Prior to the starting of grading or any ground
disturbance the Applicant shall designate a full -time
superintendent for NPDES compliance. The NPDES
superintendent shall be present on the project site Monday
through Friday and on all other days when the probability
of rain is forty percent (40%) or higher and prior to the
start of and during all grading or clearing operations
until the release of- grading bonds. The NPDES
superintendent shall have full authority to hire personnel,
bind the Applicant in contracts, rent equipment and
purchase materials to the extent needed to effectuate Best
Management Practices. The NPDES superintendent shall
provide proof to the City Engineer of attendance and
satisfactory completion of courses satisfactory to the City
Engineer totaling no less than eight (8) hours directed
specifically to NPDES compliance and effective use of Best
Management Practices. Proof of such attendance and
completion shall be provided to the City Engineer prior to
employment to the NPDES superintendent. In addition, an
NPDES superintendent shall be employed to assume NPDES
compliance during the construction of streets, storm
drainage systems, all utilities, buildings and final
landscaping of the site.
4-G —104. If any of the improvements which the Applicant is
required to construct or install is to be constructed or
installed upon land in which the Applicant does not have
title or interest sufficient for such purposes, the
Applicant shall do all of the following at least sixty (60)
days prior to the filing of the Final Map for approval
pursuant to Governmental Code Section 66457:
a. Notify the City of Moorpark (hereinafter City) in
writing that the Applicant wishes the City to acquire
an interest in the land, which is sufficient for the
purposes as provided in Governmental Code Section
66462.5.
b. Supply the City with: (i) a legal description of the
interest to be acquired, (ii) a map or diagram of the
interest to be acquired sufficient to satisfy the
requirements of subdivision (e) of Section 1250.310 of
the Code of Civil procedure, (iii) a current appraisal
report prepared by an appraiser approved by the City
which expresses an opinion as to the fair market value
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of the interest to be acquired, and (iv) a current
Litigation Guarantee Report.
C. Enter into an agreement with the City, guaranteed by
such cash deposits or other security as the City may
require, pursuant to which the Applicant will pay all
of the City's cost (including, without limitation,
attorney's fees and overhead expenses) of acquiring
such an interest in the land.
444—.105. Prior to the issuance of a building permit for the
first residence a copy of the recorded Map(s) shall be
forwarded to the City Engineer for filing, and a final
grading certification shall be reviewed and approved by the
City Engineer.
3:106. Prior to acceptance of public improvements and bond
exoneration reproducible centerline tie sheets shall be
submitted to the City Engineer's office.
44-6:107. Prior to acceptance of public improvements and bond
exoneration sufficient surety in a form and in an amount
acceptable to the City guaranteeing the public improvements
shall be provided, and shall remain in place for one year
following acceptance by the City.
3:108. Prior to acceptance of public improvements and bond
exoneration original "as built" plans shall be certified by
the Applicant's Registered Civil Engineer and submitted
with two sets of blue prints to the City Engineer's office.
These "as built" plans shall incorporate all plan
revisions. Although grading plans may have been submitted
for checking and construction on sheets larger than 22" X
36 ", they shall be resubmitted as "record drawings" in a
series of 22" X 36" mylar sheets (made with proper
overlaps) with a title block on each sheet. Submission of
%'as built" plans is required before a final inspection is
scheduled. Electronic files shall be submitted for all
improvement plans in a format to the satisfaction of the
City Engineer. In addition, Developer shall provide an
electronic file update on the City's Master Base Map
electronic file, incorporating all storm drainage, water
and sewer mains, lines and appurtenances and any other
utility facility available for this project.
C. For compliance with the following conditions please contact
the Ventura County Fire Department:
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x.109. Prior to combustible construction, an all weather
access road /driveway suitable for use by a twenty -ton (20-
ton) Ventura County Fire Protection District (Fire
District) vehicle shall be installed.
4-09 -110. All access roads /driveways shall have a minimum
vertical clearance of thirteen feet six inches (13'6 ").
�1A -111. Approved turnaround areas for fire apparatus shall be
provided when dead -end Fire District access roads /driveways
exceed one - hundred -fifty feet (150'). Turnaround areas
shall not exceed a two and one -half percent (2.50) cross
slope in any direction and shall be located within one -
hundred -fifty feet (150') of the end of the access
road /driveway.
44 -112. Public and private roads shall be named if serving
more than four (4) parcels.
X1113. Prior to recordation of street names, proposed names
shall be submitted to the Fire District's Communications
Center for review.
4. Street name signs shall be installed in conjunction
with the road improvements. The type of sign shall be in
accordance with City of Moorpark Road Standards.
4-1 -115. Address numbers, a minimum of four inches (4 ") high,
shall be installed prior to occupancy, shall be of
contrasting color to the background, and shall be readily
visible at night. Where structures are set back more than
one - hundred -fifty feet (1501) 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.
-1- .116. Prior to or concurrently with the submittal of plans
for building permits a plan shall be submitted to the Fire
District for review and approval indicating the method in
which buildings are to be identified by address numbers.
34-e:117. Prior to construction, the Applicant shall submit
plans to the Fire District for placement of fire hydrants.
On plans, show existing hydrants within five - hundred feet
(5001) of the development. Indicate the type of hydrant,
number and size of outlets.
11118. Prior to combustible construction fire hydrants shall
be installed and in service and shall conform to the
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minimum standards of the City of Moorpark Water Works
Manual.
1-1-8 -119. Prior to occupancy of any structure, blue reflective
hydrant location marketers shall be placed on the access
roads in accordance with Fire District standards. If the
final asphalt cap is not in place at time of occupancy,
hydrant location markers shall still be installed and shall
be replaced when the final asphalt cap is completed.
44120. Prior to map recordation, the Applicant shall provide
to the Fire District, verification from the water purveyor
that the purveyor can provide the required fire flow of
one - thousand (1,000) gallons per minute at twenty (20) psi.
3-2 121. A copy of all recorded maps shall be provided to the
Fire District within seven (7) days of recordation of said
map.
D. For compliance with the following conditions please contact
the Ventura County Waterworks District No. 1:
32122. Prior to issuance of a building permit, provide
Ventura County Waterworks District the following:
a. Water and sewer improvement plans in the format
required.
b. Hydraulic analysis by a registered Civil Engineer to
determine the adequacy of the proposed and existing
water and sewer lines.
C. Copy of approval of fire hydrant locations by County
of Ventura Fire Protection District.
d. Copy of Release from Calleguas Municipal Water
District.
e. Cost estimates for water and sewer improvements.
f. Fees: Plan check, construction inspection, capital
improvement charge, sewer connection fee and water
meter charge.
g. Signed Contract to install all improvements and a
Surety Bond.
E. For compliance with the following conditions please contact
the Ventura County Flood Control District:
��.123. No direct storm drain connections to Ventura County
Flood Control District facilities shall be allowed without
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appropriate Best Management Practices (BMP's) for
compliance with Ventura Countywide Stormwater Program.
3:124. Cross Connection Control Devices: At the time water
service connection is made, cross connection control
devices shall be installed on the water system in a manner
approved by the County Waterworks District No. 1.
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EXHIBIT B
SPECIAL AND STANDARD CONDITIONS OF APPROVAL
FOR RESIDENTIAL PLANNED DEVELOPMENT NO. 1998 -02
SPECIAL CONDITIONS
Prior to issuance of Zoning Clearance for the first
residential unit, the Applicant shall contribute up-- e
thirty- thousand dollars ($30,000) for funding endangered
wildlife species breeding, predator trapping, or other
support programs in the open space easement area as
required by the U.S. Fish and Wildlife Service. This
contribution shall be coordinated with the U.S. Fish and
Wildlife Service and be made to an appropriate private
conservation institution upon approval of the U.S. Fish and
Wildlife Service. Evidence of contribution approved by the
service shall be presented to the City prior to the
issuance of building permits.
-3-.2. Prior to the issuance of a Zoning Clearance for
construction, the Applicant shall contribute fifteen -
thousand dollars ($15,000) towards the City's sensitive
species research program (established as a component of the
Open Space Trust Fund related to maintenance of the Open
Space, Conservation and Recreation Element and related
programs).
4-.3. The SunCal architectural booklet titled Vistas at Moorpark
Design Guidelines, dated July 9, 2001 (revised July 2003),
Exhibit "A" (as amended in Special Conditions herein),
shall form the basis of the evaluation of architectural
treatment to be incorporated on each residential structure
for permit issuance. At a minimum, the pen and ink drawings
that have depicted the respective architectural style and
sub -style shall be incorporated in the project as presented
in the architectural manual.
-5-.4. The following changes to the Vistas at Moorpark Design
Guidelines, dated July 9, 2001 (revised July 2003), shall
be incorporated by the Applicant and new copies of the
guidelines submitted to the Community Development Director,
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prior to building plan check for the first building_
permit on the project:
a. Adjoining residential units may not have the same
floor plan or elevation.
b. Compatibility of Changes to Plans: No expansion,
alteration or change in architectural elements that is
visible from any abutting street shall be allowed,
unless in the judgment of the Community Development
Director it is compatible with all dwellings having
frontage on the same street and located within two -
hundred feet (200') of the side property line of the
structure proposed for expansion or alteration.
C. All facilities and uses other than those specifically
requested in the application are prohibited unless an
application for a modification has been approved by
the City of Moorpark. Any minor changes to this permit
shall require the submittal of an application for a
Permit Adjustment and any major changes to this permit
shall require the submittal of a Modification.
d. A minimum of three (3) architectural styles shall be
included in the tract, and a minimum of three (3) sub -
styles (color & material scheme) shall be included in
the architectural styles.
e. No more than forty percent (40 %), but no less than
twenty five percent (25 %), of the dwellings shall be
represented by any one of the architectural styles and
no sub -style shall be represented by more than forty
percent (400) of the maximum number of dwellings
allowed for the primary architectural style.
f. The roof design for all structures as viewed from any
street outside of the project (including Walnut Canyon
Road and North Hills Parkway) shall be varied unit by
unit which may be accomplished through the use of at
least one (1) of the following: alternative roof
designs; alternative materials and colors; a
combination roof design such as hip and gable; the use
of dormer details; or by adjusting the plotting of the
building to the satisfaction of the Community
Development Director.
g. Not more than forty percent (40 %) of the units on any
block face shall have the same architectural plan and
elevation. This prohibition shall not apply to areas
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which are required to be single story units. It is
the intent of the Planning Commission that no
combination of floor plan, architectural style, and
sub -style be over - represented within the development.
h. Accessory buildings over one - hundred - twenty square
feet (120 s.f.) in area or which require a building
permit may be located only in rear yard areas and must
be of an architectural style and color and constructed
of materials consistent with the main structure.
i. Garden walls and fencing to a. maximum height of
thirty -six inches (36 ") may be placed in front yard
setback areas provided that they are architecturally
consistent with the main building as approved by the
Community Development Director.
j. All property line walls or fences shall be constructed
of masonry, stone or concrete products and be in earth
tone colors, except for interior view lots where
wrought iron and masonry or stone pilasters may be
used as determined and approved by the Community
Development Director.
k. All walls at the side yard return (side property line
to main building) or on a corner lot that are visible
from any street, shall be constructed of masonry,
stone or concrete products, or wrought iron and shall
be architecturally consistent with the main building
to the satisfaction of the Community Development
Director.
1. Garages shall maintain a clear unobstructed dimension
of twenty feet (20') in length and ten feet (10') in
width for each parking stall provided with a minimum
of two (2) garage - parking stalls required for each
dwelling unit.
M. Rain gutters and downspouts shall be provided on all
sides of the structure for all structures where there
is a directional roof flow. Water shall be conveyed to
the street or drives in non - corrosive devices as
determined by the City Engineer.
n. All residential units shall be constructed employing
energy saving devices_
o. A mix of residential units _of sink le- sto_rv_ and t�•.o-
storV des; car-- shat - be - determined by _he Co rLrnu zity
Development Director. The target shall be a
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percentage of single story units in the range of 30 -40
percent at the discretion of the Communitv Development
Director.
—Tr} —crzr4 n i-ffi azrr , —rf e r l
r4eigeline height net- ffa�ea+.-e-i� then twenty ene (21'
d , a-
. Ganyen Read, Wieks Read
— the —'eas4� 'L iii ?CI'n,-Ia-i� 0 e • — ZTr's"s pi= ej"eLLTITLZ' -_. �c
single stery in desigf-;-
p. Accessory buildings may not have a height (measured at
highest point of structure) greater than twelve (12')
feet.
-6-:5. A minimum one - thousand square foot (1,000 s.f.) club house,
swimming pool and separate wading pool, and the landscaping
within the paseos and park lots must be constructed and
capable of homeheffie -owner use prior to or concurrent with
the final inspection of the firsm� thirtieth residential
structure. The homeowners association shall contract for
separate solid waste service at this location.
-:�-.6. A deed restriction shall be recorded in favor of the City
to irrevocably limit residential units on lots 27 -31 to one
(1) story in height as defined by the Vistas at Moorpark
Design Guidelines, dated July 9, 2001 (revised July 2003).
Each buyer shall sign an acknowledgement statement
indicating that this deed restriction has been explained to
them. A copy of the acknowledgement shall be provide to
the Community Development Director and shall be filed with
each building permit.
-8-7. Accessory buildings may not have a height (measured at
highest point of structure) greater than twelve (12') feet.
�9-.8. Hot water solar panel stub -outs shall be provided.
The continued
facilities shall be
City. The permittee
maintenance of the permit area and
subject to periodic inspection by the
or owner shall be required to remedy
maintenance, as indicated by the Code
within five (5) days after
any defects in ground
Enforcement Officer
notification.
��-10. The purchasers of each property along the northern
boundary of the tract (Lots 1, 2, 90 -94, and 108 -110) shall
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be provided with notification, and shall acknowledge in
writing, the disclosure that North Hills Parkway is a
planned major arterial highway within the City of Moorpark,
and that traffic and noise levels significantly in excess
of those at the time of purchase can be expected in the
future. The applicant shall provide the Community
Development Director with a copy of the signed
acknowledgement prior to the close of escrow for each of
the aforementioned lots.
? -11. In the event that cable television services or their
equivalent are provided to the project under collective
arrangement or any collective means other than by a City
Cable Franchisee (including, but not limited to,
programming provided over a wireless or satellite system
contained within the project) , the entity responsible for
the provision of such service shall pay monthly to the City
an access fee of five percent (50) of gross revenue
generated by the provision of those services, or the
highest franchise fee required from any City Cable
Franchisee, whichever is greater. "Gross Revenue" is
defined in Chapter 5.06 of the Moorpark Municipal Code and
any successor amendment or supplementary provision thereto.
In the event that cable television services are provided to
the project by any other means than by a City Cable
Franchisee, the City's government channel shall be
available to all units as part of any such service on the
same basis as if the project was served by a City Cable
Franchisee.
112. Prior to issuance of the firs--_ Zoning Clearance for
building permit, there applicant shall pay - -to fund a
crossing guard position for a total __of 5 _ea_rs, including
City overhead and supervision costs _ y
-r3 The amount to be
paid shall be $75,000.00, and if not paid by January 1,
2006, shall be increased by loo per month u_ntil_id._— _ -mot
p a i ei y J anizta i 1, 2996. e a e i 3 l a t e d Jay tl-c1
13. The applicant shall provide conduits and flashing to allow
for the future installation of photovoltaic systems on all
units within Tract 5130, and shall comply with any policy
on provision of solar energy systems which may be adopted
by the City of Moorpark prior to the approval of the Final
Map.
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14. Prior to the approval of the Final Map, the applicant shall
create a landscape maintenance district to provide the
perpetual maintenance for landscaping improvements provided
by the applicant along Walnut Canyon Road, Wicks Road, and
North Hills Parkway.
15. Residential Planned Development No. 1998 -02 shall be deemed
approved thirty (30) days following the second reading of
the ordinance approving Zone Change No 1998 -01.
STANDARD CONDITIONS
A. For compliance with the following conditions please contact
the Community Development Department:
1. The Residential Planned Development permit is granted for
the land and project as identified on the entitlement
application form and as shown on the plot plans and
elevations incorporated herein by reference as Exhibit "A ".
The location and design of all site improvements shall be
as shown on the approved plot plans and elevations except
or unless indicated otherwise herein in the following
conditions.
2. All conditions of Tentative Tract Map 5130 shall apply to
this residential planned development permit.
_1
---c ----- -- - - --- -- -- — ... - - - - °- ._ -- - -..._. n e e w -- - --- --
r
-4-.-3. Unless the Residential Development Permit is inaugurated
(building foundation slab in place and substantial work in
progress) not later than three (3) years after this permit
is granted, this permit shall automatically expire on that
date. The Community Development Director may, at his /her
discretion, grant up to two (2) one (1) year extensions for
project inauguration if there have been no changes in the
adjacent areas and if Applicant can document that he /she
has diligently worked towards inauguration of the project
during the initial three -year period and the Applicant has
concurrently requested a time extension to the tentative
tract map. The request for extension of this entitlement
shall be made at least thirty (30) days prior to the
expiration date of the permit.
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4. CC &R's and Landscaping Easement Requirements: Covenants,
Conditions and Restrictions (CC &R'sj and by -laws
establishing one or more Homeowners' Associations for the
residential development shall be prepared. The CC &R's shall
identify all Corturton maintenance Areas including maintenance
of all hiking trails, open space lots, parkway landscaping
for all streets, any shared driveways, storm drains, any
fencing or walls within common maintenance areas,
recreational areas, and and slope directly affecting
drainage or residential street facilities. The draft CC &R's
shall be submitted to the Director of Community Development
and the City Attorney for review and approval_ prior to
approval of the first phase of the Final Map by the Ci -ty
Council and the subdivider shall be required to pay all
costs associated with such review. All applicable 'Tentative
Map, Residential Planned Development ,RPD) and Development
dement conditions of approval shall be highlighted in
the cow es of the CC &R' s submitted for City review. Prior
to the sale of any lots, the CC &R' s shall be approved by
the State Department of Real Estate and then recorded.
Approval of the _City__ shall not be construed to mean that
the City has any obligation to enforce CC &R's. The
Homeowners' Associations may modify the CC &R's only to the
extent that they do not conflict with he terms _of- approval
of the Tentative Tract Map, approved Residential Planned
Development Permit or the a,,-)proved Development Agreement.
Sixty (60 ) days notice must be given to the City of the
intent to modify CC &Rs. Further, it is the sole
responsibility of the 1omeowners' Associations to enforce
the CC &Rs.
5. The CC &R's shall contain language indicating that where
eas -b'e, the use of rec c_ed materials shall be included
in the construction of the project.
6. The CC &R's shall contain provisions that tree Homeowners'
Association shall be responsible for implementing and
maintaining the vegetation management requirements within
the fuel modification zones in perpetuity- As required by
the Fire Department fuel modification zones are proposed to
be retained in as natural a state as safety and fire
regulations will permit. The zones shall be designed_bV
and planted under the supervision of a landscape architect
with expertise in native plant materials, with the approval
of the Director of Community Development, to - appear as a
transition between the built environment and natural open
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space. Final approval of this Program by the Countv Fire
Prevention District and Director of Community Development
shall be required prior to the recordation of the Final
Map. Appropriate language shall be included on the Final
Map indicating the boundary of all areas of fuel
modification hazard zones.
�7. Prior to occupancy of each dwelling unit the Applicant
shall install front yard landscaping as approved on the
landscape plans.
�9—.8. No expansion, alteration or change in architectural
elements that are visible from any abutting street shall be
allowed, unless in the judgment of the Community
Development Director such change is compatible with all
dwellings having frontage on the same street and located
within two- hundred feet (200') (or as otherwise determined
by the Community Development Director) of the side property
line of the structure proposed for expansion or alteration,
subject to the review and approval of the Community
Development Director consistent with these approved
conditions and Zoning Code requirements.
f9. All air conditioning or air exchange equipment
shall be placed at ground level, may not be placed in a
sideyard setback area within fifteen feet (15') of an
opening window at ground floor level of any residential
structure, and shall not reduce the required sideyards to
less than five feet (5') of level ground.
-1--10. All facilities and uses other than those
specifically requested in the application are prohibited
unless an application for a modification is submitted to
the Department of Community Development consistent with the
requirements of the Zoning Code.
X11. Garages shall maintain a clear unobstructed
dimension of twenty feet (20') in length and ten feet (10')
in width for each parking stall provided with a minimum of
two garage - parking stalls required for each dwelling unit.
I-1-3-12. Rain gutters and downspout shall be provided on
all sides of the structure for all structures where there
is a directional roof flow. Water shall be conveyed to the
street or drives in non - corrosive devices as determined by
the City Engineer.
�-1 -x-13. Prior to the issuance of a Zoning Clearance for
construction, working drawings, grading and drainage plans,
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plot plans, final map (if requested by the Community
Development Director) , sign programs, and landscaping and
irrigation plans (three full sets) shall be submitted to
the Community Development Director for review and approval.
14. Unless otherwise stipulated in the Special Conditions of
Approval, the applicant shall be responsible for the
maintenance of any and all parkway landscaping (hereinafter
"Parkway Landscaping ") constructed by the project, whether
said Parkway Landscaping is within the street right -of -way or
outside of the street right -of -way. Any Parkway Landscaping
situated outside of the street right -of -way shall be within a
landscape easement [herein "Landscape Easement "].
15. All required Landscape Easements shall be clearly shown on the
final map (herein "Final Map ").
16. Unless otherwise stipulated in the Special Conditions of
Approval, any median landscaping constructed by the project
shall be maintained by the City as part of an Assessment
District bounded by the properties within Tract No. 5130. An
Assessment District shall be formed to fund the City
maintenance costs for any such median landscaping and funded
by the properties within Tract No. 5130.
17. Unless otherwise stipulated in the Special Conditions of
Approval, Parkway Landscaping shall be maintained by a Home
Owners' Association, a Property Owners' Association or by the
property owner [herein "Private Responsible Party "] . In such
case, any required Landscape Easements, shall be conveyed to
the Private Responsible Partv.
18. Unless otherwise stipulated in the Special Conditions of
Approval, all required on -site drainage improvements and /or
stormwater quality [NPDES] features or facilities [herein
"Drainage Improvements "] shall be maintained by the Private
Responsible Party.
19. When and if stipulated in the Special Conditions of Approval
that certain identified Parkway Landscaping and /or Drainage
Improvements are to be maintained by the City, an Assessment
District shall be formed to fund City costs for such
maintenance. In such event, any required Landscape Easements
or drainage easements for these purposes shall be conveyed to
the City.
20. The City reserves the right to assume the maintenance of
Parkway Landscaping, median landscaping or Drainage
Improvements being maintained by a Private Responsible Party,
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should it be determine by the City, at its sole discretion,
that the maintenance being provided by the Private Responsible
Party is inadequate. Accordingly, any Final Map identifying
any Landscape Easement or drainage easement granted to a
Private Responsible Party for such purpose, shall also be
shown on said Final Map as having an irrevocable offer of
dedication to the City. Typically the City would not accept
this irrevocable offer unless and until the City determined
that it was necessary for the City to assume the maintenance
of the facilities within those easements.
21 If required by a Special Condition of Approval, an Assessment
District [herein "Back -Up District "] shall be formed to fund
future City costs, should they occur, for the maintenance of
Parkway Landscaping, median landscaping or Drainage
Improvements previously maintained by a Private Responsible
Party and then assumed by the City. If a Back -Up District is
formed, it shall be the intent of the City to approve the
required assessment each year, but to only levy that portion
of the assessment necessary to recover any past City costs or
any anticipated City costs for the following fiscal year. In
the event the City is never required to assume the maintenance
of any such improvements maintained by a Private Responsible
Party, the amount of the annual assessment actually levied
upon the affected properties would be minor amount, possibly
zero. The City shall administer the annual renewal of the
Back -Up District and any costs related to such administration
shall be charged to the Fund established for such district
revenues and expenses.
22. When it has been determined that it is necessary to form an
Assessment District (including a Back -Up District), the
applicant shall be required to undertake and complete the
following:
23. At least one hundred twenty (120) days prior to the planned
recordation of any Final Map or the issuance of any zoning
clearance for building permit, which ever comes first:
24. submit the final draft plans for any irrigation, landscaping
or Drainage Improvements [herein "Maintained Areas "] to be
maintained by the Assessment District (including a required
Back -Up District), along with any required plan checking fees;
submit a check in the amount of $5,000 as an advance to cover
the cost of Assessment Engineering for the formation of the
Assessment District [Note: Developer shall be required to pay
for all final actual assessment engineering costs related to
the Assessment District formation.];
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25. At least sixty (60) days prior to the planned recordation of
any Final Map or the issuance of any zoning clearance for
building permit, which ever comes first, submit to the City
the completed, "City approved" plans for the Maintained Areas
(landscaping, irrigation and NPDES Drainage Improvements);
26. Prior to the planned recordation of any Final Map or the
issuance of any zoning clearance for building permit, which
ever comes first, submit to the City a signed Petition and
Waiver requesting formation of the Assessment District [Note:
The Petition and Waiver shall have attached to it as Exhibit
`A' the City approved final draft Engineer's Report prepared
by the Assessment Enaineer retained by the Citv.l
B. For compliance with the following conditions please contact
the Engineering Division:
4-5.27. The City Engineering conditions of approval for
Tentative Tract Map No. 5130 apply to Residential Planned
Development Permit No. 2003 -01.
C. For compliance with the following conditions please contact
the Ventura County Fire Department:
-1- 28. All conditions of Tentative Tract Map 5130 shall
apply.
D. For compliance with the following conditions please contact
the Ventura County Waterworks District No. 1:
329. All conditions of Tentative Tract Map 5130 shall
apply.
E. For compliance with the following conditions please contact
the Police Department:
-1-3—. 3 0
Prior to issuance of building permits for either
the residential or recreational components of the project,
the Police Department shall review development plans for
the incorporation of defensible space concepts to reduce
demands on police services. To the degree feasible, public
safety planning recommendations shall be incorporated into
the project plans. The Applicant shall prepare of list of
project features and design components that demonstrate
responsiveness to defensible space design concepts. Review
and approval by the Police Department of all defensible
space design features incorporated into the project shall
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occur prior to initiation of the building plan check
process.
F. For compliance with the following conditions please contact
the Moorpark Unified School District:
331. Prior to issuance of building permits for the
residential units, all legally mandated school impact fees
applicable at the time of issuance of a building permit
shall be paid to the Moorpark Unified School District.
-End-
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA,
APPROVING ZONE CHANGE NO. 1998 -01 TO CHANGE THE ZONING
FROM RE -5 ACRE (RURAL EXCLUSIVE FIVE (5) ACRE MINIMUM
LOT SIZE) TO RPD 1.62 (RESIDENTIAL PLANNED DEVELOPMENT
1.62 DWELLING UNITS PER ACRE) AND OPEN SPACE (OS)ON
APPROXIMATELY SEVENTY -TWO (72) ACRES OF LAND, LOCATED
ALONG THE EAST SIDE OF WALNUT CANYON ROAD (SR 23),
NORTH OF CASEY ROAD AND WICKS ROAD SOUTH OF THE
VENTURA COUNTY WATERWORKS PROPERTY, ON THE APPLICATION
OF SUNCAL COMPANIES, FOR MOORPARK 150, LLC (ASSESSOR
PARCEL NOS. 512 -0 -010 -010, -025, -055, -065, 512 -0-
020 -020, -030, 512 -0- 030 -010, -025, 512 -0- 040 -035, -
045, -70, -130, -145, -240, 512 -0- 050 -140, -350, AND
512 -0- 160 -155)
WHEREAS, on August 19, 2003, the Planning Commission
adopted Resolution No. PC- 2003 -451 recommending approval to the
City Council of Zone Change No. 1998 -01, for a change in the
Zoning from RE -5 (Rural Exclusive five (5) acre minimum lot
size) to RPD -1.62 (Residential Planned Development 1.62 dwelling
units per acre) and OS (Open Space) on approximately seventy -two
(72) acres of land located along the east side of Walnut Canyon
Road (SR 23), north of Casey Road and Wicks Road and south of
Ventura Waterworks District No. 1 property; on the application
of SunCal Companies for Moorpark 150, LLC (Assessor Parcel Nos.
512 -0- 010 -010, -025, -055, -065, 512 -0- 020 -020, -030, 512- 0 -030-
010, -025, 512 -0- 040 -035, -045, -70, -130, -145, -240, 512 -0-
050 -140, -350, AND 512 -0 -160 -155); and
WHEREAS, at duly noticed public hearings on November 19,
and December 17, 2003, the City Council considered the agenda
report for Zone Change No. 1998 -01 and any supplements thereto
and written public comments; opened the public hearing; took and
considered public testimony; closed the public hearing and
reached a decision on this matter; and
WHEREAS, the City Council has read, reviewed, considered
and adopted a Mitigated Negative Declaration prepared for the
project referenced above.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. The Zoning Map described and referenced in
Chapter 17.12 of Title 17, Zoning, of the Municipal Code of the
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Ordinance No.
Page 2
City of Moorpark is hereby amended as shown in Exhibit "A"
attached hereto.
SECTION 2. 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 3. This Ordinance shall become effective thirty
(30) days after its passage and adoption.
SECTION 4. 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 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 January, 2004.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Attachment: Exhibit A: Zone Change Map
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