HomeMy WebLinkAboutAGENDA REPORT 1996 0417 CC REG ITEM 08AAGENDA REPORT
CITY OF MOORPARK
TO: Honorable City Council
FROM: Deborah S. Traffenstedt, Senior Planner
DATE: April 16, 1996 (CC Meeting of 4- 17 -96)
ITEM 4?
SUBJECT: CONSIDER APPROVAL OF THE MOORPARK COUNTRY CLUB ESTATES PROJECT
PROPOSED BY BOLLINGER DEVELOPMENT CORPORATION (GENERAL PLAN
AMENDMENT NO. 94 -1, ZONE CHANGE NO. 94 -1, VESTING TENTATIVE MAP NO.
4928, RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1, AND
CONDITIONAL USE PERMIT NO. 94 -1)
BACKGROUND AND DISCUSSION
The City Council held a public hearing for the Moorpark Country Club Estates
Project entitlements on March 6 and 13, 1996. On March 13, the City Council
closed the public hearing and directed staff to prepare a draft approval
resolution, zone change ordinance, Mitigation Monitoring Program, Environmental
Impact Report (EIR) Findings, and Statement of Overriding Considerations. The
City Council subsequently held a continued meeting on March 18 to further discuss
draft conditions of approval, the Addendum to the Final Environmental Impact
Report (EIR), and the Mitigation Monitoring Program. City Council meetings
scheduled for March 20 and 27 were continued, without further discussion. At the
Council's April 3 meeting, staff was directed to make minor corrections to the
Resolution, conditions of approval, Addendum to the Final EIR, Mitigation
Monitoring Program, EIR Findings, Statement of Overriding Considerations, and
zone change ordinance.
A continued meeting was held on April 10 for further discussion, and the meeting
was continued to April 17. Revised conditions are attached to this report, and
corrections shown with the use of legislative format. Minor corrections may
still be required and will be discussed at the April 17 meeting. For example,
the City Attorney is currently reviewing the use inauguration conditions for the
CUP and RPD. A revised resolution and draft zone change ordinance will be
provided to the City Council at the April 17 meeting.
STAFF RECOMMENDATION
1. Approve Resolution No. 96 -, approving the Addendum to the Final
Environmental Impact Report, the Mitigation Monitoring Program, EIR
Findings, Statement of Overriding Considerations, General Plan Amendment,
Vesting Tentative Map, RPD Permit, and CUP.
2. Approve Ordinance No. y 1 amending the zoning for the Project site,
introduce the ordinance for first reading, and waive full reading.
Attachments: Conditions of Approval
A. Vesting Tentative Map No. 4928
B. RPD Permit No. 94 -1
C. CUP No. 94 -1
VESTING TENTATIVE MAP NO. 4928
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
VESTING TENTATIVE MAP NO. 4928
CONDITIONS OF APPROVAL
I. DEPARTWKNT OF C0WWNITY DWELOPMENT CONDITIONS
Permitted Uses
1. Vesting Tentative Map No. 4928 is approved for the land and project
identified as Moorpark Country Club Estates: General Plan Amendment No.
9401, Zone Change No. 94 -1, Residential Planned Development Permit No. 94-
1, and Conditional Use Permit No. 94 -1. The location and design of all
site improvements shall be as shown or described in the application
(including technical reports), on the approved Vesting Tentative Map
Rag Marc 26, 1996} �� X # � # jet and approved ...mitigation monitoring programricicated otherwise herein in the following conditions
City Regulations
2. The conditions of approval of Vesting Tentative Map 4928 and all
provisions of the Subdivision Map Act, City of Moorpark Zoning Code and
adopted City policies, procedures, and standards supersede all conflicting
notations, specifications, dimensions, typical sections and the like which
may be shown on said map.
Other Agency Regulations
3. All applicable requirements of any law or agency of the State, County, and
any other governmental entity shall be met, and all such requirements and
enactments shall, by reference, become conditions of this entitlement.
4. No condition of this entitlement shall be interpreted as permitting or
requiring any violation of law, or any lawful rules or regulations or
orders of an authorized governmental agency. In instances where more than
one set of rules, standards, or guidelines apply, the stricter standard
shall take precedence.
Approved Phasing
5. If the Final Map is to record in phases, it shall be recorded in '°y !;(
phases consistent with the appEeved Vesting Tentative Map Phasing 'Tan
Sheet -_::>:► »:4:: >:<: >:: >: >:.:;::3#1::: >.:. ...;:«::::::<:. and the applicable
subseguerit cori3itioris of annrovai_' •` ".
Acceptance of Conditions
6. Recordation of this subdivision shall be deemed to be acceptance by the
subdivider, and his heirs, assigns, and successors of the conditions of
this Map.
Reference Conditions of Approval on Final Map
7. A notation which references approved Conditions of Approval shall be
included on all phases of any Final Map in a format acceptable to the
Director of Community Development.
Severability
1
VESTING TENTATIVE MAP NO. 4928
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
8. If any of the conditions or limitations of this subdivision are held to be
invalid by a court of competent jurisdiction, that holding shall render
this Vesting Tentative Map null and void at the discretion of the City.
Expiration of Vesting Tentative Map
9. This Tentative Map expire ire three
Y " ears from the date of
P-�)
its approval. Upon application of the sub v
ddei, filed at least 30 -days
prior to the expiration of the conditionally approved Tentative Map, the
City Council may, at its discretion, extend the Tentative Map for a period
or periods not exceeding a total of three (3) years, if there have been
non - significant changes to adjacent land uses and if the subdivider can
document that due diligence has been extended towards completion of map
recordation during the initial 3 year period of map approval.
Applicant /Developer Defense Costs
10. The subdivider shall defend, indemnify and hold harmless the City and its
agents, officers and employees from any claim, action or proceeding
against the City or its agents, officers or employees to attack, set
aside, void, or annul any approval by the City or any of its agencies,
departments, commissions, agents, officers, or employees concerning the
subdivision, which claim, action or proceeding is brought within the time
period provided therefore in Government Code Section 66499.37. The City
will promptly notify the subdivider of any such claim, action or
proceeding, and, if the City should fail to do so or should fail to
cooperate fully in the defense, the subdivider shall not thereafter be
responsible to defend, indemnify and hold harmless the City or its agents,
officers and employees pursuant to this condition.
The City may, within its unlimited discretion, participate in the defense
of any such claim, action or proceeding if both of the following occur:
a. The City bears its own attorney fees and costs;
b. The City defends the claim, action or proceeding in good faith.
The subdivider shall not be required to pay or perform any settlement of
such claim, action or proceeding unless the settlement is approved by the
subdivider. The subdivider's obligations under this condition shall apply
regardless of whether a final map or parcel map is ultimately recorded
with respect to the subdivision.
Title Report
11. The subdivider shall submit to the Department of Community Development and
the City Engineer for review and approval a current title report which
clearly states all interested parties and lenders included within the
limits of the subdivision as well as any easements that affect the
subdivision.
Image Conversion
12. Upon recordation and prior to the first occupancy for each phase, the
subdivider shall provide to the City an image conversion of any associated
building, grading, landscape, public improvement and site plans into an
optical format acceptable to the City Clerk.
Asbestos Use Prohibited
13. No asbestos pipe or construction materials shall be used within this
subdivision.
2
VESTING TENTATIVE MAP NO. 4928
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
Outstandina Citv Case Processina Costs
14. The subdivider shall pay all outstanding City case processing and
environmental impact report related costs, prior to initiation of
condition compliance review for approval of a grading permit, Final Map,
or Zoning Clearance for any phase, and prior to submission of any plans
for Building Inspector or City Engineer plan check.
Environmental Quality Assurance Program
15. Prior to rough grading permit approval, and approval of a Final Map for
any phase, the subdivider shall submit a deposit for condition compliance
review and mitigation monitoring program. The monitoring program shall be
enforced through implementation of an Environmental Quality Assurance
Program (EQAP) as recommended in the approved mitigation monitoring
program. The EQAP shall be implemented through the City; at the City's
option, contract specialists shall be retained to monitor construction
and mitigation compliance.
Zoning Clearance
16. Prior to submittal of construction plans for plan check or initiation of
any grading or other construction activity, a Zoning Clearance shall be
obtained from the Department of Community Development. The request for
Zoning Clearance shall be accompanied by three complete sets of all
applicable construction plans.
Hold Harmless Agreement
17. Prior to Zoning Clearance approval, construction plans may be submitted to
the Building and Safety Department and City Engineer for plan check with
a City approved Hold Harmless Agreement.
Modifications
18. Any changes to the Vesting Tentative Map, including but not limited to
phasing, lot sizes or dimensions, street layout, and areas to be graded,
shall require the filing of an application for Modification. The type of
Modification permit shall be determined by the Director of Community
Development pursuant to the criteria established in the Zoning Code and
Subdivision Ordinance.
Assessment District for "C" Street Gemmen Maintenance Area Improvements
19. Except for the street improvements, maintenance responsibility for the
other "C" Streetq?iFi:"6e Maintenance Areas "), including but
not limited to the landscaping improvements in the parkway, medians, and
at the entranceways; the bus stops; storm drains; and any slope directly
affecting drainage, and any other items deemed necessary by the City,
shall be provided by an assessment district. The total cost of the
maintenance provided by the assessment district shall be borne by all of
the residential and golf course property owners within the entire Vesting
Map No. 4928 area, as applicable. The Applicant /Developer shall be
responsible for installing all required 8emmee Maintenance Area
improvements and maintaining such GeEmee Maintenance Area improvements, to
the City's specifications and satisfaction, until acceptance by the City
for inclusion in the assessment district. Acceptance of Gewmen
Maintenance Area improvements for assessment district maintenance purposes
shall not occur until one year after the last residential unit occupancy
in the tract or until the next opportunity to place this area within the
assessment district for assessment purposes, whichever occurs later.
VESTING TENTATIVE MAP NO. 4928
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
"C" Street improvements shall be maintained by the Applicant /Developer to
the City's specifications and satisfaction, until acceptance of said
improvements by the City. Acceptance shall occur upon occupancy of the
final residential unit or golf course occupancy, whichever occurs later.
Vehicle and Municipal Code Enforcement for Public Streets
20. Prior to opening "C" Street and the western residential area streets and
cul -de -sacs (labeled as public on the Vesting Tentative Map) to public
use, the Applicant /Developer shall request the City to adopt a resolution
authorizing enforcement of applicable provisions of the California Vehicle
Code and Moorpark Municipal Code.
Conditions, Covenants and Restrictions (CC &R's)
21. Covenants, Conditions and Restrictions (CC &R's) and By -laws establishing
one or more Homeowners' Associations for the residential development shall
be prepared. The CC &R's for the Homeowners' Associations shall identify all
Common Maintenance Areas for the residential areas, including maintenance
of private streets, private and public residential street and parkway
landscaping, all slope areas facing Grimes Canyon Road, any shared
driveways, all storm drains, any fencing or walls within Common
8338€iB'Areas, and any slope directly affecting drainage or
resderital"street facilities. Prior to Final Map approval for any phase,
the applicant shall provide an irrevocable offer of an easement to the
City for the purpose of maintaining all landscaping and related drainage
improvements for all areas adjacent to public and private roadways that
are required to be landscaped. Should the Associations fail to maintain
the Common Maintenance Areas, or any portion thereof, in a satisfactory
manner, the Common Maintenance Areas, or portion thereof, shall be placed,
at the City's option, in a City assessment district. The total cost of
formation of an assessment district or annexation to an existing
assessment district and the maintenance provided by the assessment
district for the areas described above, including the cost of converting
irrigation systems or other required work, shall be borne by the
residential and golf course property owners, as determined by the City,
within the entire Vesting Map No. 4928 area. The Applicant /Developer
shall record a covenant to inform the purchaser of all of the affected
lots of this potential action.
CC &R's to Include Applicable Conditions of Approval
22. The CC &R's shall also include all Vesting Tentative Map, RPD Permit and CUP
conditions of approval, that have been identified by the Director of
Community Development for inclusion, as well as the required Design
Guidelines for the RPD Permit. The final Design Guidelines for the RPD
Permit shall be approved by the Director of Community Development at the
time of review of CC &R's for the residential development, which review
shall occur prior to the submittal of the CC &R's to the State Department
of Real Estate and any residential lot sales. The Homeowners' Associations
shall be responsible for monitoring compliance with the approved Design
Guidelines for all new construction and remodeling within the development.
The Director of Community Development shall ensure compliance with the
Design Guidelines through review of all Zoning Clearance and
Administrative Permit applications for residential construction.
Review of Draft CC &R's
23. The draft CC &R's shall be submitted to the Director of Community
Development and the City Attorney for review and approval prior to
approval of the first phase of the Final Map by the City Council, and the
4
VESTING TENTATIVE MAP NO. 4928
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
subdivider shall be required to pay all costs associated with such review.
All applicable conditions of approval shall be highlighted in the copies
of the CC &R's submitted for City review. Prior to sale of any lots, the
CC &R's shall be approved by the State Department of Real Estate and then
recorded. Approval by the City shall not be construed to mean that the
City has any obligation to enforce CC &R's.
Modification of CC &R's
24. The Homeowners' Associations may modify the CC &R's only to the extent that
they do not conflict with the terms of approval of the Vesting Tentative
Map No. 4928, RPD Permit No. 94 -1, and CUP No. 94 -1. Sixty (60) days
notice must be given to the City of the intent to modify CC &R's. Further,
it is the sole responsibility of the individual Homeowners' Associations
to enforce the CC &R's.
Requirements to be Included in CC &R's
25. The following shall be included as requirements and limitations for
construction in the CC &R's /Design Guidelines:
a. M »« ' i : t'j� ;;1OO -Foot Easement#: No use or structures of any kind
or ""sle. with the exception of drainage structures and
infrastructure required by the City or other public agency, shall be
allowed within the x;::::::;;::100 -foot non - buildable, restricted -use
easement, shown on the sting Tentative Map. This easement is to
serve as the 100 -foot fuel modification zone for fire prevention:
and as 1�#:: >:: ::: n: � a::::> ir a4
con unction with Firia1"'Ma.p 'approvaY'_" The landscaping within such
easementg shall be consistent with the Fire Hazard Reduction Program
that is required to be prepared prior to recordation of Phase 1 of
the Final Vesting Map (reference Ventura County Fire Prevention
District conditions).
b. California Administrative Code Requirements: All residential units
constructed in the subdivision shall comply with Chapter 2 -53 of
Part 2 and Chapter 4 -10 of Part 4, of Title 24 of the California
Administrative Code.
C. Earthquake Related Requirements: All habitable structures shall be
designed according to the most recent Uniform Building Code (UBC)
requirements to accommodate structural impacts from ground
acceleration and maximum credible earthquake event.
d. Drainage Between Lots: No structures, walls, or fences shall be
erected which impede or restrict flow of drainage waters between
lots.
e. Roofing Materials: Use of wood or asphalt shingles as roofing
materials shall be prohibited.
f. Energy Saving Devices: All residential units shall be constructed
employing energy saving devices. These devices are to include, but
are not limited to the following:
VESTING TENTATIVE MAP NO. 4928
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
i. Ultra low flush toilets (to not exceed three and one -half
gallons);
ii. Low water use shower controllers as required by Title 24 of
the Uniform Building Code shall be placed on all shower
facilities;
iii. Natural gas fueled stoves, ovens and ranges shall not have
continuous burning pilot lights;
iv. All thermostats connected to the main space heating source
shall have night set back features;
V. To ensure closure when not in use kitchen ventilation systems
shall have automatic dampers; and
vi. Hot water solar panel stub -outs shall be provided.
g. Exterior Building and Paint Colors: All exterior building materials
and paint colors are to be compatible with the Design Guidelines
and with adjacent development.
h. Rain Gutters and Downspouts: Non - corrosive rain gutters and
downspouts shall be provided on all sides of dwelling units. Water
shall be conveyed to the street or drives, as determined by the
drainage plan.
i. Roof Equipment: All roof jacks and metal flashing shall be painted
to match the roof color. Roof mounted equipment shall be
prohibited. All deck drains shall drain to the side, not the front
facing any private or public street.
j. Solar Panels: Solar panels, such as for heating swimming pool(s),
shall be subject to the approval of the Director of Community
Development prior to the issuance of a Zoning Clearance. All solar
panels shall be designed so as to be part of the overall design of
the structure supporting it.
k. Water Heater Vents: Water heater vents shall be located so as to
not be visible from a front elevation viewpoint.
1. Stucco Finishes: Stucco finishes applied mechanically shall contain
the smallest sand grit sizes feasible. Stucco finishes shall not be
textured. The design objective of stucco application is to obtain
a smooth trowel finish, to the degree feasible, without requiring
hand troweling or dry - polishing during finish coat application.
M. Asbestos Prohibited: No asbestos pipe or construction materials
shall be used in the development of homes associated with this
subdivision.
n. Lighting Restrictions: Front and rear yard lighting restrictions
shall be included to ensure compatibility with the surrounding rural
neighborhoods. All exterior lighting shall be fully hooded and
shielded.
o. Graffiti Removal: Any graffiti on Homeowners' Association maintained
property shall be removed within five (5) days from written
notification by the City of Moorpark. All such graffiti removal
shall be completed to the satisfaction of the City.
N
VESTING TENTATIVE MAP NO. 4928
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
P. Maintain Tract and Basement Notification Signage: Any neighborhood
identification signage and any required signs notifying residents of
an easement for future street extension shall be maintained by the
Homeowners' Association in perpetuity, or in the case of the easement
notification sign, shall be maintained until such time that the road
is extended or the easement is relinquished by the City.
q. Dominant Street Tree: A coordinated tree planting program shall be
developed which will provide a dominant street tree for each of the
residential streets to provide aesthetic diversity within the
development.
r. Fire Protection Features: All structures adjacent to open space,
around the perimeter of the project, shall be designed to satisfy at
least a one hour fire - resistant rating. Such structures shall
incorporate fire retarding features including, but not limited to,
boxed -in eaves, reduced overhangs, double -paned windows, convection
resistant roof design, non - combustible roofing material, and related
design features. The County Fire Protection District shall review
this component of the Design Guidelines prior to approval by the
Director of Community Development.
rz�k.resc sip Asa lie
ix
......... .................. .................
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County of Ventura Computer -Aided Mapping System
26. The Final Map, including phased tract maps, shall be submitted in
accordance with County Ordinance No. 3982, entitled "An Ordinance of the
Ventura County Board of Supervisors Requiring New Subdivision Records to
be Included in the County's Computer -Aided Mapping System and Establishing
Related Fees."
Condition Compliance and Environmental Quality Assurance Program Costs
27. The subdivider shall pay to the City 100 percent of all City and
consultant costs for condition compliance review and mitigation
monitoring. A deposit for implementation of an Environmental Quality
Assurance Program (mitigation monitoring) shall be submitted prior to
rough grading permit approval and approval of a Final Map for any phase.
Park (Quimby) Fees
28. Prior to approval of each phase of the Final Vesting Map, the subdivider
shall pay park (Quimby) Fees, consistent with City Subdivision Ordinance
requirements.
School District Fees
29. School District fees shall be paid prior to the issuance of building
permits for individual phases of the project.
Citywide Traffic Mitigation Fee
30. For the golf course lots the Applicant /Developer shall pay a total
Citywide traffic mitigation fee of $154,224
elthew gel€ eeaEGe. For all single - family residential lots, the
Applicant/ Developer shall pay a Citywide traffic mitigation fee of $3,000
for each dwelling unit pEleE to i suaese —e;f a-- 3seina Cleo as der tea
The fees
VESTING TENTATIVE MAP NO. 4928
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
identified in this condition shall be adjusted annually (commencing one
year from the date of approval of this Tentative Map) by any increase in
the Consumer Price Index (CPI) until paid. The 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 January of each
Air Quality Mitigation Fees
31. The Applicant /Developer shall pay an air quality. mitigation fee of $811
r dwelling unit prior to ::.: ] >I€ tip::: >ttae<: >s
M.
plan - ekeek. Air quality mitigation feesYfor the golf courses shall be
Paid &..+ 3�:U€........
..:�. ...... .te -three m ^ B r:m�
eeexee, and the 0e6end and- thiNd- payments to -he eee yea* and twin
The these golf
course air alit impact fee a •� on c..
quality p payments shall be t �_
General Grading Sequence
32. Rough and fine grading permits shall be required to complete construction
of required residential and golf course infrastructure and lots: 1) a mass
pwleN
or rough grading permit shall""-ft be approved to t, recordation
of Phase 1 of the Final Vesting `Map ;;;;,
Q-4 aff eaely goading — agreement, 66 ipliance with other conditions of
approval, and previsien e€ surety to guarantee impleff►ef3tat }ee- of the
Ate^^^: on- meatrel plan and templet' en of rough 9yadiffg, Of "C"
AaR #Araainaa aaad two oaatAW t°airii0, eenotr.- OkiCan Of se;Jef: I i Me eff*SOf36J a a
eensteaetien Mall eequieed "ainage iffipreyements, and 1"lementatien and-
s€ habitat was required by the fnitigaW as
ffieniteeing pve9eam)9 and 2)
�segeefft €iffe geading- permits shall to
dd
a £or add uid u ph
alases of he;, Final V@stiffy map after =6QWdaW e:_
Contour Grading
33. Final fine grading plans must conform with the principles of contour
grading. Manufactured landforms shall be contoured and daylight grading
techniques shall be used to provide a smooth and gradual transition of
graded and natural slopes, while preserving the basic character of the
surrounding ridgelineB of the site. Rough and fine grading plans for lots
and golf courses shall be reviewed for compliance with these principles by
the Director of Community Development and the City Engineer. Also, the
grading plans shall indicate the manner in which the graded slopes shall
be blended with the natural slope of the site.
Stabilize Slopes
34. Planned vegetation, irrigation, structures, roadways, paths, and
continuing maintenance programs shall be used to stabilize manufactured
slopes.
Aesthetic Treatment of Manufactured Slopes
VESTING TENTATIVE MAP NO. 4928
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
35. Suitable quantities of trees massed near the landform crest and shrubs of
varying sizes on graded slopes shall be used to screen structures and to
soften the visual appearance of the graded slopes.
Grading Restrictions for Easterly Residential Lots
36. The rough and fine grading plans shall be designed so as to screen views
of interior project grading and views of homes from Walnut Canyon Road to
the satisfaction of the Director of Community Development and City
Engineer, and shall conform with the principles of contour grading.
Gateway Entrance Monumentation, Streetscape Standards, and Neighborhood Design
Form
37. Both the eastern and western "C" Street entrances to the proposed project
shall provide residential and golf course community entry monumentation,
appropriate landscaping at entry points, and golf course signage. A sign
program shall be submitted to the Director of Community Development for
review and approval prior to the first residential or golf course
occupancy. An orderly and consistent street tree planting program shall
be required for both entranceways to provide a landscaping pattern that
resembles a rural ranch entry road design. Trees shall be spaced at equal
intervals or clustered as approved by the Director of Community
Development. Recommended tree plantings for these entry points and along
"C" Street shall include the non - natives typically used in ranch settings
for entryways including pepper, eucalyptus, and olive trees. Other street
tree plantings shall be consistent with the Ventura County Guide to
Landscape Plans. The Director of Community Development shall review and
approve all gateway, Streetscape, and street tree planting programs for
the project prior to fine grading permit approval, and all such
landscaping for each approved phase shall be installed prior to the first
occupancy for that phase.
Ridge Setback and Planting
38. The eastern perimeter of the project shall be set back from the ridge
system visible along Walnut Canyon Road to the satisfaction of the
Director of Community Development. Landscaping around this ridge system,
once it is restored, shall emphasize reestablishment of existing native
and non - native habitat (such as naturalized ranch tree species). The
landscaping program on the eastern perimeter shall emphasize restoration
of the existing vegetation and on the west side, the program shall
emphasize the use of variable sized, tree lined streets to minimize the
adverse effects of the urban design planned along this perimeter.
Temporary Irrigation for Erosion Control Landscaping
39. Temporary irrigation shall be provided for all non permanent erosion
control landscaping until it is replaced with permanent irrigation unless
otherwise approved by the Director of Community Development. Temporary
irrigation must be replaced with permanent irrigation prior to issuance of
a Zoning Clearance for the first building unless drought tolerant plants
selected do not require permanent irrigation.
Drainage Between Lots
40. Cross lot drainage shall not be allowed; all lots shall drain directly to
an approved drainage system.
Drainage Structures
VESTING TENTATIVE MAP NO. 4928
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
41. Concrete drainage structures shall be tan colored concrete and, to the
extent possible, shall incorporate natural structure and landscape to
reduce their visibility.
Use of Berms to Screen Views of Parking Lots
42. For golf course lots 218 and 220, graded berms shall be constructed along
all parking areas abutting any street or residential lot to act as a
screen. Except as otherwise provided as a condition of CUP -94 -1, the
berms shall have a maximum height of 4 feet and a minimum height of 3 feet
and shall be landscaped, as approved by the Director of Community
Development.
Surety for Rough Grading
43. A rough grading permit shall not be approved until i s 1) an early
a: n _ ed and a ,tea by the G t.r`144i4 :i and 2 ) The
City Engineer and the Director of Community Development approve the
acceptance of a Performance Bond to guarantee implementation of the
erosion control plan and completion of the rough grading, construction of
"C" Street and all related improvements including landscaping, construction
of Walnut Canyon Road and Grimes Canyon Road improvements including
required off -site improvements, construction of potable and reclaimed
water line extensions and two water tanks, construction of sewer line
extensions, construction of all required drainage improvements, and
implementation and maintenance of habitat restoration (as required by the
mitigation monitoring program) :.... ; #
...:::....
H". la the ease e€ €a €I e.. a ee... alm" �s een��€ ens Q.6 G14Y
Ceti a -rwa l� ese�st �esl mace -the surety- €eLc€ei6 Upon completion
of rough grading and erosion control plan compliance to the satisfaction
of the City, and following recordation of all phases of the Final Vesting
Map, the City Council may reduce the amount of the bond; however, the bond
must be kept in full force and effect for a minimum of one year following
rough grading to ensure adequate erosion control and reveaetation..':?z'hd
Surety for Gemaiee ft'' <$ _ 1A Maintenance Area Improvements
44. No Zoning Clearance shall be issued for grading or other construction
activities until all "C" Street Gammon Maintenance Area improvements
specified in the conditions of approval for this perffiit and Vesting
Tentative Map No. 4928 have been provided or the Director of Community
Development approves the acceptance of a Performance Bond to guarantee the
construction, installation, and maintenance of "C" Street Gemmee
Maintenance Area improvements including, but not limited to perimeter
tract walls (including stucco treatment), fences, median and parkway
landscaping, slope planting, irrigation, and other landscape improvements.
Required improvements shall be completed prior to the first golf course
or residential occupancy approval. In case of failure to comply with any
term or provision of this condition, the City Council may by resolution
declare the surety forfeited. Upon full completion of the required
improvements to the satisfaction of the City, the City Council may reduce
the amount of the bond; however, the bond must be kept in full force and
effect for one year after the last golf course or residential occupancy,
whichever occurs later, to guarantee that items such as, but not limited
to, perimeter tract walls, including stucco treatment, landscaping,
fences, slope planting or other landscape improvements are maintained.
Reclaimed Water Requirements
45. Reclaimed water shall be used for all public and private 44".5t.'
Common � 1ht 8 3�G Area landscaping and for golf cour . r............................ �
10
VESTING TENTATIVE MAP NO. 4928
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
Prior to occupancy approval for both golf courses, the Director of
Community Development shall approve in writing the percent of potable
water to be blended with reclaimed water for the golf course greens.
Prior to rough grading permit approval, the City Engineer shall require
surety for the construction of the reclaimed water facilities and
infrastructure. Reclaimed water shall be available to the golf courses
and public and private?„ Common Maintenance Areas
P rior to commencement of rr 9 * f for ermanent landscaping.
g•
Tree Report
46. Prior to approval of Phase 1 of the Final Vesting Map, the Tree Report for
the project area shall be completed to determine the health and
replacement value for all mature and oak trees as required by the City
Municipal Code and to clearly identify the location of trees that will be
impacted and any that can be saved.
Landscaping Requirements
47. Prior to rough grading permit approval, complete landscaping and
irrigation plans (2 sets), together with specifications and a maintenance
program shall be prepared by a State Licensed Landscape Architect for the
Gammon Maintenance Areas for "C" Street. The landscaping and irrigation
plans for the Common Maintenance Areas for the residential development
shall be prepared prior to recordation of the applicable phase of
development. The landscaping and irrigation plans for the golf courses
and clubhouse area shall be prepared prior to recordation of Phase 1 of
the Final Vesting Map.
All landscaping and irrigation plans shall be generally in accordance with
the Ventura County Guide to Landscape Plans, and shall be submitted to the
Director of Community Development for review and approval. The subdivider
shall bear the cost of the landscape plan review, installation of the
landscaping and irrigation system, and of final landscape ... inspection. All
tree replacement, t � p p Common Xi eft-# Area
landscaping, and permarent'eroe on control�"A' scaping sha 7`be' rietalled
and receive final inspection prior to issuance of an occupancy approval
for the first residential unit or golf course in each phase, as
applicable, with the exception that all streetscape landscaping shall be
completed within 90 days of completion of the related course street base.
Planting and irrigation specifications shall be included for all
manufactured slopes over three ( 3 ) feet in height, and all::.,::.. i
Common Maintenance Areas
. The purpose of the landscaping shall be to
control erosion, prevent aesthetic impacts to adjacent property owners,
mitigate the visual impacts of all manufactured slopes three (3) feet or
more in height, replace mature trees lost as a result of construction, and
provide a landscaping pattern along the streets and entranceways that
resembles a rural ranch design. The Landscaping and Irrigation Plans shall
include landscaping specifications, planting details, and design
specifications consistent with the following requirements:
a. Irrigation: Irrigation shall be provided for all permanent
landscaping identified in the approved landscape plan. The
subdivider shall be responsible for maintaining the irrigation
system and all landscaping until such time as a Homeowners'
Association, assessment district, or similar entity approved by the
City accepts the responsibility.
b. Tree Report: The information contained in the Final Vesting Map No.
4928 Tree Report, regarding which trees are to be saved or retained
on the site, shall be noted on the landscape plan.
11
VESTING TENTATIVE MAP NO. 4928
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
C. Tree Replacement: The landscape plan for "C" Street and the
entranceways at Walnut Canyon and Gabbert Canyon Roads shall specify
how trees removed during the rough and fine grading phases of the
project will be replaced in accordance with Municipal Code
requirements.
d. Streetscape Elements: The landscape plan shall include the final
design of all sidewalks, barrier walls, streetscape elements, urban
landscaping and pedestrian paths within the project limits.
e. Streetscape Appearance: All landscaped pedestrian walkways shall be
designed to provide an aesthetically pleasing streetscape appearance
and shall be subject to approval of the Director of Community
Development. All pedestrian walkway plans shall conform to
conditions of approval.
f. Tree Planting: A sufficiently dense tree planting plan emphasizing
tall growing trees and /or shrubs shall be designed. Planting shall
be planned to achieve shade and screening in a three (3) to five (5)
year time period. A minimum of 25 percent of the trees shall be 24-
inch box size and a minimum of 25 percent shall be 36 -inch box size.
In addition, recommendations regarding planting, that are included
in the mitigation monitoring program, shall be incorporated to the
degree feasible into the screening plan. The size of the trees to
be planted shall be subject to approval of the Director of Community
Development.
g. Dominant Street Tree: A coordinated tree planting program shall be
developed for all
, ........................::.: ::..................:::::......
p#tg;;':ommon Maintenance Areas.
Dominant street treed-- all .vary between residential streets to
provide aesthetic diversity within the development.
h. Landscaping Near Intersections: Landscaping at site entrances and
exits and at any intersection within the development shall not block
or screen the view of a seated driver from another moving vehicle or
pedestrian.
i. Landscaping Within !Median and Parkways: Landscaping within any
median or parkway shall be designed so as to not obstruct the view
of any exterior door or window from the street.
j. Trees Prohibited Under Street Lights: Landscaping (trees) shall not
be placed directly under any overhead lighting which could cause a
loss of light at ground level.
k. Equipment Screening: Backflow preventers, transformers, or other
exposed above grade utilities shall be shown on the landscape
plan(s) and shall be screened with landscaping and /or a wall.
1. Slopes Adjacent to Grimes Canyon Road: A restriction and /or
covenant in a form satisfactory to the City Attorney shall be placed
on lots 133 -135, 142, 143, 157, 158, and 161 prohibiting any deck,
patio, gazebo, or other structure on the slope adjacent to Grimes
Canyon Road.
M. Maintenance and Replacement: Until one year after occupancy of the
final residential unit in the tract or golf course occupancy,
whichever occurs later, the Applicant /Developer shall be responsible
for maintenance of the ;Common Maintenance
Areas. Prior to Homeowners' Association, or assessment district,
or similar entity's acceptance of responsibility for the landscaping,
12
VESTING TENTATIVE MAP NO. 4928
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
the Applicant /Developer shall replace any dead plants and make any
necessary repairs to the irrigation system consistent with the
landscape plan approved for the subdivision.
n. Native and /or Drought Tolerant Plantings: The use of native and /or
drought - tolerant shrubs and trees shall be utilized for landscaping
purposes in order to stabilize graded slopes and encourage the
return of some wildlife species displaced from the project site as
a result of grading activities. Any turf plantings shall also be
drought tolerant, low water -using varieties.
o. Exotic Plants Prohibited: Exotic plants which are known to spread
beyond their original plantings and invade native habitats such as
Pampas Grass, Spanish Broom, and Tamarisk shall not be used.
Noise Management
48. The interior noise levels of dwelling units on lots bordering Walnut
Canyon and Grimes Canyon Roads shall conform with the noise insulation
standards of Chapter 1, Article 4, Section 1092 of Title 25 of the
California Administrative Code. Noise source levels shall be based upon
the traffic volumes projected for the Year 2010 along Walnut Canyon and
Grimes Canyon Roads, as predicted in the traffic technical report in the
environmental document for this project. Determination as to whether the
architectural design for these dwelling units complies with this condition
shall be made by the Building Department and Director of Community
Development prior to the issuance of building permits.
Non - Buildable, Restricted -Use Easement (Agricultural /Land Use Buffer)
49. The developer shall provide a minimum 100 foot width non - buildable,
restricted -use easement, that may he reeavded- as- -A eeeseEvatiea eaoeffien ,
along the entire perimeter of the area covered by Vesting Tentative Map
No. 4928. This easement is to serve as the 100 -foot fuel modification
zone for fire prevention:— and as ] .:e t3�...: t Cl... is �.6CV- ��?s�s
Only landscaping consistent . -rE1h a ki e
(reference Fire Prevention District
the easement. No structures of any
drainage structures, fencing /walls,
City or other public agency, shall
Recordation of said easement shall o
of Phase 1 of the Final Vesting Map.
on all subsequent recorded maps for
conditions) shall be allowed within
kind or size, with the exception of
and infrastructure required by the
be permitted within the easement.
:cur coincidentally with recordation
This easement shall be illustrated
.3hased residential development.
Easement Prohibiting Future Residential Development in Golf Course Areas
50. By approving the Moorpark Country Club Estates Project, the City has
allowed the available residential density for the golf course acreage to
be transferred to clustered residential areas, shewn as lets 1 threugh 216
Gig the Vesting Tentative Hap. To ensure that the golf courses are not
proposed for residential development in the future, in conjunction with
recordation of Phase 1 of the Final Vesting Map, the subdivider shall
record an easement prohibiting future development of residential dwelling
units within any of the golf course acreage, shown as lots 217 through 220
on the Vesting Tentative Map.
Dedication of Future Road Easement
13
VESTING TENTATIVE MAP NO. 4928
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
51. An offer of dedication shall be made for a 56 -foot future road easement
from the terminus of "D" Court to the property line, as shown on Sheet 2
of the Vesting Tentative Map No. 4928. The subdivider for that phase
shall install a sign notifying residents that there is a dedicated
easement for a future road extension. The Homeowners' Association is
required by a separate condition of approval to maintain the sign in
perpetuity, or until such time that a future roadway is constructed or the
easement is relinquished by the City.
Deed Restriction
52. The subdivider shall record a deed restriction intended to inform all
prospective buyers of residential lots of the restrictions of the 100 -foot
#1»Inon- buildable, restricted -use easement and of the adjacent
agricultural operations. Prior to issuance of a Zoning Clearance for the
first residential structure, the subdivider /developer shall submit to the
Director of Community Development proof of said deed restriction
recordation and homebuyer acknowledgment.
Multi -Use Trail Easement
53. The Final Vesting Map shall identify a 20 -foot width multi -use trail
easement as shown on the Tentative Map, and include a typical section. It
shall also include an irrevocable offer of dedication for the easement and
an irrevocable offer of dedication for public purposes for Lot 217, the
trail staging area. All phases of the Final Map shall show the location
of the multi -use trail easement.'.:..:...`.' .i?! :.: :aera:..o...:h�.. >.::
54. To allow compliance with the Zoning Code golf course parking requirements,
the first phase of the Final Map shall reflect a revision to the lot lines
for lots 218 and 220 to provide a minimum of 50 percent of the parking
requirements on -site, within lot 218 (31 parking spaces based on approved
site plan /floor plan). In addition, prior to occupancy approval for the
east golf course, a copy of a reciprocal access easement and recorded
lease, allowing the east golf course to use 30 parking spaces on the west
golf course lot shall be submitted to the Director of Community
Development to provide that the off -site parking will exist as long as the
use it serves.
Location of Perimeter Property Line Fencing /Walls
55. A Perimeter Boundary Fencing and Wall Plan is required to be submitted,
for Director of Community Development approval, prior to approval of the
first phase of the Final Vesting Map. The perimeter boundary fencing /wall
plan shall include the type, height, and location of all fencing and /or
walls to be installed along the perimeter of the entire project site and
along "C" Street and within the "C" Street parkway. Boundary perimeter
fencing or walls shall be installed prior to the first residential or golf
course occupancy in each phase. Perimeter boundary fencing shall be a
minimum of 6 feet in height and shall be installed by the Applicant/
Developer adjacent to agricultural zoned property prior to the first golf
course occupancy approval or first residential occupancy approval north of
"C" Street, whichever occurs first, and shall represent a substantial
barrier to discourage vandalism and trespassing. The Director of
Community Development may approve high - quality chain link fencing adjacent
to agricultural properties in locations where such fencing would not be
visible from the public right of way or the adjacent residential pads. In
14
VESTING TENTATIVE MAP NO. 4928
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
all other perimeter locations, not adjacent to agricultural zoned
property, either wrought iron fencing, a block wall, or a combination
shall be provided, as determined by the Director of Community Development
in the Perimeter Fencing and Wall Plan.
56. All property line walls or fencing shall be constructed consistent with
RPD Permit and CUP requirements, and shall be no further than one inch
from the property line.
Lighting Restrictions
57. All exterior lighting shall be fully hooded and shielded.
Street Lighting Standards
58. Street lighting standards shall be as specified by the City Engineer and
the approved mitigation monitoring program, and shall be incorporated into
the project photometric plans. Entrance lighting along project access
roads shall be compatible with the surrounding rural neighborhoods. Low
intensity night lighting shall be required within the streetscape;
however, at intersections, brighter lighting complying with County and
City intersection safety standards shall be required.
Water Tanks
59. Prior to approval of Phase 1 of the Final Vesting Map, the subdivider
shall work with Waterworks District No. 1 to ensure that any water tank on
the project site shall be painted an earthtone color, such as tan, and
screened with an earthen berm and drought tolerant landscaping to minimize
visual impacts. The tank color and landscaping plan shall be approved by
the Director of Community Development prior to installation. An irrigation
system shall be established for the landscaping; however, irrigation can
be discontinued after landscaping has become established and irrigation
water is no longer required, upon written approval by the Director of
Community Development.
Calleguas Municipal Water District
60. Prior to approval of each phase of the Final Vesting Map, the subdivider
shall demonstrate by possession of a District Release from the Calleguas
Municipal Water District that arrangements for payment of the Construction
Charge applicable to the proposed subdivision have been made. The
subdivider shall comply with Ventura County Waterworks District No. 1
Rules and Regulations, including payment of all applicable fees for
domestic water sources.
Waterworks District No. 1
61. Prior to recordation of any Phase of the Final Vesting Map, an
unconditional availability letter shall be obtained from the County
Waterworks District No. 1 for sewer and water service for each lot. Said
letter shall be filed with the Department of Community Development or, if
said Unconditional Availability Letter in a form satisfactory to the City
cannot be obtained from the County Waterworks District No. 1, the
developer shall execute a Subdivision Sewer Agreement in a form
satisfactory to the City. Said agreement shall permit deferral of
unconditional guarantee for sewer and water service until issuance of a
building permit for each lot in the subdivision. Said agreement shall
include language holding the City harmless against damages in the event of
the ultimate lack of adequate water or sewer service.
Water Well Relocation or Modification
15
VESTING TENTATIVE MAP NO. 4928
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
62. Relocation and /or modification of the existing wells on the property shall
be subject to the approval of Waterworks District No. 1 and the Director
of Community Development. Screening and noise attenuation shall be
required around the perimeter of the three well lots, including, but not
limited to, walla and /or an earthen berm, and landscaping. The well
screening and relocation plan shall be submitted for Waterworks District
No. 1 and Director review and approval prior to City approval of any
grading permit. Permanent irrigation shall be provided for landscaping
for compatibility with golf course landscaping.
Cross Connection Control Devices
63. At the time water service connection is made, cross connection control
devices shall be installed on the water system in a manner approved by the
County Waterworks District No. 1.
Television Cable Service
64. Television cable service shall be provided to all residential units and
the golf course clubhouse(s) consistent with City cable system
requirements. Undergrounding cable wires is required and no lines shall
be allowed to be extended along the exterior walls of structures.
Undergroundina of Utilities
65. Prior to approval of any phase of the Final Vesting Map, the subdivider
shall post sufficient surety to assure that all proposed utility lines
designed to serve the proposed project, both within and immediately
adjacent to the project site, shall be placed underground to the nearest
off -site utility pole. All existing utilities shall also be
undergrounded to the nearest off -site utility pole with the exception of
66 KV or larger power lines. This requirement for undergrounding includes
all above - ground power poles on the project site as well as those along
the frontage of the site adjacent to Walnut Canyon and Grimes Canyon
Roads. The subdivider shall indicate in writing how this condition will
be satisfied.
Declaration of Public Nuisance
66. The continued maintenance of the Common Maintenance Areas shall be subject
to periodic inspection by the City. The Applicant /Developer or
responsible Homeowners' Association, or similar maintenance entity, shall
be required to remedy any defects in landscape maintenance, as indicated
in writing by the City, within five (5) days after notification. The
Director of Community Development may declare a development project or
individual property that is not in compliance with the Conditions of
Approval, or for some other just cause, a "public nuisance ". The
Applicant /Developer, Homeowners' Association, or each individual property
owner, as applicable, shall be liable to the City for any and all costs
and expenses to the City involved in thereafter abating the nuisance and
in obtaining compliance with the Conditions of Approval or applicable
codes. The City may enact special assessment proceedings against the
parcel of land upon which the nuisance existed to pay all City costs
related to abatement of the nuisance (Municipal Code Section 1.12.080).
Biological Resource Preservation
67. The existing on -site Valley Needle Grassland habitat shall be preserved
within the golf course ro rt » >:,.,:.::.;.,.;.,.;: ":;..;.,.;
P Pe y:.;:•:::•:::::::. a,�.....
uP to a tetal e€ 3.9 -aeres -er the Needle n
e
Pr- Q"de61- ;v #�ls aRe G, mete- pr-etested a6eas of eltherthe- eastss west
16
VESTING TENTATIVE MAP NO. 4928
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
gait esuNses, as- appEeved by the s- -yeenst .r eff Gemmiva ty Development, and
shall be maintained by the golf course operator(s).
68. Prior to rough grading permit approval, the project site plan shall be
modified to clearly identify areas of dedicated open space within which
native habitats shall be retained or restored. Approximately 2 acres of
lot No. 217 shall be set aside for native habitat restoration. The
restoration shall occur prior to occupancy approval for either golf
course. Any other proposed uses for lot No. 217 shall require a
Modification to CUP -94 -1. As required by the Multi -Use Trail Easement
condition, the Final Vesting Map shall include an irrevocable offer of
dedication for public purposes for lot No. 217 to the City.
69. Prior to issuance of building permits for golf course construction, the
Applicant /Developer shall fund a $60,000 Venturan Coastal Sage Scrub
Community research program to be managed by the City. The purposes of
this program shall be to accurately map the remaining distribution of this
community, to study its soil requirements, plant ecology, and wildlife
associations, to provide management advice on the community for agencies
and private individuals, to raise funds for the purpose of acquiring lands
where remnant stands of the community exist, and to provide guidance
about restoration or propagation of the community. The research program
shall include a study of the ecological issues related to the management
of the community. Provision must be made for disseminating the results of
the study. Research programs shall be performed only by qualified
professional botanists, wildlife biologists, or other relevant researchers
as determined by the Director of Community Development.
70. Prior to the issuance of building permits for the golf courses, the
Applicant /Developer shall fund a $30,000 sensitive species research
program to be managed by the City. The purposes of this program shall be
to study how best to assist in providing adequate marginalized habitats in
areas of urban encroachment for sensitive species that are predicted to
occur within the Moorpark Country Club Estates property and surrounding
area. The program shall include an updated inventory of sensitive species
occurring in the Moorpark area. Recommendations shall be made to provide
modifications to the Moorpark General Plan Open Space, Conservation, and
Recreation Element to improve the accuracy of the existing inventory of
native fauna. Management suggestions designed to permit at least the
marginal survival of native wildlife shall be provided. The study shall
also provide management advice on native fauna for agencies and private
individuals. Provision must be made for disseminating the results of the
study. Research programs shall be performed only by qualified
professional botanists, wildlife biologists, or other relevant researchers
as determined by the Director of Community Development.
71. Native plants shall be used in the restoration of areas disturbed by the
construction of the project. The City shall monitor the use of native
plants through the review and approval of all project landscape plans.
72. Prior to issuance of grading or building permits for either golf course,
the City shall verify that provisions are included in the golf course
construction and landscaping plans for the creation of two artificial
freshwater springs, which shall be established along the western Gabbert
Canyon Creek riparian corridor. The location of these artificial springs
shall be designated by a qualified vertebrate biologist and botanist,
retained by the City at the Applicant /Developer's expense. These
artificial springs shall be maintained to provide year round flows of
appropriate water volumes (similar to existing springs in the region).
The created spring systems shall be designed to reproduce the conditions
present at the existing natural springs in the region. The springs shall
be appropriately revegetated with native plants (Typha sp., Scirpis sp.,
17
VESTING TENTATIVE MAP NO. 4928
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
and Salix sp.) and other stream side plants common in the region. The
springs shall not be developed within 500 feet of any proposed trail
system.
73. Prior to the issuance of grading or building permits for the golf course
facilities, the City shall verify that provisions are included in the
construction and landscaping plans for the restoration of riparian canopy
within an area occupying a minimum of 10 acres of woodland riparian
habitat. The landscape plan and subsequent monitoring shall require the
successful establishment of the following species and plant quantities:
Species Quantity:
Alnus rhombifolia (Alder)
Acer negundo Subsp. (Box Elder)
Platanus racemosa (Sycamore)
Salix lasiolepis (Arroyo Willow)
Sambucus mexicana (Elderberry)
Juglans californicus (Walnut)
Quercus agrifolia (Live Oak)
15
10
40
40
20
20
30
Trees shall, at a minimum, be 5 gallon container specimens (except for
willows, which shall be 1 gallon container specimens) or bare root at the
time of planting with a height of 7 feet from the root crown to the top
branch. The restoration program in drier areas shall be coordinated with
the establishment of artificial springs (required by preceding condition).
A long -term supply of fresh (or reclaimed) water shall be provided to
assure the perpetuity of the plants. Adequate root guard protection shall
be provided to reduce mortality from rodent activity. All mature riparian
species trees identified in the tree report for the project shall be
preserved.
Buffer Zone
74. A buffer zone approximately 25 feet wide, measured from the top of the
bank, shall be maintained adjacent to each side of all protected drainages
identified in the Certified Final EIR Biological Constraints Map. This
buffer is designed to protect these areas from impacts resulting from the
proximity of project - related activities. This buffer shall be subject to
the following policies:
a. The exact location of this buffer zone shall be determined by the
Community Development Director in consultation with an independent
biologist.
b. This buffer zone shall be identified and staked to the satisfaction
of the Director prior to grading operations.
C. No physical alterations other than revegetation shall be allowed
within this buffer zone unless an independent biologist, approved by
the City and funded by the Applicant /Developer, has certified that
such work would not damage the integrity of the buffer. Prohibited
activities generally include: grading, cut, fill, clearing,
landscaping, storage of equipment and materials, vehicular parking
and irrigation (except for the establishment of native plants).
Required flood - control improvements and bank protection are exempt
from this requirement.
Mature Tree Protection Requirements
75. This project shall not initially remove any mature tree protected under
the City Tree Protection Ordinance. Damage or removal of any protected
tree by this project shall be subject to the provisions of the Tree
Protection Ordinance:
18
VESTING TENTATIVE MAP NO. 4928
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
a. No grading or other activity (e.g., equipment and material storage,
parking, etc.) shall occur within the driplines on protected trees.
To ensure this, temporary protective fencing shall be installed at
least one foot outside the dripline of every such tree prior to
grading.
b. Grading and other activities may occur between the dripline and 10
feet beyond the dripline of every protected tree only if the project
appointed City Arborist first conducts a field survey of the
situation and certifies to the City that the protected tree will not
be damaged by the proposed activity. In addition the Arborist shall
monitor these activities while they occur to ensure that the
protected tree is not damaged.
C. Prior to grading, the grade subject to review by the Arborist shall
be staked and otherwise marked as off - limits for activities not
previously approved by the Arborist. Also, the off -limit areas
shall show on the approved grading plan with notes to the grading
contractor on the face sheet of the approved grading plans.
d. Prior to grading, the Arborist shall tag and evaluate the health of
every protected tree on the site, and develop a program of
treatments to ensure the long -term health and survival of the trees.
The results of this study shall be approved by the Community
Development Director prior to start of grading or land clearing of
any kind.
Cultural Resource Mitigation Planning
76. A cultural resource monitoring program shall be instituted during the
initial vegetation clearance for the project. The Applicant /Developer
shall fund the cost for the City to hire an archaeologist to accomplish
this monitoring as a component of the EQAP mitigation monitoring. The
purpose of this monitoring program is to determine if any significant
deposits not identified during the Phase I survey exist within the project
boundary. The monitoring shall be limited to the initial vegetation
clearance phase of the rough grading program. If cultural deposits
meeting the significance criteria defined in CEQA Guidelines are
encountered, limited data recovery shall be conducted. The costs of this
data recovery shall be limited as defined in Appendices to CEQA
Guidelines. Chumash representatives shall be actively involved in the
monitoring and any subsequent phases of the project mitigation program.
Participation shall include monitoring of archaeological investigations,
construction monitoring, and data analysis.
Paleontological Data Recovery
77. Prior to issuance of a Rough Grading Permit, a Paleontological Mitigation
Plan, outlining procedures for paleontological data recovery, shall be
prepared and submitted to the Director of Community Development for review
and approval. The development and implementation of this Plan shall
include consultations with the Applicant /Developer's engineering
geologist. The monitoring and data recovery work shall be performed by a
qualified paleontologist. The Applicant /Developer shall fund the cost
for the City to hire a qualified paleontologist to accomplish this
monitoring as a component of the EQAP mitigation monitoring. The data
recovery should include periodic inspections of excavations and, if
necessary, fossil data recovery should be performed to recover exposed
fossil materials. The costs of this data recovery shall be limited to the
recovery of a reasonable sample of available material. The interpretation
of reasonableness shall rest with the Director of Community Development.
19
VESTING TENTATIVE MAP NO. 4928
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
Water Quality Mitigation Planninq - Integrated Golf Course Management IIGCMI Plan
78. Prior to rough grading permit approval, the Applicant /Developer shall
prepare and submit to the City for review and approval an Integrated Golf
Course Management (IGCM) Plan to address water quality impacts of the golf
courses Of thin ZQQM Plan m v—him ataf a *:A 7awi y
. The intent of
this requirement is that the permanent drainage plan shall be designed to
be in conformance with the IGCM Plan. The conditions of approval for CUP -
94-1 specify further requirements for the IGCM Plan.
State Department of Fish and Game Notice of Determination Filina Fee
79. Within two days after the City Council adoption of a resolution approving
General Plan Amendment No. 94 -1, Vesting Tentative Map No. 4928, RPD
Permit No. 94 -1, and CUP No. 94 -1, the applicant shall submit to the City
of Moorpark a check for $875.00, payable to the County of Ventura, to
comply with Assembly Bill 3158, for the management and protection of
statewide fish and wildlife trust resources. Pursuant to Public Resources
Code section 21089 (b) and Fish and Game Code section 711.4 (c), the
project is not operative, vested or final until the filing fees are paid.
II. CITY ENGINEER CONDITIONS OF APPROVAL
PRIOR TO FINAL MAP APPROVAL THE FbLLOWZNG CONDITIONS SHALL BE SATISFIED:
General Requirements
80. All residential areas to be commonly maintained by a Homeowners'
Association, as determined by the City, shall be designated as separate
lettered lots on each phase of the subdivision map.
81. Recorded Final Maps for each phased of the Vesting Tentative
Tract Map - (refeeeeee Sheet 4 e €''' en a ive �� -4928) for the project
sha.11 . .be permitted subject to the applicable conditions of approval.
........................_.. _
Each phase of the Final Map may be filed concu ently or in sequence.
Phasing shall be in substantial conformance with
v--0t44xg mPn at;ve —Mftp, Deviations in the numerical map recording and
construction sequence must be approved by the City Council.
82. For each phase of the Final Map, the subdivider shall submit to the City
of Moorpark for review and approval, a rough grading plan, consistent with
the approved Vesting Tentative Map, prepared by a Registered Civil
Engineer. The subdivider shall enter into an agreement with the City of
Moorpark to complete the improvements required for each Phase of the Map
and shall post sufficient surety guaranteeing completion. A single rough
grading plan will be accepted, in lieu of multiple rough grading plans for
each individual phase, upon approval of the City Engineer.
83. The subdivider shall submit to the City Engineer, for review and approval,
a phased grading schedule. The schedule shall have an exhibit which
delineates the rough and fine grading stages and shows the timing
associated with each phase of grading. Any modifications to the schedule
must be approved by the City Council.
84. Upon aggsa4 o4A3 of the Final Map, requests for rough grading
permits will be cjranted in accordance with the approved phasing plan
20
VESTING TENTATIVE MAP NO. 4928
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
( Sheet 4 Gf Ves4-- ecr Tentative ` -Map No 4 929), as required of these
conditions and local ordinance. Requests for a rough grading permit,
prior to City Council approval of a Final Map for recordation, will':: €'#t be
permitted
agFeemeet viitb the City, as apgLseved by the Gity manager--, and PLMOVIdes
Subsequent fine grading permits shall be issued upon completion of rough
gradin $jt#ts'j'; and review and a royal of fine
:.:::...:.: ..............::::.::..:::::.:. PP
...............
grading plans
for iriclivfdual .... pfiases"of the Final Map.
85. Concurrent with submittal of the rough grading plan an erosion,
debris /siltation and dust control plan shall be submitted to the City for
review and approval by the City Engineer. The design shall include
measures for hydroseeding and temporary irrigation on all graded slopes
within 30 days of completion of grading unless otherwise approved by the
City Engineer. Reclaimed water shall be used for dust control during
grading, if available from Waterworks District No. 1 at the time of
grading permit approval.
86. The grading plan shall provide that graded slopes be hydroseeded or
permanently landscaped within forty -five (45) days of completion of rough
grading. The City may specify alternate deadlines for completion of all
hydroseeding and /or erosion control measures, based on the grading
schedule and installation of permanent landscaping, as approved by the
City Engineer and Director of Community Development.
87. The subdivider or subsequent developers shall prepare an Erosion and
Sediment Control Plan to address construction impacts and long term
operational effects on downstream environments and watersheds. This plan
shall be prepared by a California registered Civil Engineer. Proposed
management efforts shall include (but not be limited to) construction of
debris and detention basins in the Gabbert Canyon watershed, provisions
for the use of vegetative filtering enhanced by creek bed reconstruction,
preparation of detailed erosion /sediment control plans, appropriate use of
temporary debris basins, silt fences, sediment traps and other erosion
control practices. The proposed plan shall also address all relevant
National Pollutant Discharge Elimination System (NPDES) requirements and
recommendations for the use of best available technology. The Erosion and
Sediment Control Plan shall be reviewed and approved by the City Engineer
prior to the issuance of grading permits for rough grading.
88. The Erosion and Sediment Control Plan (ESCP) shall provide that temporary
erosion control measures be used during the construction process to
minimize water quality effects. Specific measures to be applied shall be
identified in the project Erosion and Sediment Control Plan. The
following water quality assurance techniques shall be included:
a. Minimize removal of existing vegetation.
b. Provide temporary soil cover, such as hydroseeding, mulch /binder and
erosion control blankets, to protect exposed soil from wind and
rain.
C. Incorporate silt fencing, berms, and dikes to protect storm drain
inlets and drainage courses.
d. Rough grade contours to reduce flow concentrations and velocities.
e. Divert runoff from graded areas, using straw bale, earth, and
sandbag dikes.
21
VESTING TENTATIVE MAP NO. 4928
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
f. Phase grading to minimize soil exposure during the October through
April storm period.
g. Install sediment traps or basins.
h. Maintain and monitor erosion /sediment controls.
i. The subdivider (or successors of interest) will ensure that
construction activities include proper management and disposal of
concrete and other masonry wastes, paint solvents and rinse wastes,
vehicle fuel and maintenance wastes (including oil), and other
construction debris. This will minimize exposure of these materials
to storm water and transport to the drainage system.
89. To minimize the water quality effects of permanent erosion sources, the
following design features shall be incorporated into the project grading
plan to the degree determined necessary by the project civil engineer.
The City Engineer shall review and approve the grading plan to verify
compliance with water quality enhancement features including:
a. installation of drainage swales, subsurface drains, slope drains,
storm drain inlet /outlet protection, and sediment traps;
b. installation of check dams to reduce flow velocities;
C. installation of temporary and permanent desilting basins;
d. planting of permanent vegetation, including grass -lined swales;
e. Installation of drainage courses and storm drain outlets designed to
reduce scour;
90. Sediment yields in the watersheds within the project boundary shall be
computed for pre- development and poet - development conditions in accord
with methods outlined in Erosion and Sediment Yields in the Transverse
Ranges, Southern California (United States Geological Survey, 1978).
These estimates of sediment yield shall be completed prior to initiating
final design of modifications to the existing debris basin facility
situated in the Gabbert Canyon Drainage, south of the project boundary or
any other necessary facilities as described in the approved ESCP.
91. The grading permits issued for the development shall require maintenance
schedules for earthmoving equipment and documentation of proper disposal
of used oil and other lubricants. The subdivider shall obtain all
necessary NPDES related permits prior to City issuance of the initial
grading permit for the project.
92. A Master Drainage and Flood Control Improvement Plan (FCIP) shall be
prepared which identifies all required drainage and flood control
improvements necessary to implement the proposed project. This plan shall
be prepared in consultation with the Moorpark City Engineer and the
Ventura County Flood Control District to facilitate required interagency
coordination. The plan shall identify all major improvements and typical
drainage facilities for both residential and golf course portions of the
project. The capacity, location, and size of all culverts, collection
devices, energy dissipaters, and related improvements shall be designed to
the satisfaction of the City Engineer and Flood Control District.
Capacity details for the construction of the on -site detention basins and
improvement of the existing debris basin in Gabbert Canyon shall be
included in the FCIP. All applicable Flood Control District permits
required to implement the FCIP shall be obtained from the County Flood
Control District prior to City issuance of a permit for rough grading. No
22
VESTING TENTATIVE MAP NO. 4928
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
rough grading permit shall be issued until the FCIP is completed. The
FCIP shall identify what improvements must be completed coincident with
the initiation of rough grading.
93. If required by the FCIP, improvements to the permanent debris basin in the
Gabbert Canyon watershed shall be made, which will be sufficient to reduce
estimated sediment generation to pre - development levels. Modifications to
this debris basin shall be made in conjunction with commencement of rough
grading operations for the proposed golf courses. The design of
modifications to this basin shall be reviewed and approved by the Ventura
County Flood Control District. All improvements to the basin shall be
completed prior to the first rainy season to occur after rough grading has
commenced. Any required offsite City and County contribution fees for
future drainage improvements shall also be made at this time.
Implementation of these off -site project drainage mitigation measures and
construction of off -site drainage improvements are subject to review and
approval by the City Engineer and the Ventura County Flood Control
District. The City Engineer and the Ventura County Flood Control District
may approve alternative on -site methods to fully mitigate project
drainage impacts.
94. If required by the FCIP, Gabbert Canyon debris basin maintenance shall be
provided under an agreement satisfactory to the Flood Control District.
An improvement and maintenance cost agreement between the Applicant/
Developer and the District shall be required prior to the issuance of
initial grading permits or recordation of the Final Tract Map (whichever
occurs first).
95. A Bank Protection Plan (BPP) shall be prepared to address potential
hazards to residences and components of the golf course situated within
the potential hazard limits of Gabbert Canyon Creek. This Plan shall be
prepared after review and approval of the FCIP. The bank protection
devices incorporated into this (BPP) shall, to the degree feasible,
emphasize the use of "soft" surface improvements (such as gabions, erosion
control matting, buried retention features, and similar devices) to
minimize modifications to the existing channel.
96. Potential locations for hazard remediation shall be identified on the
(BPP). Modifications to the BPP, required by the City Engineer or the
Ventura County Flood Control District, shall be made as requested. The
BPP shall also be reviewed by the Department of Fish and Game for
compliance with 1603 Permit requirements. An approved BPP shall be
completed prior to approval of the first phase of the Final Map and prior
to issuance of any grading permits.
97. The grading plan shall indicate the locations of all existing habitat and
other sensitive areas required to be protected during grading of the
proposed development. A note shall appear on the grading plan indicating
all areas within the development where grading or stockpiling is
prohibited.
98. All areas where grading is not allowed shall be clearly shown on the
grading plans (all sheets). On site haul routes shall be limited to
graded areas only and shall be discussed at the on -site pre - grading
meeting and delineated on the phased grading plan and schedule.
99. The subdivider shall indicate in writing to the City the disposition of
any wells that may exist within the project. If any wells are proposed to
be abandoned, or if they are abandoned and have not been properly sealed,
they must be destroyed or abandoned per Ventura County Ordinance No. 2372
or Ordinance No. 3991 and per Division of Oil and Gas requirements.
Permits for any well reuse (if applicable) shall conform with Reuse Permit
23
VESTING TENTATIVE MAP NO. 4928
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
procedures administered by the County Water Resources Development
Department.
100. The maximum gradient for any slope shall not exceed a 2:1 slope
inclination except where special circumstances exist and a contoured
appearance can still be provided. In the case of special circumstances
where steeper slopes are warranted, the grading plans will be reviewed by
a certified soils engineer and their recommendations will be subject to
the review and approval of the City Engineer and the Director of Community
Development.
101. New slopes adjacent to roadways and development areas shall be graded in
such a way that a natural contoured appearance in the graded plane shall
be provided. Contour grading of all slopes shall be provided as a design
element of the grading plan to the satisfaction of the Director of
Community Development and the City Engineer.
102. No grading activities shall take place within at least 100 feet along the
perimeter of blue line stream channels before giving proper notification
to the California Department of Fish and Game, Ventura County Flood
Control District and the U.S. Army Corps of Engineers.
103. All graded slopes shall be planted in a timely manner meeting the approval
of the Director of Community Development with groundcover, trees and
shrubs that will stabilize slopes and minimize erosion. Interim borrow
sites are to be hydroseeded within 30 days of completion of grading, shall
include temporary irrigation until groundcover is established, and shall
minimize rectilinear form.
104. Temporary irrigation, hydroseeding and erosion control measures shall be
implemented on all temporary grading. Temporary grading is defined to be
any grading partially completed and any disturbance of existing natural
conditions due to construction activity. These measures will apply to
temporary grading activity that remains or is anticipated to remain
unfinished or undisturbed in its altered condition for a period of time
greater than thirty (30) days or the beginning of the rainy season
whichever comes first.
105. All development areas and lots shall be designed so that surface drainage
is directed to street frontages or natural or improved drainage courses as
approved by the City Engineer.
106. Manufactured slopes which are greater than ten (10) feet in height shall
be rounded at the top and at the toe of slope to simulate natural
topography. At the discretion of the Director of Community Development,
side slopes may be exempt from this provision if the height of elope does
not exceed 15 percent of the width of the lot and has a slope height slope
of less than ten (10) feet.
107. The grading plans shall depict the methods used during grading operations
which minimizes, to the extent possible, impacts or disruptions to trees
which must be protected as identified in the approved oak tree or other
applicable tree reports.
a. Grading and /or the placement of structures shall be prohibited
within the dripline or three feet from the trunks of the tree,
whichever is greater. Grading and trenching within this area is to
be prohibited. No fill material shall be placed within this area.
b. No type of surface, either pervious or impervious, shall be placed
within a six -foot radius of tree trunks. These areas shall remain
uncovered and natural.
24
VESTING TENTATIVE MAP NO. 4928
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
C. Alternative pervious types of paving such as gravel, redwood chips,
porous brick with sand joints, etc. shall be utilized.
d. Retaining walls shall be used to protect existing grades within the
driplines of trees. However, these walls shall not alter drainage
from around trees.
e. Drainage shall be directed away from tree trunks to ensure that
water will not stand at the crown. To avoid drowning trees, water
shall not be allowed to pond or collect within the dripline.
During Construction:
i. Trees within a construction area shall be protected from
damage by equipment by installing temporary barriers such as
fencing at the dripline.
ii. Equipment, debris, building materials and /or excess soil shall
not be stored within the dripline.
iii. Trenches for utilities or irrigation shall be routed around
the dripline where possible.
(1) When not restricted by local building codes only one
trench shall be dug to accommodate all utilities for
lots. Where necessary, the roots shall be carefully
pruned by a specialist in proportion to the total amount
of root zone lost. The boring of a conduit for
underground utilities shall be used where possible.
(2) The operation of heavy construction equipment shall
avoid the driplines of trees where possible.
108. Interior slopes between building pads shall be designed with up -slope
property lines.
109. Grading on the perimeter of the site shall not be designed with perimeter
downslopes to property lines, unless a homeowners association,
assessment district, or similar entity is established for maintenance of
such downslopes.
110. To reduce debris from entering sidewalk and streets, the approved grading
plan shall show a slough wall, approximately 1S inches high, with curb
outlet drainage to be constructed behind the back of the sidewalk where
slopes exceeding 4 feet in height are adjacent to sidewalk. The
subdivider shall use the City's standard wall detail during design and
construction. All material for the construction of the wall shall be
approved by the City Engineer and Director of Community Development. No
retaining wall greater than 1S inches in height shall be approved
immediately adjacent to a sidewalk. A minimum 2 -foot wide planting area
shall be established between the back of sidewalk and any retaining or
other property walls. All slough walls shall be shown as part of the
approved landscape plan.
Geotechnical /Geology Review
111. The subdivider shall submit to the City of Moorpark for review and
approval, detailed Geotechnical Engineering and Engineering Geology
Reports certified by a California Registered Civil Engineer and Geologist.
The geotechnical engineering report shall include an investigation with
regard to liquefaction, expansive soils, and seismic safety. The report
25
VESTING TENTATIVE MAP NO. 4928
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
shall also discuss the contents of the soils as to the presence or absence
of any hazardous waste or other contaminants in the soils.
In addition the engineering soils report shall discuss the contents of the
soils and presence or absence of any hazardous waste or other
contaminants.
Note: Review of the geotechnical engineering and engineering geology
reports, by the City's Geologist and Geotechnical Engineer, shall be
required. The subdivider shall reimburse the City for all costs including
the City's administrative fee for this review.
112. All recommendations included in the approved geotechnical engineering and
engineering geology reports shall be implemented during project design,
grading, and construction in accordance with the approved Project. The
City Engineer shall review all plans for conformance with the geologist's
and soils engineer's recommendations.
113. Unless subsequent geotechnical studies direct otherwise, landslides shall
be removed and recompacted during grading. Alternatively, in some
instances, landslides or unstable slopes can potentially be stabilized by
constructing buttress or stabilization fill slopes to reduce their
potential for future down slope movement. All cut and fill slopes,
foundations and structures shall be designed and constructed to comply
with the Uniform Building Code (UBC), most recent edition, and
applicable City Grading Ordinances. Modifications to these standards
shall be permitted along golf course areas only with the written
concurrence of the City Engineer and the City's Geotechnical Engineer or
Geologist.
114. Prior to recordation of any Phase of the Final Vesting Map, the subdivider
shall prepare an agreement which indemnifies and holds harmless the City
of Moorpark and its agents from future claims which may result from any
landslide, subsidence, or other adverse geologic conditions that may occur
at this site.
115. The subdivider or subsequent developers shall contract with an engineering
geologist to study any unanticipated faults exposed during grading to
detect any evidence of possible recent activity. No structure shall be
placed within 50 feet of any fault trace which exhibits recent activity.
Final grading requirements for residential and golf course facilities
shall be defined by an engineering geologist. All geological
recommendations shall be reviewed and approved by the City Engineer and
the City's consulting geologist.
116. All habitable structures shall be designed according to the most recent
UBC requirements to accommodate structural impacts from ground
acceleration and maximum credible earthquake event.
Storm Water Runoff and Flood Control Planning
117. The subdivider shall submit to the City of Moorpark for review and
approval, drainage plans, hydrologic and hydraulic calculations prepared
by a California Registered Civil Engineer; shall enter into an agreement
with the City of Moorpark to complete public improvements and shall post
sufficient surety guaranteeing the construction of all improvements.
118. The plans shall depict all on -site and off -site drainage structures
required by the City.
119. The drainage plans and calculations shall indicate the following
conditions before and after development:
26
VESTING TENTATIVE MAP NO. 4928
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
a. Quantities of water, water flow rates, major water courses, drainage
areas and patterns, diversions, collection systems, flood hazard
areas, sumps, sump locations, detention facilities, and drainage
courses. Hydrology shall be per the current Ventura County
Standards except as follows:
b. All storm drains shall carry a 50 -year frequency storm;
C. All catch basins shall carry a 50 -year storm;
d. All catch basins in a sump condition shall be sized such that depth
of water at intake shall equal the depth of the approach flows;
e. All culverts shall carry a 100 -year frequency storm;
f. Drainage facilities shall be provided such that surface flows are
intercepted and contained prior to entering collector or secondary
roadways;
g. Under a 50 -year frequency storm, all streets shall be provided with
a minimum of one travel lane in each direction with a goal that
local, residential and private streets shall have one dry travel
lane available in each direction;
h. Drainage to adjacent parcels shall not be increased or concentrated
by this development. All drainage measures necessary to mitigate
storm water flows shall be provided by the subdivider;
i. All drainage grates shall be designed and constructed with
provisions to provide adequate bicycle safety to the satisfaction of
the City Engineer;
j. If the land to be occupied is in an area of special flood hazard,
the subdivider shall notify all potential buyers in writing of this
hazard condition. The grading plan shall also show contours
indicating the 50- and 100 -year flood levels.
k. All flows from brow ditches, ribbon gutters and similar devices
shall be deposited into the storm drain system prior to entering
streets. If necessary, the storm drain shall be extended beyond the
public right -of -way through easements to eliminate surface flow
between parcels. Both storm drain and easements outside the
right -of -way are to be maintained by the Homeowners' Association,
City assessment district, or golf course operator, unless otherwise
approved by the City Council.
1. Concrete drainage structures shall be tan colored concrete, as
approved by the Director of Community Development, and to the extent
possible shall incorporate natural structure and landscape to reduce
their visibility.
M. Drainage for the development shall be designed and installed with
all necessary appurtenances to safely contain and convey storm flows
to their final point of discharge, subject to review and approval of
the City Engineer.
n. This hydraulic /hydrology study shall analyze the hydraulic capacity
of Grimes Canyon, Gabbert Canyon and Walnut Canyon drainage systems,
with and without the storm drain system for the proposed
development. The subdivider shall be responsible for obtaining
Ventura County Flood Control District approval of the analysis of
27
VESTING TENTATIVE MAP NO. 4928
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
this system, as it relates to the downstream capacity, and shall
make any downstream improvements, required by Ventura County Flood
Control and City of Moorpark, to support the proposed development of
Tract No. 4928.
120. The subdivider shall demonstrate for each building pad within every Phase
of the Final Vesting Map that the following restrictions and protections
can be put in place to the satisfaction of the City Engineer:
a. Adequate protection from a 100 -year frequency storm; and
b. Feasible access during a 50 -year frequency storm.
C. Hydrology calculations shall be per current Ventura County
Standards.
121. The subdivider shall obtain a permit from the State Water Resources
Control Board for "All storm water discharges associated with a
construction activity where clearing, grading, and excavation results in
land disturbances of five or more acres."
122. City Ordinance No. 100 and the Federal Emergency Management Agency (FEMA),
require updating of the National Flood Insurance Program maps for affected
areas whenever any alteration of the watercourse is made. If a FIRM map
revision is necessary, all materials required by FEMA for a map revision
shall be provided to the City Engineer's office. This material will
demonstrate the revised flood plain locations following development. This
information will be forwarded by the City Engineer to the FEMA for review
and updating of the National Flood Insurance Program maps. If updates to
the flood zone have been made a conditional letter of map revision (if
required by FEMA) shall be provided to the City prior to issuance of a
zone clearance for occupancy of the first residential unit. The
subdivider will be responsible for all costs charged by the FEMA and the
City's administrative costs.
123. All structures proposed within the 100 -year flood zone shall be elevated
at least one foot above the 100 -year flood level.
124. The subdivider shall provide for all necessary on -site and off -site storm
drain facilities required by the City to accommodate upstream and on -site
flows. Facilities, as conceptually approved in the EIR or subsequently
required studies and approved by the City, shall be delineated on the
final drainage plans. Either on -site retention basins or storm water
acceptance deeds from off -site property owners must be specified. These
facilities must also be acceptable to the Ventura County Flood Control
District.
125. Any lot to lot drainage easements and secondary drainage easements shall
be delineated on the final map. Assurance in the form of an agreement
shall be provided to the City that these easements will be adequately
maintained by property owners to safely convey storm water flows. The
CC &R's shall be submitted to the City Engineer for review and approval,
and shall include provisions for the Homeowner's Association to maintain
any private storm drainage systems not maintained by a City assessment
district, and shall be binding upon future property owners.
126. Runoff from developed areas shall be diverted to detention basins, or
underground oil and grease traps or other Best Management Practices, as
determined by the City Engineer. These devices shall be designed by a
registered civil engineer as part of the drainage improvement plans for
the project.
28
VESTING TENTATIVE MAP NO. 4928
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
127. All runoff from man made impervious surfaces such as parking lots shall be
filtered through grease /oil traps before discharge into drainage
facilities leading offsite to minimize surface runoff of potential water
contaminants. The contents of the traps shall be disposed per local and
State regulations.
128. To the degree feasible (given elevation differences in the course design),
drains placed under greens, tees, and fairways shall be directed into the
on -site lakes. Collected water could be recycled for irrigation use. In
areas where drainage to lakes is not possible, the use of impermeable
membranes and other water quality protection features shall be considered
for incorporation into the course design.
Street Improvement Requirements
129. The subdivider shall submit to the City of Moorpark for review and
approval, street improvement plans prepared by a Registered Civil
Engineer; shall enter into an agreement with the City of Moorpark to
complete the improvements; and shall post sufficient surety guaranteeing
the construction of the improvements.
130. The street improvements shall include concrete curb and gutter, sidewalk,
parkways, median(s), street lights, traffic signals, striping and signing,
traffic control, paving, and any necessary transitions to the satisfaction
of the City Engineer. All driveway locations shall be approved by the
City Engineer and the Director of Community Development. The subdivider
shall dedicate the necessary right -of -way to make all of the required
improvements.
131. The applicable Ventura County Road Standard Plates are as follows and have
been modified to conform to the cross sections shown on >': the
tentative ma Sheet 1 B 4. �J' H
Walnut Canyon Road:
132. Walnut Canyon Road shall be designed per Ventura County Standard Plate
B -7B with right -of -way varying between 60 -75 feet in width and lane
configurations as modified per Sheet 3 of 4 of the approved Vesting
Tentative Map No. 4928.
133. The improvements on Walnut Canyon Road shall provide a 13 foot northbound
through lane, 12 foot northbound left turn lane, 12 foot southbound right
turn lane, 13 foot southbound through lane, 12 foot south bound
acceleration lane (south of the "C" street intersection) with 10 foot paved
shoulders on each side consistent with Sheet 3 of 4 of the approved
Vesting Tentative Map No. 4928.
134. The primary project collector street intersection with Walnut Canyon Road
(State Route 23) and Walnut Canyon Road improvements shall be designed in
consultation with the City and Caltrans to assure that acceptable turning
radii, lane widths, shoulders, lane tapers, and adequate acceleration and
deceleration improvements are constructed and adequate sight distance is
provided. Modifications to State Route 23, as required by Caltrans, shall
be constructed prior to occupancy of the first residential unit of Tract
No. 4928 or the first golf course facility, whichever occurs first. An
encroachment permit shall be obtained from Caltrans prior to construction
of any proposed roadway improvements. Any additional right -of -way
required to implement the Caltrans approved design for this entrance
intersection shall be acquired by the subdivider and dedicated to the
State in a manner acceptable to Caltrans. Entry monumentation that does
not interfere with sight - distance or turning movements shall be
incorporated into the project entrance planning. Landscaping shall be
29
VESTING TENTATIVE MAP NO. 4928
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
provided appropriate to the entry that will not interfere with
eight- distance or turning movement operations.
135. The final design for the Walnut Canyon project entrance shall be reviewed
and approved by the Director of Community Development and City Engineer
prior to the issuance of a rough grading permit. .
136. Prior to occupancy of the first residential unit of Tract 4928 or the
first golf course facility, whichever occurs first, the subdivider shall
improve Walnut Canyon Road as specified in these conditions.
Grimes Canyon Road:
137. The subdivider shall dedicate sufficient right of way to provide any
future improvements per Ventura County Standard Plate B -7B. The (60 foot
ROW) shall be widened as necessary to construct: a dedicated 12 foot
southbound left, 13 foot northbound right turn lane, and 16 foot through
lane for the project entrance with "C" street, and 10 foot wide paved
shoulders.
138. The primary project collector street intersection with Grimes Canyon Road
shall be designed to assure that acceptable turning radii, lane widths,
shoulders, lane tapers, and adequate acceleration and deceleration
improvements are constructed per detail shown on Sheet 3 of the approved
Vesting Tentative Map and as approved by the City Engineer.
139. Issuance of permits for the first residential dwelling unit or golf course
facility occupancy permit shall not occur until all phased roadway
improvements are completed and inspected to the satisfaction of the County
of Ventura Public Works Agency and the City Engineer, as appropriate. An
encroachment permit shall be obtained from The City of Moorpark and County
of Ventura (as appropriate) prior to construction of any proposed roadway
improvements. Any additional right -of -way required to implement the
finally approved design for entrances and intersections shall be acquired
by the subdivider and dedicated to the City or County in a manner
acceptable to the City.
140. Entry monumentation that does not interfere with sight- distance or turning
movements shall be incorporated into the project entrance planning.
Landscaping shall be provided appropriate to the entry that will not
interfere with sight- distance or turning movement operations.
141. The final design for the Grimes Canyon Road project entrance shall be
reviewed and approved by the Director of Community Development and ity, l
Engineer prior to the issuance of a rough gra 'ng perm' ..O � —t%_ Laid
142. Prior to issuance of the first zone eat`ancea 1
t'h the 7�owed { °n} a' ' the intersection of Grimes Canyon Road ( �
and Highway 118 (Los Angeles Avenue) shall be modified to provide a
southbound left turn pocket on Grimes Canyon Road and westbound right turn
lane on Los Angeles Avenue. Modifications shall also be made at the
railroad crossing adjacent to this intersection to improve the safety of
this location, as approved by the City Engineer. In addition, a median
acceleration lane shall be provided for southbound traffic turning
eastbound along State Route 118. Plans for modification of the Los
Angeles Avenue(State Route 118) /Grimes Canyon Road intersection shall be
reviewed and approved by the City and Caltrans. Plans for modification of
the railroad crossing shall be reviewed and approved by the Southern
Pacific Railroad, County Of Ventura and the City. A sight distance study
shall also be conducted as part of the intersection and railroad crossing
modifications.
30
VESTING TENTATIVE MAP NO. 4928
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
143. Prior to occupancy of the first residential unit of Tract No. 4928 or the
golf course facility, whichever occurs first, the subdivider shall improve
Grimes Canyon Road, as specified in these conditions.
Interior Streets:
Public:
144. "C" Street shall be constructed per Ventura County Standard Plate B -4A
modified to have a sixty (60) foot right of way and configured
�r4k1�E t#43,.i to provide the following cross
1- alx --F6} ;; ': '; ffoot sidewalk located within the - seidt- AeEl 8-
2 -eight ( 8 ) f6' ot i lelanee"
................ .....:.. ::.:..:
2- twelve (12) foot travel lanes
1- fourteen (14) foot median at "C" Street Entranceways
Left Turn Pocket at all Cross - streets (not including three -way stop
at clubhouse entry drive) j_ „ ,
ollea cures snap
prevent their use.
A 3 -way stop sign shall be provided at the intersection of "C" Street and
the clubhouse entry drive. To avoid conflicts with traffic on "C" Street,
a tunnel, or similar underbridge accessway, shall be constructed under the
"C" Street bridge to enable connecting the 14th and the 15th holes for the
West golf course The tunnel"
" shall be
constructed to specif cations..approved..by.the dity Engineer.
Left turn storage lanes are required at all public and private
intersections on "C" Street. Adequate intersection right of way shall be
provided for constructing all left -turn pockets without decreasing other
lane width or parkway requirements.
145. All other publicly dedicated interior streets shall be per Ventura County
Standard Plate B -4B having a fifty -six (56) foot right of way, thirty -six
(36) foot pavement width, and ten (10) foot parkways. Sidewalks shall be
five (5) feet in width. Rolled curbs shall be allowed provided no
design /drainage constraints prevent their use.
146. All publicly dedicated cul -de -sacs shall be per Ventura County Standard
Plate B -4C having a fifty -two (52) foot right of way, thirty -two (32) foot
pavement width, and ten (10) foot parkways. Sidewalks shall be five (5)
feet in width. Rolled curbs shall be allowed provided no design /drainage
constraints prevent their use.
147. n,. _ G "68"G d i d8 hQJi —QA9QFM U1 Gass T a n
All s#eeldeE-s 0"31 be Paved w1th stamped eeneapete ofilese etheLgopine
appreved by the e'Lmeeter ef Gemffmnity Deveiepment. The eeleLm e€ eke
31
VESTING TENTATIVE MAP NO. 4928
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
Other Street Improvements
148. The subdivider shall include bus stop turnouts in the final street
improvement plans for "C" Street, Walnut Canyon Road, and Grimes Canyon
Road, and provide for their construction, to service the project. The
final location of the bus stop turnouts, and any shelters, shall be
approved by the Director of Community Development.
149. Street lights shall be provided per Ventura County Standards and as
approved by the City Engineer.
150. Street lighting and rural lot lighting standards specified by Ventura
County Standard Plate F -9 and F -10 shall be incorporated into the project
street /lighting design plans. The subdivider shall provide a photometric
plan showing a point -by -point foot candle layout to extend a minimum of
twenty (20) feet outside the street boundaries. The layout plan is to be
based on a ten (10) foot grid center.
151. The final design of all sidewalks, barrier walls, streetscape elements,
urban landscaping, and pedestrian paths within the project limits are
subject to the approval of the Director of Community Development.
152. The subdivider shall adhere to Business and Professions Code Section 8771,
which requires that all monuments be located and tied out prior to any
construction or relocation of a street.
153. The surveyor shall certify on the proposed street improvement plans that
all recorded monuments in the construction area have been located and
either protected in place or replaced pursuant to State Assembly Bill
1414.
154. The subdivider shall provide slope easements, for road maintenance
purposes, along all roads where the top of cut plus 5 feet or the toe of
fill plus 5 feet is beyond the dedicated right of way..
32
WIS
,t
VESTING TENTATIVE MAP NO. 4928
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
160. Any right -of -way acquisition necessary to complete the required
improvements will be acquired by the subdivider at his expense.
161. Publicly dedicated streets shall conform to the.design requirements of the
Ventura County Road Standards (most recent revision) except as follows:
a. Sidewalks to be a minimum of five feet wide at all points.
Provisions shall be made around obstructions to maintain this
minimum width.
b. With the eneeptiee e€ "C" Street,-,,--. parkways shall maintain a
crossfall of 2% toward the street for a minimum distance of 10 feet
from the curb face. In areas where a slope would intercept the 10
foot wide parkway area, the developer shall cause that a retaining
wall be constructed at a location 10 feet behind the face of curb.
This retaining wall height shall not exceed 3 feet unless approved
by the Director of Community Development. The wall shall be shown
on the street plans and landscaping plans.
162. The subdivider shall submit wall and landscaping plans and a copy of the
CC &R's showing that provisions have been taken to provide for and maintain
proper sight distances.
163. Special intersection treatment designs involving variations in paving
material, where major pedestrian and vehicular circulation elements
intersect, shall be approved by the Director of Public Works and Director
of Community Development for private roads only. If a special intersection
treatment is used, all maintenance for the special pavement treatment
(i.e. stamped concrete, cobble stone, etc.) shall be borne by the golf
course operator /owner, a Homeowners Association, or similar entity.
164. The subdivider shall post sufficient surety guaranteeing completion of all
improvements which revert to the City (i.e., grading, street improvements,
signalization, storm drain improvements, sewer improvements, landscaping,
parks, fencing, bridges, etc.) or which require removal (i.e., model
homes, temporary debris basin, etc.) in a form acceptable to the City.
The subdivision surety agreement shall include provisions for all
off -site improvements along the entire frontage of Tract 4928 and other
offsite improvements required by the conditions as described herein and
as required by the mitigation measures of the approved EIR.
165. The subdivider shall demonstrate legal access to all parcels to the
satisfaction of the City Engineer.
166. The subdivider shall pay all energy costs associated with street lighting
for a period of one year from the acceptance of the street improvements.
Utilities
167. Utilities, facilities and services for the project area will be extended
and /or constructed in conjunction with its phased development by the
master developer as the project proceeds.
33
VESTING TENTATIVE MAP NO. 4928
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
a. The subdivider will be responsible for the construction of all
onsite and offsite sanitary sewer facilities to serve the project.
The subdivider shall enter into an agreement with Ventura County
Water Works District No. 1 (VCWWD) to construct the improvements and
the system will be dedicated to VCWWD No. 1 for maintenance.
b. Prior to Final Map recordation of any phase, the City, Calleguas
Municipal Water District and Water District No. 1 shall approve
final plans for water distribution. Either the subdivider shall
construct the required distribution facilities or enter into an
agreement with the Calleguas Municipal Water District and /or County
Waterworks District No. 1 stating when and how facilities will be
funded and constructed. The system will be designed and constructed
to meet the requirements of the proposed land uses and applicable
City, Calleguas and VCWWD No. 1 standards.
C. Provisions for electrical, natural gas, telephone and solid waste
collection services and cable television to the Project Area will be
made prior to development of the project area. All services can be
extended by each respective company to meet future demands of the
Project Area. Natural gas service will be provided by Southern
California Gas. Electric service will be provided by Southern
California Edison. Telephone service will be provided by Pacific
Bell. Solid waste collection will be provided by private companies
as regulated by the City. These services will be phased in
conjunction with development of the project area.
Infrastructure Planning
168. Alternative infrastructure extension routes outside of major public
right -of -ways shall be developed for City consideration prior to
recordation of the Final Tract Map for the project. A specific
alternative alignment up Gabbert Canyon shall be considered. To the
degree feasible, utility and service extensions shall not be placed along
Grimes Canyon Road.
The City Engineer and Director of Community Development shall review,
comment upon, and approve the alignment of infrastructure extensions prior
to City Council approval of the Final Map.
169. Prior to City Council approval of any phase of the Final Map, the proposed
infrastructure plan for the project shall be designed to place all
required sewer and reclaimed water conveyance facilities in the Gabbert
Canyon alignment. The subdivider shall obtain all necessary right -of -way
and easements to install the required infrastructure in this alignment.
Acquisition of Easements and Right of Wav
170. If any of the improvements which the subdivider is required to construct
or install is to be constructed or installed upon land in which the
subdivider does not have title or interest sufficient for such purposes,
the subdivider shall do all of the following at least 60 days prior to the
filing of any Phase of the Final Map for approval pursuant to Governmental
Code Section 66457.
a. Notify the City of Moorpark (hereinafter "City ") in writing that the
subdivider wishes the City to acquire an interest in the land which
is sufficient for the purposes as provided in Governmental Code
Section 66462.5.
34
VESTING TENTATIVE MAP NO. 4928
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
b. Upon written direction of the City supply the City with (I) a legal
description of the interest to be acquired, (ii) a map or diagram of
the interest to be acquired sufficient to satisfy the requirements
of subdivision (e) of Section 1250.310 of the Code of Civil
procedure, (iii) a current appraisal report prepared by an appraiser
approved by the City which expresses an opinion as to the fair
market value of the interest to be acquired, and (iv) a current
Litigation Guarantee Report.
C. Enter into an agreement with the City, guaranteed by such cash
deposits or other security as the City may require, pursuant to
which the subdivider will pay all of the City's cost (including,
without limitation, attorney's fees and overhead expenses) of
acquiring such an interest in the land.
Surety, Bonding, Conveyance of Title, and Leaal Actions
171. The subdivider shall offer to dedicate to the City of Moorpark public
service easements as required by the City.
172. On each Phase of the Final Map, the subdivider shall offer to dedicate
access easements to the City of Moorpark over all private streets to
provide access for all governmental agencies providing public safety,
health and welfare.
173. In conjunction with Final Map recordation of Phase 1, the subdivider shall
offer to dedicate to the City of Moorpark, for public use, all
right -of -way for public streets.
174. In conjunction with Final Map recordation of Tract 4928, the subdivider
shall dedicate to the City of Moorpark the access rights adjacent to
Walnut Canyon Road, Grimes Canyon Road, "C" Street and all other interior
public streets, except for approved access or driveway locations.
175. Prior to submittal of each Phase of the Final Map to the City for review
and prior to approval, the subdivider shall transmit by certified mail a
copy of the conditionally approved Tentative Map together with a copy of
Section 66436 of the State Subdivision Map Act to each public entity or
public utility that is an easement holder of record. Written compliance
shall be submitted to the City of Moorpark.
DURING GRADING, THE FOLLOWING CONDITIONS SHALL APPLY:
176. Grading may occur during the rainy season from October 15 to April 15 if
approved by the City of Moorpark and subject to installation of debris and
erosion control facilities. Erosion control measures shall be in place
and functional between October 15th and April 15th. Along with the
erosion control measures, hydroseeding of all graded slopes shall be
required within 30 days of completion of grading.
177. That prior to any work being conducted within the State, County, or City
right of way, the subdivider shall obtain all necessary encroachment
permits from the appropriate Agencies.
178. All unimproved areas with vehicle traffic shall be watered periodically
and the vehicle speed shall be limited to 15 mph.
179. During site preparation and construction, minimize disturbance of natural
ground cover on the project site until such activity is required for
grading and construction purposes.
35
VESTING TENTATIVE MAP NO. 4928
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
180. During clearing, grading, earth moving or excavation operations, dust
emissions should be controlled by regular watering with reclaimed water,
if available, paving construction roads and other dust prevention
measures. The Applicant /Developer shall submit a dust control plan,
acceptable to the city, concurrently with submittal of the rough (as
opposed to the fine) grading plan. This plan shall include, but is not be
limited to the following measures:
a. Water all site access roads and material excavated or graded on or
off -site to prevent excessive amounts of dust. Watering shall occur
a minimum of at least two times daily, preferably in the late morn-
ing and after the completion of work for the day. Additional
watering for dust control shall occur as directed by the City. The
Dust Control Plan shall indicate the number of water trucks which
will be available for dust control at each phase of grading.
b. Cease all clearing, grading, earth moving, or excavation operations
during periods of high winds (15 mph or greater in one hour). The
contractor shall maintain contact with the Air Pollution Control
District (APCD) meteorologist for current information about average
wind speeds.
C. Water or securely cover all material transported off -site and on-
site to prevent excessive amounts of dust.
d. Minimize the area disturbed at any one time by clearing, grading,
earth moving and excavation so as to prevent excessive amounts of
dust.
e. Keep all grading and construction equipment on or near the site,
until these activities are completed.
f. Wash off heavy -duty construction vehicles before they leave the
site.
g. Apply nonhazardous chemical stabilizers to all inactive portions of
the construction site. When appropriate, seed exposed surfaces with
a fast- growing, soil- binding plant to reduce wind erosion and its
contribution to local particulate levels.
h. Periodically sweep public streets in the vicinity of the site to
remove silt (i.e., fine earth material transported from the site by
wind, vehicular activities, water runoff, etc.) which may have
accumulated from construction activities.
181. The Applicant /Developer shall regest Et that all employees involved
in grading operations on the pro ject�" wear face masks to reduce the
inhalation of dust which may contain the fungus which causes San Joaquin
Valley Fever.
182. Maintain equipment engines in good condition and in proper tune as per
manufacturers, specifications to prevent excessive emissions.
183. All diesel engines used in construction equipments should use high
pressure injectors.
184. All diesel engines used in construction equipments shall use reformulated
diesel fuel.
185. During smog season (May- October) the City shall order that construction
cease during Stage III alerts to minimize the number of vehicles and
equipment operating, lower ozone levels and protect equipment operators
from excessive smog levels. The City, at its discretion, may also limit
construction during Stage II alerts.
36
VESTING TENTATIVE MAP NO. 4928
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
186. During site preparation and construction, construct temporary storm water
diversion structures per City of Moorpark standards.
187. 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.
188. Immediately surrounding property owners shall be notified in writing on a
monthly basis of construction schedules involving major grading.
189. Construction activities shall be limited to between the following hours:
a) 7:00 a.m. and 7:00 p.m. Monday through Friday, and b) 9:00 a.m. to 6:00
p.m. Saturday. Construction work on Saturdays will require payment of a
premium for City inspection services, and may be further restricted or
prohibited should the City receive complaints from adjacent property
owners. No construction work is to be done on Sundays, pursuant to Section
15.26.010 of the Municipal Code.
190. Truck noise from hauling operations shall be minimized through establish-
ing hauling routes which avoid residential areas and requiring that "Jake
Brakes" not be used along the haul route within the City. The hauling
plan must be identified as part of the grading plan and approved by the
City Engineer.
191. The Applicant /Developer shall ensure that construction equipment is fitted
with modern sound- reduction equipment.
192. Equipment not in use for more than ten minutes should be turned off.
193. The fuel injection grading of all diesel engines used in construction
equipment should be retarded two degrees from the manufacturer's
recommendation.
194. Construction grading shall be discontinued on days for first stage ozone
alerts (concentration of 0.20 ppm) as indicated at the Ventura County APCD
air quality monitoring station closest to the City of Moorpark. Grading
and excavation operations shall not resume until the first stage smog
alert expires.
195. If any hazardous waste is encountered during the construction of this
project, all work shall be immediately stopped and the Ventura County
Environmental Health Department, the Fire Department, the Sheriff's
Department, and the City Construction Observer shall be notified
immediately. Work shall not proceed until clearance has been issued by
all of these agencies.
196. The subdivider shall utilize all prudent and reasonable measures
(including installation of a 6 foot high chain link fence around the
construction sites or provision of a full time licensed security guard) to
prevent unauthorized persons from entering the work site at any time and
to protect the public from accidents and injury.
PRIOR TO ACCEPTANCE OF PUBLIC IMPRovMfENTS AND BOND EXOINERATIOIN, THE FOLLOWXMG
CONDITIONS SHALL BE SATISFIED:
197. Reproducible centerline tie sheets shall be submitted to the City
Engineer's office.
198. The subdivider shall file for a time extension with the City Engineer's
office at least six weeks in advance of expiration of the agreement to
construct subdivision improvements. The fees required will be in
conformance with the applicable ordinance section.
37
VESTING TENTATIVE MAP NO. 4928
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
199. A copy of the recorded Map(s) shall be forwarded to the City Engineer for
filing.
200. Sufficient surety in a form acceptable to the City guaranteeing the public
improvements pertinent to each phase shall be provided.
201. All surety guaranteeing the public improvements shall remain in place for
one year following acceptance by the City. Any surety bonds that are in
effect three years after final map approval or issuance of the first
building permit shall be increased an amount equal to or greater than the
consumers price index (Los Angeles /Long Beach SMSA) for a period since
original issuance of the surety and shall be increased in like manner each
year thereafter.
202. Original "as built" plans will be certified by the applicant's civil
engineer and submitted with two sets of blue prints to the City Engineer's
office. Although grading plans may have been submitted for checking and
construction on sheets larger than 22" X 3611, they must be resubmitted as
"as builts" in a series of 22" X 36" mylars (made with proper overlaps)
with a title block on each sheet. Submission of "as builts" plans is
required before a final inspection will be scheduled.
III. CITY OF MOORPARK POLICS DEPARTMENT CONDITIONS
207. A licensed security guard is required during the construction phase,
unless a 6 foot high chain link fence is erected around the construction
site.
208. Construction equipment, tools, etc., shall be properly secured during non-
working hours.
38
VESTING TENTATIVE MAP NO. 4928
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
IV. VENTURA COUNTY FIRE PREVENTION DISTRICT CONDITIONS
Fire Hazard Reduction Program
209. Prior to issuance of a grading permit or Zoning Clearance for any building
permit, the Applicant /Developer shall retain a registered landscape
architect, familiar with the objectives of fuel management in
wildland -urban interface, to prepare a Fire Hazard Reduction Program. This
program shall be prepared in consultation with the County Fire Protection
District and shall be approved by the Director of Community Development.
The program shall apply to the 100- foot`;ga non- buildable
easementiH.. required by Vesting Tentative Map"No': `$ T'fie landscape plan
for the 10gin non - buildable easement'A shall include native species.
a. The vegetation management requirements of the plan shall be clearly
defined. The golf course operators and Homeowners Associations
shall be responsible for implementing this program in perpetuity.
Fuel modification zones are proposed to be retained in as natural a
state as safety and fire regulations will permit.
b. The fuel modification zone shall be designed by and planted under
the supervision of a landscape architect with expertise in native
plant materials and habitat restoration, with the approval of the
Director of Community Development, to appear as a transition between
the built environment and natural open space.
C. Within the modification zone, native and non - native high -fuel
vegetation will be removed and replaced with low -fuel vegetation.
The height of plant materials will be kept to a minimum. Planting
requirements include a combination of trees, shrubs, and
groundcover. Irrigation will not be provided, except in established
wet zones, unless necessitated by the plant materials used.
210. During all grading and site clearance activities, earth moving equipment
shall be equipped with spark arrestors and at least two fire
extinguishers. All equipment used in the vegetation clearance phase shall
be equipped with spark arrestors and best available fire safety
technology. The vegetation clearance activities shall be coordinated with
and approved by the County Fire Prevention Division.
211. All equipment and material staging activities shall be coordinated with
the County Fire Prevention Division. Fire prone construction activities
shall be prohibited during "Santa Ana" wind conditions.
212. If deemed necessary by the District, prior to recordation of the first
phase of the Final Vesting Map, the project shall include a helispot and
associated fire suppression equipment storage. Any required heliport
facilities shall be indicated on the Final Vesting Map for the project.
Road and Driveway Requirements
213. Complete circulation shall be provided for each phase of the development.
Each phase shall stand alone, meeting all requirements for access, without
depending on future development of neighboring phases to complete second
access or water requirements.
214. The collector road system proposed for the project shall be reviewed and
approved by the Ventura County Fire Protection District prior to approval
of Phase 1 of the Final Vesting Map.
215. Access roads shall be installed with an all weather surface, suitable for
access by Fire Department apparatus.
39
VESTING TENTATIVE MAP NO. 4928
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
216. Double
loaded} streets shall be a minimum of 36 feet wide with parking
al low
ed'"ori`' "Both "'sides. Th�rell -'^^ ^'� °' l ev�iea� €e�ei4k�� ;o
Single is V.l Joaded streets shall be a minimum of 32 feet wide with
..... ...............................
parking .al'l'owed on one side only. The relied emebs a-hall -met- later €e-re
_ash
leadcad akr aatz a Rh Q 3 3 Ian a--Mi Minimum mh.; caf 28 €a t of PaNzeffiefit ...i *;h Ca :€eaQ
parking threegA signage ev mar# €agsapraeved Jay the 64:tT Direetewe€
Gemmselty Develepment,. -Gity Puhli:e- Wer#s- B- reeteae and t-he -Fire ,,*:
Single lead-cad streets shall lac} -a minimum of 28 t of Pavement with a GO
at— Gemmunit Development,
� - G • xay a n
=seete- e€ pablle WeriES, mind the �'lre
Pletriet
aSOLTlVS.T
218. Access roads shall not exceed 15 percent grade.
219. Approved turn around areas for fire apparatus shall be provided where the
access road is 150 feet or more from the main project collector. Cul -de-
sacs shall have a minimum diameter of 80 feet.
220. Any gates to control vehicle access are to be located to allow a vehicle
waiting for entrance to be completely off the public roadway. The method
of gate control shall be subject to review by the Bureau Fire Prevention.
A minimum clear open width of 15 feet in each direction shall be provided.
If gates are to be locked, a Knox System shall be installed.
221. Prior to recordation of Phase 1 of the Final Map, proposed street names
shall be submitted to the Fire Department Communication Center for review
and comment.
222. Street name signs shall be installed in conjunction with the road
improvements. The type of sign shall be in accordance with Plate F -4 of
the Ventura County Road Standards.
223. All driveways shall have a minimum vertical clearance of 13 feet 6 inches,
and this requirement shall be included in the CC &R's /Design Guidelines.
Fire Hydrant /Fire Flow Requirements
224. Prior to recordation of the first phase of residential development, the
Applicant /Developer shall provide verification that the water purveyor can
provide the required volume /fire flow for the project.
225. Prior to construction, the Applicant /Developer shall submit plans to the
Ventura County Bureau of Fire Prevention Division for the approval of the
location of fire hydrants; all hydrants shall be shown on the plan that
are situated within 300 feet of the perimeter of the residential
development.
226. A minimum fire flow of 1,000 gallons per minute at 20 psi shall be
provided. The location and capacity of all water storage and conveyance
facilities shall be reviewed and approved by the District prior to the
recordation of the Final Map and prior to the issuance of building
permits.
40
VESTING TENTATIVE MAP NO. 4928
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
227. Fire hydrants shall be installed and in service prior to combustible
construction and shall conform to the minimum standards of the County
Water Works Manual. These standards specify:
a.
Each hydrant shall be a 6 inch wet barrel design, and shall have one
4 inch and one 2 }
inch outlet.
b.
The required fire
flow shall be achieved
at no less than 20 psi
residual pressure.
C.
Fire hydrants shall
be spaced 300 feet on
center, and so located
that no structure
will be farther than
150 feet from any one
hydrant.
d.
Fire hydrants shall
be set back in from the
curb face, 24 inches on
center.
228. All grass or brush exposing any structures shall be cleared for a distance
of 100 feet prior to framing.
229. An approved spark arrester shall be installed on all chimneys.
California Administrative Code (Title 24- Section 2.1217 Requirements
230. Address numbers, a minimum of 4 ;:;:inches high, shall be installed prior to
occupancy, shall be of contrasting color to the background, and shall be
readily visible at night. Where structures are set back more than 150
feet from the street, larger numbers will be required so that they are
distinguishable from the street. In the event the structure(s) is not
visible from the street, the address number(s) shall be posted adjacent to
the driveway entrance.
231. Portions of this development may be in a hazardous fire area and those
structures shall meet hazardous fire area building code requirements.
232. The Design Guidelines shall include a requirement that prior to
preparation of building plans for new residential structures or additions
to existing structures, the architect shall obtain VCFD Form No. 126,
"Requirements for Construction."
V. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITIONS
233. Prior to City approval of any grading permit for the project, the
Applicant /Developer and the District shall enter into a contract for the
relocation and /or modification of the existing wells on the property. The
relocation plan shall address well locations, provisions for drilling
additional wells if necessary (if existing wells are damaged during
construction), relocation of conveyance structures, and other matters of
mutual concern. A copy of the approved contract shall be submitted to the
City. The Applicant /Developer shall be responsible for complying with all
terms and conditions of the relocation contract.
234. Prior to issuance of Zoning Clearances for residential construction, the
proposed infrastructure plan for the project shall be designed to place
all required water, sewer, and reclaimed water conveyance facilities in
the Gabbert Canyon alignment. The Applicant /Developer shall obtain all
necessary right -of -way and easements to install the required
infrastructure in this alignment.
235. Prior to issuance of a Zoning Clearance for a building permit, the
applicant for service shall comply with the Ventura County Waterworks
41
VESTING TENTATIVE MAP NO. 4928
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
District No. 1 "Rules and Regulations" and any subsequent additions or
revisions thereto. Ultra low plumbing fixtures are required in all new
construction. Any requirements by the Fire Protection District, that are
greater than Waterworks District No. 1 existing facilities are the
responsibility of the Applicant /Developer.
236. Waterworks District No. 1 has an existing water transmission line, which
shall be relocated at Applicant /Developer's cost, as approved by the
District.
237. The Applicant /Developer shall be responsible to construct and pay for the
required in -tract and off -site water, reclaimed water and sewer
improvements necessary to serve the property.
238. Applicant /Developer shall be required to pay all applicable water capital
improvement fees and sewer connection fees in accordance with the
District's Rules and Regulations.
VII. CALIFORNIA DEPARTMENT OF FISH AND GAME AND REGIONAL WATER QUALITY CONTROL
BOARD CONDITIONS
239. Runoff from developed areas should be diverted to detention basins, or
underground oil and grease traps or other Best Management Practices, as
determined by the City Engineer. These devices should be designed by a
registered civil engineer as part of the drainage improvement plans for
the project. Because the ponds within the golf courses could contain
pollutants that may be harmful to wildlife, their design and location
should be reviewed by a concerned conservation agency such as the
California Department of Fish and Game or a City approved biologist, prior
to approval of the improvement plans by the City Engineer and Director of
Community Development. The basins and traps would require periodic
maintenance by the property owner, homeowners association, or other
entities. Provisions shall be made by the applicant to provide for
maintenance in perpetuity prior to Final Vesting Map approval.
240. All runoff from man made im rvious surfaces such as parking lots shall be
filtered through grease /oil traps before discharge into drainage
facilities leading offsite to minimize surface runoff of potential water
contaminants. The contents of the traps shall be disposed per local and
State regulations.
241. To the degree feasible (given elevation differences in the course design),
drains placed under greens, tees, and fairways shall be directed into the
on -site lakes. Collected water could be recycled for irrigation use. In
areas where drainage to lakes is not possible, the use of impermeable
membranes and other water quality protection features shall be considered
for incorporation into the course design.
VIII. ENVIRONMENTAL MITIGATION MEASURES APPLICABLE TO ALL PHASES OF THE FINAL
VESTING MAP
242. The approved Mitigation Monitoring Program is included as Attachment 3 to
Resolution No. 96- , and all mitigation measures are requirements of
the Vesting Tentative Map, as applicable. Some of the adopted mitigation
measures are duplicates or very similar to the conditions of approval. In
cases where a mitigation condition conflicts with a condition of
approval, the stricter or more specific language shall apply, as
determined by the Director of Community Development during the condition
compliance review for each phase of development.
42
) oo(114) (a)
RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. RPD -94 -1
CONDITIONS OF APPROVAL
I. DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
Permitted Uses
1. The Residential Planned Development (RPD) Permit is granted for the land
and project identified as Moorpark Country Club Estates Residential
Project: General Plan Amendment No. 94 -1 (Medium Low Residential land use
designation), Zone Change No. 94 -1 (RPD Zone), Phased Vesting Tentative
Map No. 4928, and RPD Permit No. 94 -1. The location and design of all
site improvements shall be as shown or described on the approved Vesting
Tentative Map (Sheets 1 +�, dated March 26, 1996,ie %A
Tentative
... >;<��f 3�......... ...::RPD Perinit....conceptu'al
...::.:.....:..:..:..................:..:..... ............................... ........:..:... ................:...;.::t::.:::
Taridscap. p` lans (Sheets "l' =4') modified to be 'consistent with the approved
Vesting Tentative Map, Draft Architectural Design Guidelines (Attachment
A), and approved mitigation monitoring program, excevt or unless indicated
otherwise herein in the following onditions:.A' "' . �ipj� j � � �p
Recordation of a final map is required prior6*. approval of
a Zoriiri Clearance for a residential building permit in an phase as shown
g 9. ..1 ............................ Y . .
on Sheet 4 e€ the .pest Tentative Ma thB ><: 3Xrtsti!�f�`: »�
City and Other Agency Regulations
2. The design, maintenance, and operation of the permit area and facilities
thereon shall comply with all applicable regulations of the City Zoning
and Municipal Code; all requirements and enactments of Federal, State,
County, and City authorities; all City policies, procedures, and
standards; and all such requirements and enactments shall, by reference,
become conditions of this permit.
3. No conditions of this entitlement shall be interpreted as permitting or
requiring any violation of law or any unlawful rules or regulations or
orders of an authorized governmental agency. In instances where more than
one set of rules apply, the stricter ones shall take precedence. All
Vesting Tentative Map No. 4928 conditions of approval are applicable to
RPD Permit No. 94 -1.
Use Inauguration
: 4. Unless the project is inaugurated »
of maJ or � rou h grading' ns :.
e
4- arid installa
systems, reclaimed water, sewer and potable water infrastructure; and "C"
Street from Walnut Canyon Road to Grimes Canyon Road completed), not later
3 s
}- ea i;'
than three —F
;after
this permit is granted, this
permit shall automatically "expire dri that date. The Director of Community
Development may, at hi grant
ion for Project inauguration, as a Permit Adjustment;
'there have been non- significant changes to adjacent land uses and if
the Applicant /Developer can document that due diligence has been extended
towards inauguration of the project during the initial three year
period. The request for extension of this entitlement shall be
t ir...x ma.ja. 11dus pplit ta,,.zth ::tom;. <a at least ...30
Transfer or Assignment of the Permit
5. A transfer of this Residential Planned Development Permit (RPD) shall not
be effective until the name and address of the transferee and the date
RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
when such transfer shall take place, together with a letter from the new
owner certifying agreement to comply with all conditions of this permit is
filed with, and acknowledged in writing by the Director of Community
Development. No later than ten (10) days after change of ownership or
lessee of this property, the Director of Community Development shall be
notified in writing, of the new owner or lessee. The same letter shall
state that the new owner or lessee has read all conditions pertaining to
this Permit and agrees with said conditions.
Prohibited Uses /Modification to Permit
6. All facilities and uses other than those specifically requested in the
application for Vesting Tentative Map No. 4928 and RPD Permit No. 94 -1 are
prohibited. The location and design of all site improvements shall be as
shown or described on the approved Vesting Tentative Map, and the attached
Design Guidelines (Attachment A). Other configurations, phasing, lot
sizes or dimensions, or designs are prohibited unless an application for
a Modification has been approved by the City of Moorpark. Any minor
changes to this permit shall require the submittal of an application for
a Minor Modification and any major changes to this permit shall require
the submittal of a Major Modification as determined by the Director of
Community Development.
Severability
7. If any of the conditions or limitations of this permit are held to be
invalid by a court of competent jurisdiction, that holding shall render
this RPD Permit null and void at the discretion of the City.
Applicant /Developer Defense Costs
8. The subdivider shall defend, indemnify and hold harmless the City and its
agents, officers and employees from any claim, action, or proceeding
against the City or its agents, officers, or employees to attack, set
aside, void, or annul any approval by the City or any of its agencies,
departments, commissions, agents, officers, or employees concerning the
RPD Permit, which claim, action, or proceeding is brought within the time
period provided therefore in Government Code Section 66499.37. The City
will promptly notify the Applicant /Developer of any such claim, action, or
proceeding, and, if the City should fail to do so, or should fail to
cooperate fully in the defense, the Applicant /Developer shall not
thereafter be responsible to defend, indemnify and hold harmless the City
or its agents, officers, and employees pursuant to this condition.
The City may, within its unlimited discretion, participate in the defense
of any such claim, action, or proceeding if both of the following occur:
a. The City bears its own attorney fees and costs;
b. The City defends the claim, action, or proceeding in good faith.
The Applicant /Developer shall not be required to pay or perform any
settlement of such claim, action, or proceeding, unless the settlement is
approved by the Applicant /Developer. The Applicant /Developer's obligations
under this condition shall apply regardless of whether a Final Map is
ultimately recorded with respect to the proposed RPD project.
Acceptance of Conditions
9. The acceptance of this permit and /or commencement of construction and /or
operations under this permit by the Applicant /Developer shall be deemed to
2
RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
be acceptance of all conditions of this permit and all City Council
approved mitigation measures.
Condition Compliance Costs
10. The subdivider shall pay all outstanding City case processing and
environmental impact report related costs, and shall submit a deposit to
cover all condition compliance and mitigation monitoring costs, prior to
initiation of condition compliance review for approval of a grading
permit, Final Map, or Zoning Clearance for any phase, and prior to
submission of any plans for Building Inspector or City Engineer plan
check.
Environmental Ouality Assurance Proaram
11. The mitigation monitoring program shall be enforced through implementation
of an Environmental Quality Assurance Program (EQAP) as recommended in the
approved mitigation monitoring program. The EQAP shall be implemented
through the City. The Applicant /Developer shall pay for 100 percent of
the City's cost, including administrative fee, to hire a qualified
consulting firm to monitor grading, construction, and mitigation
compliance. General procedures governing the EQAP, which implement
California Environmental Quality Act (CEQA) Mitigation Monitoring
Requirements, shall govern this monitoring effort.
Zoning Clearance
12. Prior to submittal of construction plans for plan check or initiation of
any grading or other construction activity, a Zoning Clearance shall be
obtained from the Department of Community Development. Three complete
sets of all final construction plans (including but not limited to grading
and drainage plans; plot plans; signage, fencing, and wall plans; and
landscaping and irrigation plans) shall be submitted to the Director of
Community Development for Zoning Clearance review and approval.
Hold Harmless Agreement
13. Prior to Zoning Clearance approval, construction plans may be submitted to
the Building and Safety Department and City Engineer for plan check with
a City approved Hold Harmless Agreement.
Citywide Traffic Mitigation Fee
14. The Applicant /Developer shall pay a Citywide traffic mitigation fee of
$3,000 per dwelling unit, prior to lesmasee -e€ a Seeing Gleavanee fer the
The fee identified in this condition
stall "lie a juetecf ''annually "'rcoimmencing one year from the approval date of
RPD Permit No. 94 -1) by any increase in the Consumer Price Index (CPI)
until paid. The CPI increase shall be determined by using the information
provided by the U.S. Department of Labor, 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 January of each year.
15. 4g%
..........
RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
School Assessment Fees
16. Prior to issuance of a building permit for any phase of the Project, the
Applicant /Developer shall pay all school assessment fees levied by the
Moorpark Unified School Distr'
Assessment District for "C" Street Maintenance Area Improvements
17. Except for the street improvements, maintenance responsibility for the
............. ...............................
other "C" Street ......... F "6emmee Maintenance Areas" , including but
not limited to th:1"'ascaping "improvements in the parkway, medians, and
at the entranceways; the bus stops; storm drains; and any slope directly
affecting drainage, and any other items deemed necessary by the City,
shall be provided by an assessment district. The total cost of the
maintenance provided by the assessment district shall be borne by all of
the residential and golf course property owners within the entire Vesting
Map No. 4928 area, as applicable. The Applicant /Developer shall be
responsible for installing all required GessRee Maintenance Area
improvements and maintaining such Camera Maintenance Area improvements, to
the City's specifications and satisfaction, until acceptance by the City
for inclusion in the assessment district. Acceptance of Qammee Maintenance
Area improvements for assessment district maintenance purposes shall not
occur until one year after the last residential unit occupancy in the
tract or until the next opportunity to place this area within the
assessment district for assessment purposes, whichever occurs later.
"C" Street improvements shall be maintained by the Applicant /Developer to
the City's specifications and satisfaction, until acceptance of said
improvements by the City. Acceptance shall occur upon occupancy of the
final residential unit or golf course occupancy, whichever occurs later.
Vehicle and Municipal Code Enforcement for Public Streets
18. Prior to opening "C" Street and the western residential area streets and
cul -de -sacs (labeled as public on the Vesting Tentative Map) to public
use, the Applicant /Developer shall request the City to adopt a resolution
authorizing enforcement of applicable provisions Of the California Vehicle
Code and Moorpark Municipal Code.
Homeowners' Association Formation and Operation Requirements
19. Consistent with the requirements of Vesting Tentative Map No. 4928, this
permit requires the preparation of Covenants, Conditions and Restrictions
(CC &R`s) and By -laws establishing one or more Homeowners' Associations for
the residential development. The CC &R's shall identify the maintenance
responsibility for, but not limited to, maintenance of all private
streets, parkway and median and other landscaping; bus stops; open space;
any common- shared driveways; all storm drains; and any slope directly
affecting drainage or street facilities (collectively "Common Maintenance
Areas ", as shown on Vesting Tentative Map No. 4928, Sheets 1 and 2).
Should the Association fail to maintain the Common Maintenance Areas, or
any portion thereof, in a satisfactory manner, the Common Maintenance
Areas, or portion thereof, shall be placed, at the City's option, in a
City assessment district. The total cost of the formation of an
assessment district or annexation to an existing assessment district and
maintenance provided by the assessment district for the items discussed,
above, shall be borne by the property owners within the entire Vesting Map
No. 4928 and RPD Permit No. 94 -1 area as required by the Vesting Tentative
Map No. 4928 and RPD Permit No. 94 -1 conditions of approval.
RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
CC &R's and Design Guidelines
20. The CC &R's shall also include all Vesting Tentative Map and RPD Permit
conditions of approval, that have been identified by the Director of
Community Development for inclusion, as well as the Design Guidelines.
The final Design Guidelines for this RPD Permit shall be approved by the
Director of Community Development at the time of review of CC &R'B, which
shall occur prior to the submittal of the CC &R's to the State Department
of Real Estate and any lot sales. The Homeowners' Association(s) shall be
responsible for monitoring compliance with the approved Design Guidelines
for all new construction and remodeling within the development. The
Director of Community Development shall ensure compliance with the Design
Guidelines through review of all Zoning Clearance and Administrative
Permit applications for residential construction.
CC &R Requirements for Construction
21. The following shall be included as requirements and limitations for
construction in the Design Guidelines:
a. M!it 100 -Foot Sasementj No use or structures of any kind
or . size; with the exception of drainage structures and
infrastructure required by the City or other public agency, shall be
allowed within *#3e #`;;::;:;:;100 -foot non - buildable, restricted -use
easement, shown on the nesting Tentative Map. This easement is to
serve as the 100 -foot fuel modification zone for fire prevention;:":
.... ..... ::.::.::::.:.:...:::.: :::::::::::::::.:::.:..:::::.;:
and as In< >: Q�]:t]: ?'r': >i iii ?i ' `t7k '`:fit i ?«3��`iL' �3 :< -:: E14 1 :::<:ti!$
cori� unction with Fria: A ap 'approval: "' The landscaping within such
easement' shall be consistent with the Fire Hazard Reduction Program
that is required to be prepared prior to recordation of Phase 1 of
the Final Vesting Map (reference Ventura County Fire Prevention
District conditions).
b. California Administrative Code: All residential units constructed
in the subdivision shall comply with Chapter 2 -53 of Part 2 and
Chapter 4 -10 of Part 4, of Title 24 of the California Administrative
Code.
C. Earthquake Design Requirements: All habitable structures shall be
designed according to the most recent Uniform Building Code (UBC)
requirements to accommodate structural impacts from ground
acceleration and maximum credible earthquake event.
d. Drainage Between Lots: No structures, walls, or fences shall be
erected which impede or restrict flow of drainage waters between
lots.
e.
f.
Roofing Materials: Use of wood or asphalt shingles as roofing
materials shall be prohibited.
Energy Saving Devices: All residential
employing energy saving devices. These
are not limited to the following:
5
units shall be constructed
devices are to include, but
RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
i. Ultra low flush toilets (to not exceed three and one -half
gallons);
ii. Low water use shower controllers as required by Title 24 of
the Uniform Building Code shall be placed on all shower
facilities;
iii. Natural gas fueled stoves, ovens and ranges shall not have
continuous burning pilot lights;
iv. All thermostats connected to the main space heating source
shall have night set back features;
V. To ensure closure when not in use kitchen ventilation systems
shall have automatic dampers; and
vi. Hot water solar panel stub -outs shall be provided.
g. Exterior Building Materials and Colors: All exterior building
materials and paint colors shall be approved by the Director of
Community Development to ensure compatibility with the Design
Guidelines and with adjacent development.
h. Rain Gutters and Downspouts: Non - corrosive rain gutters and
downspouts shall be provided on all sides of dwelling units. Water
shall be conveyed to the street or drives, as determined by the
drainage plan.
i. Roof Equipment: All roof jacks and metal flashing shall be painted
to match the roof color. Roof mounted equipment shall be
prohibited. All deck drains shall drain to the side, not the front
facing any private or public street.
j. Solar Panels: Solar panels, such as for heating swimming pool(s),
shall be subject to the approval of the Director of Community
Development prior to the issuance of a Zoning Clearance. All solar
panels shall be designed so as to be part of the overall design of
the structure supporting it.
k. Water Heater Vents: Water heater vents shall be located so as to
not be visible from a front elevation viewpoint.
1. Stucco Finishes: Stucco finishes applied mechanically shall contain
the smallest sand grit sizes feasible. Stucco finishes shall not be
textured. The design objective of stucco application is to obtain
a smooth trowel finish, to the degree feasible, without requiring
hand troweling or dry - polishing during finish coat application.
M. Asbestos Prohibited: No asbestos pipe or construction materials
shall be used in the development of homes associated with this
permit.
n. Lighting Restrictions: Front and rear yard lighting restrictions
shall be included to ensure compatibility with the surrounding rural
neighborhoods. All exterior lighting shall be fully hooded and
shielded.
o. Graffiti Removal: Any graffiti on Homeowners' Association maintained
property shall be removed within five (5) days from written
notification by the City of Moorpark. All such graffiti removal
shall be completed to the satisfaction of the City.
M
RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
p. Maintain Tract and Basement Notification Signage: Any neighborhood
identification signage and any required signs notifying residents of
an easement for future street extension shall be maintained by the
Homeowners' Association in perpetuity, or in the case of the easement
notification sign, shall be maintained until such time that the road
is extended or the easement is relinquished by the City.
q. Dominant Street Tree: A coordinated tree planting program shall be
developed which will provide a dominant street tree for each of the
residential streets to provide aesthetic diversity within the
development.
r. Fire Protection Features: All structures adjacent to open space,
around the perimeter of the project, shall be designed to satisfy at
least a one hour fire - resistant rating. Such structures shall
incorporate fire retarding features including, but not limited to,
boxed -in eaves, reduced overhangs, double -paned windows, convection
resistant roof design, non - combustible roofing material, and related
design features. The County Fire Protection District shall review
this component of the Design Guidelines prior to approval by the
Director of Community Development.
......
.................................................................................. ...............................
................................................................................. ...............................
Gateway Entrance Monumentation, Streetscape Standards, and Neighborhood Design
Form
22. Both the eastern and western "C" Street entrances to the proposed project
shall provide residential community entry monumentation signage and
appropriate landscaping at entry points. A sign program shall be
submitted to the Director of Community Development for review and approval
prior to the first residential occupancy. An orderly and consistent
street tree planting program shall be required for both entranceways to
provide a landscaping pattern that resembles a rural ranch entry road
design. Trees shall be spaced at equal intervals or clustered as approved
by the Director of Community Development. Recommended tree plantings for
these entry points and along "C" Street shall include the non - natives
typically used in ranch settings for entryways including pepper,
eucalyptus, and olive trees. Other street tree plantings shall be
consistent with the Ventura County Guide to Landscape Plans. The Director
of Community Development shall review and approve all gateway,
streetscape, and street tree planting programs for the project prior to
Zoning Clearance for the first residential unit, and all such landscaping
for each approved phase shall be installed prior to the first occupancy
for that phase.
Ridge Setback and Plantin
23. The eastern perimeter of the project shall be setback from the ridge
system visible along Walnut Canyon Road to the satisfaction of the
Director of Community Development. Landscaping around this ridge system,
once it is restored, shall emphasize reestablishment of existing native
and non - native habitat (such as naturalized ranch tree species). The
landscaping program on the eastern perimeter shall emphasize restoration
of the existing vegetation and on the west side, the program shall
RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
emphasize the use of variable sized tree lined streets to minimize the
adverse effects of the urban design planned along this perimeter. Slopes
facing Walnut Canyon and Grimes Canyon Roads shall be retained in a
natural - appearing condition.
Gradina Restrictions for Easterly Residential Lots
24. The rough and fine grading plans shall be designed so as to screen views
of interior project grading and views of homes from Walnut Canyon Road to
the satisfaction of the Director of Community Development and City
Engineer, and shall conform with the principles of contour grading.
Non - Buildable, Restricted -Use Easement (Agricultural /Land Use Buffer)
25. The developer shall provide a minimum 100 foot width non - buildable,
restricted -use easement, that may be wee-e-Ede-d- as a ee- nngvakina easement,
along the entire perimeter of the area covered by Vesting Tentative Map
No. 4928. This easement is to serve as the 100 -foot fuel modification
(reference Fire Prevention District conditions) shall be allowed within
the easement. No structures of any kind or size, with the exception of
drainage structures, fencing /walls, and infrastructure required by the
City or other public agency, shall be permitted within the easement.
Recordation of said easement shall occur coincidentally with recordation
of Phase 1 of the Final Vesting Map. This easement shall be illustrated
on all subsequent recorded maps for phased residential development.
Deed Restriction
26. The Applicant /Developer shall record a deed restriction intended to inform
all prospective buyers of residential lots of the restrictions of the 00
G► €'i #1i; 100 -foot non - buildable, restricted -use easement"' and of the
acYjacet "agricultural operations. Prior to issuance of a Zoning Clearance
for the first residential structure, the Applicant /Developer shall submit
to the Director of Community Development proof of said deed restriction
recordation and home buyer acknowledgment.
Residential Architectural Design Standards and Guidelines
27. Detailed information about residential project design features for each
residential structure or for each phase of development shall be submitted
to the Director of Community Development for review and approval. This
detailed information shall comply, to the extent feasible, with the design
guidelines and development standards contained in the City's Hillside
Management Ordinance. The street widths, streetscape patterns, lighting,
and parkway concept for the residential areas shall assure a decidedly
rural aesthetic. Accomplishment of this objective may involve providing
for rolled curbs, low intensity decorative lighting along minor streets,
the use of decorative boundary fencing along streets, and other features.
Final residential development requirements concerning landscaping,
streetscape, the architecture of residential units, lighting, and all
other Design Guidelines subjects shall be provided to the Director of
Community Development in the Final Moorpark Country Club Estates
Residential Design Guidelines, to be approved by the Director at the time
of review of proposed CC &R's and prior to lot sales.
RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
Liahtina Restrictions
28. Street lighting and rural lot lighting standards shall be as specified in
the Design Guidelines and approved mitigation monitoring program and shall
be incorporated into the project photometric plans. Street lighting along
"C" Street shall be provided consistent with City standards; all other
entrance lighting along project access roads shall be compatible with the
surrounding rural neighborhoods.
Low intensity night lighting shall be required within the streetscape;
however, at intersections, brighter lighting complying with County and
City intersection safety standards shall be required. Front and rear yard
lighting restrictions for residential properties shall be included in the
project CC &R's and Design Guidelines.
Landscaping Requirements forYYf: >::A > >: Common Maintenance Areas
............................... ...............................
29. Prior to the recordation of each applicable phase of development, two (2)
sets of Landscaping and Irrigation Plans, together with a maintenance
Program, shall be prepared by a State - licensed Landscape Architect for the
' €' €;Common Maintenance Areas for the tract. The plans
........................................ ..............:........:.......
alall'be ri accordance with the Ventura County Guide to Landscape Plans,
and applicable City policies, plans and ordinances, and shall be submitted
to the Director of Community Development for review and approval. The
Applicant /Developer shall bear the full cost of plan review, installation,
...................................... ...............................
and final inspection. The landscaping for the -A-t- t ifti Common
...........:......................... .......................:.......
Maintenance Areas in each approved phase of development " "h -all "die metalled
and receive final inspection and approval prior to the first occupancy in
each phase. (The landscaping for "C" Street is required to be installed
prior to the first golf course occupancy; however, if residential
development precedes golf course construction, the landscaping for "C"
Street shall be installed and receive final inspection and approval prior
to the first residential occupancy.)
The landscape plan shall include planting and irrigation specifications
for manufactured slopes over three (3) feet in height, and all .0-
3': >Common #„Areas proposed to be maintained by
::..:,:::::..: p p
Homeowners Associati%ir aet�t##y. The
purpose of the landscaping stial be to ... control..erosiori; preveri aesthetic
impacts to adjacent property owners, mitigate the visual impacts of all
manufactured slopes three (3) feet or more in height, replace mature trees
lost as a result of construction, and provide a landscaping pattern along
the streets and entranceways that resembles a rural ranch design. The
Landscaping and Irrigation Plans shall include landscaping specifications,
planting details, and design specifications consistent with the following
requirements:
a. Irrigation: Irrigation shall be provided for all permanent
landscaping identified in the approved landscape plan. The
subdivider shall be responsible for maintaining the irrigation
system and all landscaping until such time as a Homeowners'
Association, assessment district, or similar entity approved by the
City accepts the responsibility.
b. Tree Report: The information contained in the Final Vesting Map No.
4928 Tree Report, regarding which trees are to be saved or retained
on the site, shall be noted on the landscape plan.
C. Tree Replacement: The landscape plan for "C" Street and the
entranceways at Walnut Canyon and Gabbert Canyon Roads shall specify
RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
how trees removed during the rough and fine grading phases of the
project will be replaced in accordance with Municipal Code
requirements.
d. Streetscape Elements: The landscape plan shall include the final
design of all sidewalks, barrier walls, streetscape elements, urban
landscaping and pedestrian paths within the limit of the RPD Permit.
e. Streetscape Appearance: All landscaped pedestrian walkways shall be
designed to provide an aesthetically pleasing streetscape appearance
and shall be subject to approval of the Director of Community
Development. All pedestrian walkway plans shall conform to
conditions of approval.
f. Tree Planting: A sufficiently dense tree planting plan emphasizing
tall growing trees and /or shrubs shall be designed. Planting shall
be planned to achieve shade and screening in a three (3) to five (5)
year time period. A minimum of 25 percent of the trees shall be 24
inch box size and a minimum of 25 percent shall be 36 inch box size.
In addition, recommendations regarding planting, that are included
in the mitigation monitoring program, shall be incorporated to the
degree feasible into the screening plan. The size of the trees to
be planted shall be subject to approval of the Director of Community
Development.
g. Dominant Street Tree: A coordinated tree planting program shall be
developed for all Common Maintenance Areas. Dominant street trees
shall vary between residential streets to provide aesthetic
diversity within the development.
h. Landscaping Near Intersections: Landscaping near street
intersections shall not block or screen the view of a seated driver
from another moving vehicle or pedestrian.
i. Landscaping Within Median and Parkways: Landscaping within any
median or parkway shall be designed so as to not obstruct the view
of any exterior door or window from the street.
j. Trees Prohibited Under Street Lights: Landscaping (trees) shall not
be placed directly under any overhead lighting which could cause a
loss of light at ground level.
k. Equipment Screening: Backflow preventers, transformers, or other
exposed above grade utilities shall be shown on the landscape
plan(B) and shall be screened with landscaping and /or a wall.
1. Slopes Adjacent to Grimes Canyon Road: A restriction and /or
covenant in a form satisfactory to the City Attorney shall be placed
on lots 133 -135, 142, 143, 157, 158, and 161 prohibiting any deck,
patio, gazebo, or other structure on the slope adjacent to Grimes
Canyon Road.
M. Maintenance and Replacement: Until one year after occupancy of the
final residential unit in the tract or golf course occupancy,
whichever occurs later, the Applicant /Developer shall be responsible
for maintenance >##t':3? the
Common Maintenance*...Areas: Prior to.. Homeowners' Association, or
assessment district, or similar entity's acceptance of responsibility
for the landscaping, the Applicant /Developer shall replace any dead
plants and make any necessary repairs to the irrigation system
consistent with the landscape plan approved for the subdivision.
10
RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
n. Native and/or Drought Tolerant Plantings: The use of native and /or
drought - tolerant shrubs and trees shall be utilized for landscaping
purposes in order to stabilize graded slopes and encourage the
return of some wildlife species displaced from the project site as
a result of grading activities.
o. Xxotic Plants Prohibited: Exotic plants which are known to spread
beyond their original plantings and invade native habitats such as
Pampas Grass, Spanish Broom, and Tamarisk shall not be used.
p. Turf Plantings: Any turf plantings shall be drought tolerant, low
water -using varieties.
Surety for Rough Grading
....................
30. A rough grading permit shall not be approved until...".... 1) an early
.... ...........
gr-ading agreement 4:8 appreved and signed by the and 2The
City Engineer and the Director of Community Development approve the
acceptance of a Performance Bond to guarantee implementation of the
erosion control plan and completion of the rough grading, construction of
"C" Street and all related improvements including landscaping, construction
of Walnut Canyon Road and Grimes Canyon Road improvements including
required off -site improvements, construction of potable and reclaimed
water line extensions and two water tanks, construction of sewer line
extensions, construction of all required drainage improvements, and
implementation and maintenance of habitat restoration (as required by the
mitigation monitoring program):; :< xted :cq » »ih�t >:<:1 >:<:f::::h::'fzt1
1. In the ease —e€ €aflmyse" ".fie- 'a'am,
064'ae1l may by reseletien dwselere "-Zaer-ety for-felted—Upon completion
of rough grading and erosion control plan compliance to the satisfaction
of the City, and following recordation of all phases of the Final Vesting
Map, the City Council may reduce the amount of the bond; however, the bond
must be kept in full force and effect for a minimum of one year following
rough grading to ensure adequate erosion control and reveaetation. €':`
q
Surety for Common Maintenance Area Improvements
31. No Zoning Clearance shall be issued for grading or other construction
activities, until all on -site improvements specified in this permit have
been provided, or the Director of Community Development approves the
acceptance of a Performance Bond to guarantee the construction,
installation, and maintenance of Common Maintenance Area improvements for
each phase of the residential development including, but not limited to
perimeter tract walls (including stucco treatment), fences, median and
parkway landscaping, slope planting, irrigation, and other landscape
improvements. On -site improvements shall be completed within 120 days of
issuance of the first Certificate of Occupancy for each phase. In case of
failure to comply with any term or provision of this condition, the City
Council may by resolution declare the surety forfeited. Upon full
completion of the required improvements to the satisfaction of the City,
the City Council may reduce the amount of the bond; however, the bond must
be kept in full force and effect for one year after the last residential
occupancy for each phase to guarantee that items, other than landscaping,
such as, but not limited to, perimeter tract walls, including stucco
treatment, fences, slope planting or other related improvements are
maintained.
Surety for Reclaimed Water Facilities and Infrastructure
11
RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
32. Reclaimed water shall be used for all public and privateJi„
Common Maintenance Area landscaping irrigation.`'` Prior to rougfi
grading permit approval, the City Engineer shall require surety for the
construction of the reclaimed water facilities and infrastructure.
Landscaping Requirements for Individual Residential Lots
33. The CC &R's and Design Guidelines shall include landscaping requirements for
each residential property. Prior to the issuance of a Zoning Clearance
for each residential unit or phase of residential development, three sets
of Landscaping and Irrigation Plans shall be submitted to the Director of
Community Development for review and approval.
The Landscaping and Irrigation Plans shall be prepared by a State - Licensed
Landscape Architect and shall be in accordance with the Ventura County
Guide to Landscape Plans, and applicable City policies, plans and
ordinances. The applicant shall bear the full cost of plan review and
final inspection. The Landscaping and Irrigation Plans shall include
landscaping specifications, planting details, and design specifications
consistent with the following requirements:
a. Landscaping Near Intersections: Landscaping near street
intersections shall not block or screen the view of a seated driver
from another moving vehicle or pedestrian.
b. Security: Landscaping shall be designed so as to not obstruct the
view of any exterior door or window from the street.
C. Trees Prohibited Under Street Lights: Landscaping (trees) shall not
be placed directly under any overhead lighting which could cause a
loss of light at ground level.
d. Irrigation: Irrigation shall be provided for all permanent
landscaping, as identified in the approved landscape plan. The
CC &R's shall include landscape maintenance requirements for
homeowners, including replacement of any dead plants, and any
necessary repairs to the irrigation system, consistent with the
approved landscape plan.
e. Exotic Plants Prohibited: Exotic plants which are known to spread
beyond their original plantings and invade native habitats such as
Pampas Grass, Spanish Broom, and Tamarisk shall not be used.
f. Turf Plantings: Any turf plantings shall be drought tolerant, low
water -using varieties.
Perimeter Property Line Fencing /Walls
34. A perimeter boundary fencing /wall plan is required to be submitted for the
Director of Community Development's approval, prior to approval of the
first phase of Final Vesting Map No. 4928. The perimeter boundary
fencing /wall plan shall include the type, height, and location of all
fencing and /or walls to be installed along the perimeter of the entire
project site and along "C" Street. Boundary perimeter fencing or walls
shall be installed prior to the first residential or golf course occupancy
in each phase. Perimeter boundary fencing shall be a minimum of 6 feet in
height and shall be installed by the Applicant /Developer adjacent to
agricultural zoned property prior to the first golf course occupancy
approval or first residential occupancy approval north of "C" Street,
whichever occurs first, and shall represent a substantial barrier to
discourage vandalism and trespassing. The Director of Community
12
RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
Development may approve high - quality chain link or similar fencing
adjacent to agricultural properties in locations where such fencing would
not be visible from the public right of way or the adjacent residential
pads.
Location of Property Line Fencing /Walls
35. All property line fencing or walls shall be constructed consistent with
the Design Guidelines requirements, and shall be no further than one inch
from the property line.
Noise Management
36. The interior noise levels of dwelling units on lots bordering Walnut
Canyon and Grimes Canyon Roads shall conform with the noise insulation
standards of Chapter 1, Article 4, Section 1092 of Title 25 of the
California Administrative Code. Noise source levels shall be based upon
the traffic volumes projected for the Year 2010 along Walnut Canyon and
Grimes Canyon Roads, as predicted in the traffic technical report in the
environmental document for this project. Determination as to whether the
architectural design for these dwelling units complies with this condition
shall be made by the Building Department and Director of Community
Development prior to the issuance of building permits.
General Grading Sequence
37. Rough and fine grading permits shall be required to complete construction
of required residential and golf course infrastructure and lots: 1) a mass
or rough grading permit shall!%' be approved melee -te recordation
.
of Phase 1 of the Final Vestin g P "ki
';.: ...........
compliance with other conditions of
approval, and praeu }elen of saFety te9eQraritoe —ice ^t°+le-A of the
-- wwt .... -I-- -- _ -� _r . -L -1 66-11
Contour Gradin
38. Rough and fine grading plans must conform with the principles of contour
grading. Manufactured landforms shall be contoured and use daylight
grading techniques to provide a smooth and gradual transition of graded
and natural slopes, while preserving the basic character of the
surrounding riigelines of the site. All grading plans for lots shall be
reviewed for compliance with these principles by the Director of Community
Development and the City Engineer. Also, the grading plan shall indicate
the manner in which the graded slopes shall be blended with the natural
slope of the site.
Temporary Irrigation for Erosion Control Landscaping
39. Temporary irrigation shall be provided for all non permanent erosion
control landscaping until it is replaced with permanent irrigation unless
otherwise approved by the Director of Community Development. Temporary
irrigation must be replaced with permanent irrigation prior to issuance of
13
RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
a Zoning Clearance for the first building permit in each phase unless
drought tolerant plants selected do not require permanent irrigation.
Stabilize Slopes
40. Planned vegetation, irrigation, structures, roadways, paths, and
continuing maintenance programs shall be used to stabilize manufactured
Slopes.
Aesthetic Treatment of Manufactured Slopes
41. Suitable quantities of trees massed near the landform crest and shrubs of
varying sizes-on graded slopes shall be used to screen structures and to
soften the visual appearance of the manufactured slopes.
Drainage Between Lots
42. Cross lot drainage shall not be allowed; all lots shall drain directly to
an approved drainage system.
Drainage Structures
43. Concrete drainage structures shall be tan colored concrete and, to the
extent possible, shall incorporate natural structure and landscape to
reduce their visibility.
Water Tanks
44. Prior to approval of Phase 1 of the Final Vesting Map, the subdivider
shall work with Waterworks District No. 1 to ensure that any water tank on
the project site shall be painted an earthtone color, such as tan, and
screened with an earthen berm and drought tolerant landscaping to minimize
visual impacts. The tank color and landscaping plan shall be approved by
the Director of Community Development prior to installation. An irrigation
System shall be established for the landscaping; however, irrigation can
be discontinued after landscaping has become established and irrigation
water is no longer required, upon written approval by the Director of
Community Development.
Calleguas Municipal Water District Release
45. Prior to issuance of the first Zoning Clearance for each Phase of
development permitted under Vesting Map entitlements, the developer shall
demonstrate by possession of a District Release from the Calleguas
Municipal Water District that arrangements for payment of the Construction
Charge applicable to the proposed project have been made. The
Applicant /Developer shall also be required to comply with Ventura County
Waterworks No. 1 Rules and Regulations, including payment of all
applicable fees.
Cross Connection Control Devices
46. At the time water service connection is made for each project, cross
connection control devices shall be installed for the water system in a
manner approved by the County Waterworks District No. 1.
Water Well Relocation or Modification
47. Relocation and /or modification of the existing wells on the property shall
be subject to the approval of Waterworks District No. 1 and the Director
of Community Development. Screening shall be required including, but not
14
RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
limited to, walls or an earthen berm, and landscaping. The well screening
and relocation plan shall be submitted for Waterworks District No. 1 and
Director review and approval prior to City approval of any grading permit.
Permanent irrigation shall be provided for landscaping for consistency
with golf course landscaping.
Television Cable Service
48. Television cable service shall be provided to all residential units
consistent with City cable system requirements. Undergrounding of cable
wires is required and no lines shall be allowed to be extended along the
exterior walls of the residential buildings.
Undergrounding of Utilities
49. Prior to approval of any phase of the Final Vesting Map, the subdivider
shall post sufficient surety to assure that all proposed utility lines
designed to serve the proposed project, both within and immediately
adjacent to the project site, shall be placed underground to the nearest
off -site utility pole. All existing utilities shall also be
undergrounded to the nearest off -site utility pole with the exception of
66 KV or larger power lines. This requirement for undergrounding includes
all above - ground power poles on the project site as well as those along
the frontage of the site adjacent to Walnut Canyon and Grimes Canyon
Roads. The subdivider shall indicate in writing how this condition will
be satisfied.
Declaration of Public Nuisance
50. The continued maintenance of the Common Maintenance Areas shall be subject
to periodic inspection by the City. The Applicant /Developer or
responsible Homeowners' Association, assessment district or similar
maintenance entity, shall be required to remedy any defects in ground
maintenance, as indicated in writing by the City, within five (5) days
after notification. The Director of Community Development may declare a
development project or individual property that is not in compliance with
the Conditions of Approval, or for some other just cause, a "public
nuisance ". The subdivider /developer, Homeowners' Association, or each
individual property owner, as applicable, shall be liable to the City for
any and all coats and expenses to the City involved in thereafter abating
the nuisance and in obtaining compliance with the Conditions of Approval
or applicable codes. The City may enact special assessment proceedings
against the parcel of land upon which the nuisance existed to pay all City
costs related to abatement of the nuisance (Municipal Code Section
1.12.080).
Unconditional Will Serve Letter
51. Prior to issuance of a building permit for any phase of the project, an
"Unconditional Will Serve Letter" for water and sewer service shall be
obtained from the Ventura County Waterworks District No. 1.
State Department of Fish and Game Notice of Determination Filing Fee
52. Within two days after the City Council adoption of a resolution approving
General Plan Amendment No. 94 -1, Vesting Tentative Map No. 4928, RPD
Permit No. 94 -1, and CUP No. 94 -1, the applicant shall submit to the City
of Moorpark a check for $875.00, payable to the County of Ventura, to
comply with Assembly Bill 3158, for the management and protection of
statewide fish and wildlife trust resources. Pursuant to Public Resources
15
RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
Code section 21089 (b) and Fish and Game Code section 711.4 (c), the
project is not operative, vested or final until the filing fees are paid.
II. CITY ENGINEER CONDITIONS OF APPROVAL
PRIOR TO ISSMW= OF A GRADING PER?IIT MR ROUGH 4MDZVG, TiD; MZLOWING CONDITIONS
SHALL BE SATISFIED:
General Reauirements
53. The Applicant /Developer shall have received City Council approval for all
phases of Final Map No. 4928 and the staged grading exhibit and schedule.
54. The final design for the project entrance(s) shall be reviewed and
approved by the Director of Community Development Department and City
Engineer.
PRIOR TO ZONING C*X" "CE APPROVAL FOR THE FIRST BUILDING PERbQT FOR EACH
RESIDENTIAL LOT, TBE FOLLOWING CONDITIONS SHALL BE SATISFIED:
55. Prior to iesaaaee -e€ a mening- eleavaeee - fear the - €i ret bui ling permit -€ee
P�the -Qlb reaidQtal.. �ESk; Gfkl?iji the applicant ....:.................. ...............................
P PP
shall pay to the City the Los Arigelee" lAveh -d'd Area "'of'Co' tribution (AOC)
Fee, which shall be the dollar amount in effect at the time the fee is
paid.
56. Prior to laseaxee -e€ a sealaig eleara-_= €ev the - €iret- belldi ej per- mit�e�
,.h of ►.,. 'lb r- e4itial 3 e?111 > >.....' >;. the applicant
shall pay to the City the Gabber; tCasey load'' Area or Contribution (AOC)
Fee, which shall be the dollar amount in effect at the time the fee is
paid.
PRIOR TO OCCUPANCY OF THE FIRST RESIDMUXAT UNIT OR GOLF COURSE FACILITY, THE
FOLLOVING CONDITIONS SHALL BE SATISFIED:
57. All habitable structures shall have been designed according to the most
recent UBC requirements to accommodate structural impacts from ground
acceleration and a maximum credible earthquake event.
58. City Ordinance No. 100 and the Federal Emergency Management Agency (FEMA),
require updating of the National Flood Insurance Program maps for affected
areas whenever any alteration of the watercourse is made. If a FIRM map
revision is necessary, all materials required by FEMA for a map revision
shall be provided to the City Engineer's office. This material will
demonstrate the revised flood plain locations following development. This
information will be forwarded by the City Engineer to the FEMA for review
and updating of the National Flood Insurance Program maps. If updates to
the flood zone have been made a conditional letter of map revision shall
be provided to the City prior to issuance of a zone clearance for
occupancy of the first residential unit. The subdivider will be
responsible for all costs charged by the FEMA and the City's
administrative Costs.
Street Improvements
Walnut Canyon Road:
W.,
RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
59. Prior to occupancy of the first residential unit of Tract 4928, the
developer shall have improved Walnut Canyon Road per Ventura County
Standard Plate B -7B and as shown on Sheet 3 e€-4 of approved Vesting
Tentative Tract 4928.
60. The improvements on Walnut Canyon Road shall provide a 13 foot northbound
through lane, 12 foot northbound left turn lane, 12 foot southbound right
turn lane, 13 foot southbound through lane, 12 foot south bound
acceleration lane (south of the "C" street intersection) with 10 foot paved
shoulders on each side consistent with Sheet 3 of 4 of the approved
Vesting Tentative Map No. 4928.
61. The primary project collector street intersection with Walnut Canyon Road
(State Route 23) and Walnut Canyon Road improvements shall be designed in
consultation with the City and Caltrans to assure that acceptable turning
radii, lane widths, shoulders, lane tapers, and adequate acceleration and
deceleration improvements are constructed and adequate sight distance is
provided. Modifications to State Route 23, as required by Caltrans, shall
be constructed prior to occupancy of the first residential unit of Tract
No. 4928 or the first golf course facility, whichever occurs first. An
encroachment permit shall be obtained from Caltrans prior to construction
of any proposed roadway improvements. Any additional right -of -way
required to implement the Caltrans approved design for this entrance
intersection shall be acquired by the subdivider and dedicated to the
State in a manner acceptable to Caltrans. Entry monumentation that does
not interfere with sight- distance or turning movements shall be
incorporated into the project entrance planning. Landscaping shall be
provided appropriate to the entry that will not interfere with
sight- distance or turning movement operations.
Grimes Canyon Road:
62. Prior to occupancy of the first residential unit of Tract No. 4928,
construction modifications to Grimes Canyon Road and the Grimes Canyon
Road / "C" street intersection are required to be completed per Ventura
County Standard Plate B -7B and per Sheet 3 e€-4 of approved Vesting
Tentative Tract 4928. The (60 foot ROW) shall be widened as necessary to
construct: a dedicated 12 foot southbound left, 13 foot northbound right
turn lane, and 16 foot through lane for the project entrance with "C"
street, and 10 foot wide paved shoulders.
63. Prior to occupancy of the first residential unit of Tract 4928, the
intersection improvements to the Grimes Canyon Road and the Grimes
Canyon /Highway 118 (Los Angeles Avenue) intersection shall be completed.
The existing improvements shall be modified to provide a southbound left
turn pocket on Grimes Canyon Road and westbound right turn lane on Los
Angeles Avenue. Modifications shall also be made at the railroad crossing
adjacent to this intersection to improve the safety of this location. In
addition, a median acceleration lane shall be provided for southbound
traffic turning eastbound along State Route 118. Plans for modification
of the Los Angeles Avenue (State Route 118) /Grimes Canyon Road
intersection, shall be reviewed and approved by the City and Caltrans.
Plans for modification of the railroad crossing shall be reviewed and
approved by the Southern Pacific Railroad and the City. A sight distance
study shall also be conducted as part of the intersection and railroad
crossing modifications.
Interior Streets:
Public Streets:
17
RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
64. "C" Street shall be constructed per Ventura County Standard Plate B -4A
modified to have a sixty (60) foot right of way and configured";
;to provide the following cross
1- ai m " :::A :'. ::foot sidewalk located withis the oeother
2 -eight (8) foot'hikelanes
2- twelve (12) foot travel lanes
1- fourteen (14) foot median at "C" Street Entranceways
Left Turn Pocket at all Cross - streets (not including three -way stop
at clubhouse entry drive)
A 3 -way stop sign shall be provided at the intersection of "C" Street and
the clubhouse entry drive. To avoid conflicts with traffic on "C" Street,
a tunnel, or similar underbridge accessway, shall be constructed under the
"C" Street bridge to enable connecting the 14th, and the 15th holes for the
West golf course ante i The tunnels shall be
constructed to specif`.ications approved EiY::::' tT a City Engineer.
Left turn storage lanes are required at all public and private
intersections on "C" Street. Adequate intersection right of way shall be
provided for constructing all left -turn pockets without decreasing other
lane width and parkway requirements.
66. All interior streets shall be completed as the phasing plan requires and
as directed by the City Engineer.
Utilities
67. Utilities, facilities and services for the project area shall have been
extended and /or constructed, in conjunction with phased development of
the tract by the developer, as the project proceeds.
68. Installation of all electrical, natural gas, telephone and provision for
solid waste collection services and cable television to the Project Area
will be completed.
Solid waste collection will be provided by private companies as regulated
by the City. These services will be phased in conjunction with
development of the project area.
DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLY:
69. Grading may occur during the rainy season from October 15 to April 15 if
approved by the City of Moorpark and subject to installation of debris and
erosion control facilities. Erosion control measures shall be in place
18
�g
A2
RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
and functional between October 15th and April 15th. Along with the
erosion control measures, hydroseeding of all graded slopes shall be
required within 30 days of completion of grading.
70. That prior to any work being conducted within the State, County, or City
right of way, the subdivider shall obtain all necessary encroachment
permits from the appropriate Agencies.
71. All unimproved areas with vehicle traffic shall be watered periodically
and the vehicle speed shall be limited to 15 mph.
72. During site preparation and construction, minimize disturbance of natural
ground cover on the project site until such activity is required for
grading and construction purposes.
73. During clearing, grading, earth moving or excavation operations, dust
emissions should be controlled by regular watering with reclaimed water,
if available, paving construction roads and other dust prevention
measures. The Applicant /Developer shall submit a dust control plan,
acceptable to the city, concurrently with submittal of the rough (as
opposed to the fine) grading plan. This plan shall include, but is not be
limited to the following measures:
a. Water all site access roads and material excavated or graded on or
off -site to prevent excessive amounts of dust. Watering shall occur
a minimum of at least two times daily, preferably in the late morn-
ing and after the completion of work for the day. Additional
watering for dust control shall occur as directed by the City. The
Dust Control Plan shall indicate the number of water trucks which
will be available for dust control at each phase of grading.
b. Cease all clearing, grading, earth moving, or excavation operations
during periods of high winds (15 mph or greater in one hour). The
contractor shall maintain contact with the Air Pollution Control
District (APCD) meteorologist for current information about average
wind speeds.
C. Water or securely cover all material transported off -site and on-
site to prevent excessive amounts of dust.
d. Minimize the area disturbed at any one time by clearing, grading,
earth moving and excavation so as to prevent excessive amounts of
dust.
e. Keep all grading and construction equipment on or near the site,
until these activities are completed.
f. Wash off heavy -duty construction vehicles before they leave the ,
site.
g. Apply nonhazardous chemical stabilizers to all inactive portions of
the construction site. When appropriate, seed exposed surfaces with
a fast - growing, soil- binding plant to reduce wind erosion and its
contribution to local particulate levels.
h. Observe a 15 mile per hour speed limit for the construction area.
i. Periodically sweep public streets in the vicinity of the site to
remove silt (i.e., fine earth material transported from the site by
wind, vehicular activities, water runoff, etc.) which may have
accumulated from construction activities.
19
RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
74. The Applicant /Developer shall request g3 i that all employees involved
.:::....
in grading operations on the project' wear' face masks to reduce the
inhalation of dust which may contain the fungus which causes San Joaquin
Valley Fever.
75. Maintain equipment engines in good condition and in proper tune as per
manufacturers' specifications to prevent excessive emissions.
76. All diesel engines used in construction equipments should use high
pressure injectors.
77. All diesel engines used in construction equipments shall use reformulated
diesel fuel.
78. During smog season (May- October) the City shall order that construction
cease during Stage III alerts to minimize the number of vehicles and
equipment operating, lower ozone levels and protect equipment operators
from excessive smog levels. The city, at its discretion, may also limit
construction during Stage II alerts.
79. During site preparation and construction, construct temporary storm water
diversion structures per City of Moorpark standards.
80. 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.
81. Immediately surrounding property owners shall be notified in writing on a
monthly basis of construction schedules involving major grading.
82. Construction activities shall be limited to between the following hours:
a) 7:00 a.m. and 7:00 p.m. Monday through Friday, and b) 9:00 a.m. to
6:00 p.m. Saturday. Construction work on Saturdays will require payment
of a premium for City inspection services, and may be further restricted
or prohibited should the City receive complaints from adjacent property
owners. No construction work is to be done on Sundays, pursuant to
Section 15.26.010 of the Municipal Code.
83. Truck noise from hauling operations shall be minimized through
establishing hauling routes which avoid residential areas and requiring
that "Jake Brakes" not be used along the haul route within the City. The
hauling plan must be identified as part of the grading plan and approved
by the City Engineer.
84. The Applicant /Developer shall ensure that construction equipment is fitted
with modern sound- reduction equipment.
85. Equipment not in use for more than ten minutes should be turned off.
86. The fuel injection grading of all diesel engines used in construction
equipment should be retarded two degrees from the manufacturer's
recommendation.
87. Construction grading shall be discontinued on days for first stage ozone
alerts (concentration of 0.20 ppm) as indicated at the Ventura County APCD
air quality monitoring station closest to the City of Moorpark. Grading
and excavation operations shall not resume until the first stage smog
alert expires.
88. 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
20
RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
Department, and the City Construction Observer shall be notified
immediately. Work shall not proceed until clearance has been issued by
all of these agencies.
89. The subdivider shall utilize all prudent and reasonable measures
(including installation of a 6 foot high chain link fence around the
construction sites or provision of a full time licensed security guard) to
prevent unauthorized persons from entering the work site at any time and
to protect the public from accidents and injury.
PRIOR TO ACCEPTANCE OF PUBLIC DWROVEHENTS AND BOND EXONERATION, TZW FOLLONiING
CONDITIONS SHALL BE SATISFIED:
90. Reproducible centerline tie sheets shall be submitted to the City
Engineer's office.
91. The Applicant /Developer shall file for a time extension with the City
Engineer's office at least six weeks in advance of expiration of the
agreement to construct subdivision improvements. The fees required will
be in conformance with the applicable ordinance section.
92. A copy of the recorded Map(B) shall be forwarded to the City Engineer for
filing.
93. Sufficient surety in a form acceptable to the City guaranteeing the public
improvements pertinent to each phase shall be provided.
94. All surety guaranteeing the public improvements shall remain in place for
one year following acceptance by the City. Any surety bonds that are in
effect three years after final map approval or issuance of the first
building permit shall be increased an amount equal to of greater than the
consumers price index (Los Angeles /Long Beach SMSA) for a period since
original issuance of the surety and shall be increased in like manner each
year thereafter.
95. Original "as built" plans will be certified by the developer's civil
engineer and submitted with two sets of blue prints to the City Engineer's
office. Although grading plans may have been submitted for checking and
construction on sheets larger than 22" X 36 ", they must be resubmitted as
"as builts" in a series of 22" X 36" mylars (made with proper overlaps)
with a title block on each sheet. Submission of "as builts" plans is
required before a final inspection will be scheduled.
III. CITY OF MOORPARK POLICE DEPARTMENT CONDITIONS
CONSTRUCTION SITE SECURITY DURING GRADING OPERATIONS AND DURING CONSTRUCTION OF
INDIVIDUAL RESIDENTIAL UNITS:
96. A licensed security guard is required during the construction phase,
unless a 6 -foot high chain link fence is erected around the construction
site.
97. Construction equipment, tools, etc., shall be properly secured during non-
working hours.
98. All appliances (microwave ovens, dishwashers, trash compactors, etc.)
shall be properly secured prior to installation during non - working hours.
All serial numbers shall be recorded for identification purposes.
21
RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
99. Contractors and sub - contractors shall contact the Moorpark Police
Department for "Tailgate" meetings regarding loss prevention on the work
site.
PRIOR TO ZONING Crm.ARANCZ/BUILDING PERIIIT:
100. Lighting plans showing the type and location of all lighting devices shall
be submitted to the Police Department for review and approval.
101. At major and minor entrances and any where a wall exists, the area
directly in front of the wall shall be planted with clinging vines or
similar planting to prevent graffiti.
102. Front door entrances or entrance areas shall be visible from the street.
PRIOR TO ISSLAINCE OF AN OCCUPANCY PERiIIT, THE FOLZOWING CONDITIONS SHALL BE
SATISFIED:
103. The address shall be clearly visible to approaching emergency vehicles, a
minimum of 6 inches in height, and illuminated during hours of darkness.
104. All exterior doors shall be constructed of solid wood core, a minimum of
1 and three quarters inches thick, or of metal construction. Front sliding
glass doors are acceptable but should be visible to the street.
105. Doors utilizing a cylinder lock shall have a minimum five (5) pintumbler
operation with the locking bar or bolt extending into the receiving guide
a minimum of 1 -inch deadbolt.
106. No easy exterior access to the roof area of any structure, i.e. ladders,
trees, high walls, etc. shall be permitted.
107. If an alarm system is used, it shall be wired to all exterior doors and
windows and to any roof vents or other roof openings where access may be
made.
108. Peep holes and secondary locking devices shall be placed on all entry
doors.
109. Upon occupancy by the owner or proprietor, each single unit in the
development constructed under the same Residential Planned Development,
shall have locks using combinations which are interchanging free from
locks used in all other separate proprietorships or similar distinct
occupancies.
IV. VBNTURA COUNTY FIRS PREVENTION DISTRICT CONDITIONS
Fire Hazard Reduction Prooram
110. Prior to issuance of a grading permit or Zoning Clearance for any building
permit, the Applicant /Developer shall retain a registered landscape
architect, familiar with the objectives of fuel management in
wildland -urban interface, to prepare a Fire Hazard Reduction Program. This
program shall be prepared in consultation with the County Fire Protection
District and shall be approved by the Director of Community Development.
......... ...............................
The program shall apply to the 100 -foot ik3Cd#': non - buildable
.....:... ...............................
easement0 required by Vesting Tentative Map andscape plan
for the ` ^�^ : non - buildable easement shall include native species.
22
RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
a. The vegetation management requirements of the plan shall be clearly
defined. The golf course operators and Homeowners Associations
shall be responsible for implementing this program in perpetuity.
Fuel modification zones are proposed to be retained in as natural a
state as safety and fire regulations will permit.
b. The fuel modification zone shall be designed by and planted under
the supervision of a landscape architect with expertise in native
plant materials and habitat restoration, with the approval of the
Director of Community Development, to appear as a transition between
the built environment and natural open space.
C. Within the modification zone, native and non - native high -fuel
vegetation will be removed and replaced with low -fuel vegetation.
The height of plant materials will be kept to a minimum. Planting
requirements include a combination of trees, shrubs, and
groundcover. Irrigation will not be provided, except in established
wet zones, unless necessitated by the plant materials used.
111. During all grading and site clearance activities, earth moving equipment
shall be equipped with spark arrestors and at least two fire
extinguishers. All equipment used in the vegetation clearance phase shall
be equipped with spark arrestors and best available fire safety
technology. The vegetation clearance activities shall be coordinated with
and approved by the County Fire Prevention Division.
112. All equipment and material staging activities shall be coordinated with
the County Fire Prevention Division. Fire prone construction activities
shall be prohibited during "Santa Ana" wind conditions.
113. All grass or brush exposing any structures shall be cleared for a distance
of 100 feet prior to framing.
114. An approved spark arrester shall be installed on all chimneys.
Road and Driveway Requirements
115. Complete circulation shall be provided for each phase of the development.
Each phase shall stand alone, meeting all requirements for access, without
depending on future development of neighboring phases to complete second
access or water requirements.
116. The collector road system proposed for the project shall be reviewed and
approved by the Ventura County Fire Protection District prior to issuance
of grading permits.
117. Access roads shall be installed with an all weather surface, suitable for
access by Fire Department apparatus.
118. Fe-e res €dlential stweets without stamps-' seeerete- par -king a *easy Double
loaded 7 :.streets shall be a minimum of 36 feet wide with parking
allowed on: lioth sides. The- ueiied curbs ohm]] not: - ietQr €ar-A with tha
width of the street and shall be previeee eeteide of the re : red w alp
Single loaded i[# qil 'streets shall be a minimum of 32 feet wide with
parking allowed, on one `side only. The Leellee eu -pbc+h -all Stet- lateefere
4AF-ith th-8 Width 994 the StNeet Ma-d- 18-h-2-1-1 be pLaevidee-1 eutslise 9LE the required
Width.
119. Per eeeldeatial streets with stamped eeneEete- parking BheeldeEsa Daubie
oaded -tEoats shall ha a Minimum e€ 28 feet - gig -- Pavement 4Asi4h- fi- €eQ4
Par16ie9 t#r-eugh 819nageor mar-kings approved by the -Gity DiNeeter -e
Gewffmaity f,...._..,.._ ent, e.iti Publie Wee!ES PiLceetery and the Fire- DistEint
23
RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
120. The access roadway(s) shall be extended to within 150 feet of all portions
of the exterior walls of the first story of any building. Where the
access roadway cannot be provided, approved fire protection system or
systems shall be installed as required and acceptable to the Fire
District.
121. Access roads shall not exceed 15 percent grade.
122. Approved turn around areas for fire apparatus shall be provided where the
access road is 150 feet or more from the main project collector. Cul -de-
sacs shall have a minimum diameter of 80 feet.
123. Any gates to control vehicle access are to be located to allow a vehicle
waiting for entrance to be completely off the public roadway. The method
of gate control shall be subject to review by the Bureau Fire Prevention.
A minimum clear open width of 15 feet in each direction shall be provided.
If gates are to be locked, a Knox System shall be installed.
124. Prior to recordation of Phase 1 of the Final Map, proposed street names
shall be submitted to the Fire Department Communication Center for review
and comment.
125. Street name signs shall be installed in conjunction with the road
improvements. The type of sign shall be in accordance with Plate F -4 of
the Ventura County Road Standards.
126. All driveways shall have a minimum vertical clearance of 13 feet 6 inches,
and this requirement shall be included in the CC &R's /Design Guidelines.
Fire Hydrant /Fire Flow Requirements
127. Prior to recordation of the first phase of residential development, the
Applicant /Developer shall provide verification that the water purveyor can
provide the required volume /fire flow for the project.
128. Prior to construction, the Applicant /Developer shall submit plans to the
Ventura County Bureau of Fire Prevention Division for the approval of the
location of fire hydrants; all hydrants shall be shown on the plan that
are situated within 300 feet of the perimeter of the residential
development.
129. A minimum fire flow of 1,000 gallons per minute at 20 psi shall be
provided. The location and capacity of all water storage and conveyance
facilities shall be reviewed and approved by the District prior to the
recordation of the Final Map and prior to the issuance of building
permits.
130. Fire hydrants shall be installed and in service prior to combustible
construction and shall conform to the minimum standards of the County
Water Works Manual. These standards specify:
a. Each hydrant shall be a 6 inch wet barrel design, and shall have one
4 inch and one 2 J inch outlet.
b. The required fire flow shall be achieved at no less than 20 psi
residual pressure.
24
RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
C. Fire hydrants shall be spaced 300 feet on center, and so located
that no structure will be farther than 150 feet from any one
hydrant.
d. Fire hydrants shall be set back in from the curb face, 24 inches on
center.
California Administrative Code (Title 24- Section 2.1217 Requirements
131. Portions of this development may be in a hazardous fire area and those
structures shall meet hazardous fire area building code requirements.
132. The Design Guidelines shall include a requirement that prior to
preparation of building plans for new residential structures or additions
to existing structures, the architect shall obtain VCFD Form No. 126,
"Requirements for Construction."
V. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITIONS
133. Prior to City approval of any grading permit for the project, the
Applicant /Developer and the District shall enter into a contract for the
relocation and /or modification of the existing wells on the property. The
relocation plan shall address well locations, provisions for drilling
additional wells if necessary (if existing wells are damaged during
construction), relocation of conveyance structures, and other matters of
mutual concern. A copy of the approved contract shall be submitted to the
City. The Applicant /Developer shall be responsible for complying with all
terms and conditions of the relocation contract.
134. Prior to issuance of a grading permit, the proposed infrastructure plan
for the project shall be designed to place all required sewer and
reclaimed water conveyance facilities in the Gabbert Canyon alignment.
The Applicant /Developer shall obtain all necessary right -of -way and
easements to install the required infrastructure in this alignment.
135. Prior to issuance of a Zoning Clearance for a building permit, the
applicant for service shall comply with the Ventura County Waterworks
District No. 1 "Rules and Regulations" and any subsequent additions or
revisions thereto. Ultra low plumbing fixtures are required in all new
construction. Any requirements by the Fire Protection District, that are
greater than Waterworks District No. 1 existing facilities are the
responsibility of the Applicant /Developer.
136. Waterworks District No. 1 has an existing water transmission line, which
shall be relocated at Applicant /Developer's cost, as approved by the
District.
137. The Applicant /Developer shall be responsible to construct and pay for the
required in -tract and off -site water, reclaimed water and sewer
improvements necessary to serve the property.
138. Applicant /Developer shall be required to pay all applicable water capital
improvement fees and sewer connection fees in accordance with the
District's Rules and Regulations.
VII. MITIGATION MEASURES APPLICABLE TO THE RPD PERMIT
139. The approved Mitigation Monitoring Program is included as Attachment 3 to
Resolution No. 96- , and all mitigation measures are requirements of
the RPD Permit, as applicable. Some of the adopted mitigation measures
are duplicates or very similar to the conditions of approval. In cases
where a mitigation condition conflicts with a condition of approval, the
25
RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
stricter or more specific language shall apply, as determined by the
Director of Community Development during the condition compliance review
for each phase of development.
26
RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORP.
April 17, 1996
ATTACHMENT A
MOORPARK COUNTRY CLUB ESTATES PROJECT
DRAFT DESIGN GUIDELINES FOR RESIDENTIAL DEVELOPMENT
27
`11 '�- . 1 00 ( 4) (a)
CONDITIONAL USE PERMIT NO. CUP -94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORPORATION
April 17, 1996
CONDITIONAL USE PERMIT NO. CUP -94 -1
CONDITIONS OF APPROVAL
I. DEPARTMENT OF C0104UNITY DEVELOPMENT CONDITIONS
Permitted Uses
1. Conditional Use Permit No. CUP -94 -1 is granted for the land and project
identified as Moorpark Country Club Estates Golf Course Project: General
Plan Amendment No. 94 -1 (Open Space 2 land use designation), Zone Change
No. 94 -1 (Open Space Zone), Phased Tentative Map No. 4928, and CUP -94 -1.
The location and design of all site improvements shall be as shown or
described on the approved Vesting Tentative Map (Sheets 1-4 dated March
26 1996)## ptN �':c,I#
..
9!3 Conceptual" LAh* '66'& Plans "for "'Stre "ets anti Entranceways (Sheets I=
4);"modified to be consistent with the approved Vesting Tentative Map,
Clubhouse Plans (Site Plan: Sheet 1, Floor Plan: Sheet 2, East and North
Exterior Elevations: Sheet 3, Exterior Elevations West and South: Sheet 4,
and Clubhouse Entry Drive Plan /Elevation: Sheet 5), and approved
mitigation monitoring program except or unless indicated otherwise
• • . • • :i ;.. v ..:. 'K.'.J •.i: .: vih. .ry...SY.: :::i::; "'iiii'.i:Ci:. ';::;i:• i:;:Y.; ?' ?: ii:i::: ':'.: ::: ' ':;:::i:
herein in the following conditions:::`,>:;>:: s :::::►:: >:: >���.�.��: >:«::: >: >.
:.:............::. ....»a..
The approved project includes two public 18 -hole golf courses (hereinafter
referred to 'as €West and East golf courses) , driving range, 20,400
square feet 6' ':clubhouse facilities for the West golf course, a 1,940
square foot Pro - shop /Office /Storage building for the East golf course, a
3,500 square foot cart storage building and a 3,500 square foot
maintenance building for the West golf course, and two parking areas to
serve both golf courses and related facilities (total parking spaces
provided is a minimum of 263, as shown on the site plan).
City and Other Agency Regulations
2. The design, maintenance, and operation of the permit area and facilities
thereon shall comply with all applicable City Zoning Code and Municipal
Code regulations; all requirements and enactments of Federal, State,
County, and City authorities; all City policies, procedures, and
standards; and all such requirements and enactments shall, by reference,
become conditions of this permit.
3. No conditions of this entitlement shall be interpreted as permitting or
requiring any violation of law or any unlawful rules or regulations or
orders of an authorized governmental agency. In instances where more than
one set of rules apply, the stricter ones shall take precedence. All
Vesting Tentative Map No. 4928 conditions of approval are applicable to
CUP No. 94 -1.
Use Inauguration
4.
1
CONDITIONAL USE PERMIT NO. CUP -94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORPORATION
April 17, 1996
Applicant /Developer must provide evidence of due diligence towards
inauguration of the project. 1 € at the end efthe - €ivet thvee year r___ =?
Le. rde
ef the appveved uses has been previded, After all approved
uses and facilities have been constructed and full compliance wiffi "'aTl
conditions has been accomplished, the this CUP shall run with the land,
but shall be subject to modification, suspension and revocation for cause
as specified in Title 17, Zoning, of the Moorpark Municipal Code.
Discontinuance of Use
5. This CUP shall expire when any of the uses for which it is granted,
including two public golf courses, clubhouse, and driving range, are
abandoned for a period of 180 or more consecutive days. This section is
not intended to apply to occurrences beyond the control of the property
owner. The City reserves the right to modify the CUP approval if one or
more, but not all approved uses are abandoned.
Prohibited Uses /Modification to Permit
6. All facilities and uses other than those specifically requested in the
application for CUP -94 -1, and as approved herein, are prohibited. The
location and design of all site improvements shall be as shown or
described on the approved Vesting Tentative Map No. 4928, and the approved
CUP site plan, elevations, floor plan, and conceptual landscape plans
(except as required to be modified to be consistent with the approved
Vesting Tentative Map and Zoning Code development standards). Other uses,
configurations, or designs are prohibited unless an application for a
Modification has been approved by the City of Moorpark. Any minor changes
to this permit shall require the submittal of an application for a Minor
Modification and any major changes to this permit shall require the
submittal of a Major Modification as determined by the Director of
Community Development.
Transfer or Assignment of the Permit
7. A transfer of this permit shall not be effective until the name and
address of the transferee and the date when such transfer shall take
place, together with a letter from the new owner certifying agreement to
comply with all conditions of this permit is filed with, and acknowledged
in writing by the Director of Community Development. No later than ten
(10) days after change of ownership or lessee of this property, the
Director of Community Development shall be notified in writing, of the new
owner or lessee. The same letter shall state that the new owner or lessee
has read all conditions pertaining to this Permit and agrees with said
conditions. Failure to abide by this condition shall render the CUP null
and void and shall cause the cessation of all operations granted by said
CUP.
Severability
8. If any of the conditions or limitations of this permit are held to be
invalid by a court of competent jurisdiction, that holding shall render
this CUP null and void at the discretion of the City.
2
CONDITIONAL USE PERMIT NO. CUP -94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORPORATION
April 17, 1996
Applicant /Developer Defense Costs
9. The subdivider shall defend, indemnify and hold harmless the City and its
agents, officers and employees from any claim, action, or proceeding
against the City or its agents, officers, or employees to attack, set
aside, void, or annul any approval by the City or any of its agencies,
departments, commissions, agents, officers, or employees concerning the
CUP, which claim, action, or proceeding is brought within the time period
provided therefore in Government Code Section 66499.37. The City will
promptly notify the Applicant /Developer of any such claim, action, or
proceeding, and, if the City should fail to do so, or should fail to
cooperate fully in the defense, the Applicant /Developer shall not
thereafter be responsible to defend, indemnify and hold harmless the City
or its agents, officers, and employees pursuant to this condition.
The City may, within its unlimited discretion, participate in the defense
of any such claim, action, or proceeding if both of the following occur:
a. The City bears its own attorney fees and costs;
b. The City defends the claim, action, or proceeding in good faith.
The Applicant /Developer shall not be required to pay or perform any
settlement of such claim, action, or proceeding, unless the settlement is
approved by the Applicant /Developer. The Applicant /Developer's obligations
under this condition shall apply regardless of whether a Final Map is
ultimately recorded with respect to the proposed CUP project.
Acceptance of Conditions
10. The acceptance of this permit and /or commencement of construction and /or
operations under this permit by the Applicant /Developer shall be deemed to
be acceptance of all conditions of this permit and all City Council
approved mitigation measures.
Condition Compliance Costs
11. The Applicant /Developer shall pay all outstanding City case processing and
environmental impact report related costs, prior to initiation of
condition compliance review for approval of a grading permit or Zoning
Clearance for construction /building permit, and prior to submission of any
plans for Building Inspector or City Engineer plan check. Prior to
approval of any grading, building, encroachment or other permit related to
this entitlement, the Applicant /Developer shall also submit to the
Department of Community Development a deposit to cover all costs incurred
by the City for Condition Compliance and mitigation monitoring review of
the proposed project.
Environmental Ouality Assurance Program
12. The mitigation monitoring program shall be enforced through implementation
of an Environmental Quality Assurance Program (EQAP) by the City. The
Applicant /Developer shall pay for 100 percent of the City's cost, including
administrative fee, to hire a qualified consulting firm to monitor
grading, construction, and mitigation compliance. General procedures
governing Environmental Quality Assurance Programs (EQAP), which implement
California Environmental Quality Act (CEQA) Mitigation Monitoring
Requirements, shall govern this monitoring effort. The selected
consultant shall be familiar with golf course development.
Zoning Clearance for Building Permits
CONDITIONAL USE PERMIT NO. CUP -94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORPORATION
April 17, 1996
13. Prior to submittal of construction plans for plan check or initiation of
any grading or other construction activity, a Zoning Clearance shall be
obtained from the Department of Community Development. The request for
Zoning Clearance shall be accompanied by three complete sets of all
applicable construction plans.
Zoning Clearance for Occupancy Approval and Business Registration
14. A Zoning Clearance from the Community Development Department shall be
required for occupancy /final building permit approval for each golf
course, the driving range, each clubhouse building, and all other
maintenance /storage buildings. A Zoning Clearance and Business
Registration shall also be required prior to operation of each independent
business operation in the approved buildings, to ensure compliance with
City Municipal and Zoning Code and CUP requirements. The Community
Development Department may determine that certain uses will require other
types of entitlements or environmental clearance.
Hold Harmless Agreement
15. Prior to Zoning Clearance approval, construction plans may be submitted to
the Building and Safety Department and City Engineer for plan check with
a City approved Hold Harmless Agreement.
Citywide Traffic Mitigation Fee
16. For the golf course lots the subdivider shall pay a total Citywide
traffic mitigation fee of $154,224 prior to -61- test
seseaxp�rw°s t�f*hmt►htsa i+ssi€ g This fee shall be
adjusted arinualYy "(commencing 'one yearfroiii tfie approval date of CUP No.
94 -1) by any increase in the Consumer Price Index (CPI) until paid. The
CPI increase shall be determined by using the information provided by the
U.S. Department of Labor, 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
January of each year.
Air Quality Mitigation Fee
17.
Art in Public Places Fee /Obligation
18.
or Moorpark's Art in Public Places Fund, an amount of $10 per each 100
square feet of building area; or, if approved by the City Council, may
install an art work of equivalent value near or at the clubhouse
facilities.
Park and Recreation Fee
19.
;1 the Applicant'Developer shat1 con tribute-ari amount of
.:..........................:... ...............:.::............
CONDITIONAL USE PERMIT NO. CUP -94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORPORATION
April 17, 1996
$.25 per each square foot of clubhouse building area to fund park
improvements by the City.
School Assessment Fees
20. Prior to issuance of a building permit for any phase of the Project, the
Applicant /Developer shall pay all school assessment fees levied by the
Moorpark Unified School District.
Ordinance 102 Requirement
dxrglie
a' plicarit shallpay 'a fee establsiiecl pursuant to "Ordiriarice
t0'2 iri the amount of $.05 per square foot of building area to be used to
install, maintain, and replace landscape work on public property for the
purpose of mitigating the removal of the natural landscape from the
property of the new development.
Relationship to Vesting Map No. 4928
22. No Zoning Clearance for golf course installation of irrigation and
permanent landscaping, and construction of golf course buildings, shall be
issued until Phase 1 of Vesting Map No. 4928 has been recorded.
Non - Compliance with Conditions of Approval Deemed a "Public Nuisance"
23. The Director of Community Development may declare a development project
that is not in compliance with the Conditions of Approval or for some
other just cause, a "public nuisance." The Applicant /Developer or property
owner, as applicable, shall be liable to the city for any and all costs
and expenses to the city involved in thereafter abating the nuisance and
in obtaining compliance with the Conditions of Approval or applicable
codes. If the Applicant /Developer fails to pay all city costs related to
this action, the City may enact special assessment proceedings against the
parcel of land upon which the nuisance exists (Municipal Code Section
1.12.080). Not withstanding the aforementioned sanctions, non - compliance
with conditions of approval may also be used as justification for
cancellation of this CUP. In such a case, the Director of Community
Development shall schedule a revocation hearing before the City Council.
Enforcement of Vehicle and Municipal Codes for "C" Street
24. Prior to opening "C" Street and the golf course clubhouse private drive and
parking lots to public use, the applicant shall request the City to adopt
a resolution authorizing enforcement of applicable provisions of the
Vehicle Code and Moorpark Municipal Code.
Provision for Image Conversion of Plans into Optical Format
25. Upon recordation and prior to the first occupancy approval, the builder
shall provide to the City an image conversion of any associated building,
landscape, public improvement, elevation, and site plans into an optical
format acceptable to the City Clerk.
Assessment District for "C" Street Comffiee Maintenance Area Improvements
26. Except for the street improvements, maintenance responsibility for the
other "C" Street 7 ; ; "Gemffien Maintenance Areas ") , including but
: .
not limited to thb landscaping improvements in the parkway, medians, and
at the entranceways; the bus stops; storm drains; and any slope directly
affecting drainage, and any other items deemed necessary by the City,
shall be provided by an assessment district. The total cost of the
CONDITIONAL USE PERMIT NO. CUP -94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORPORATION
April 17, 1996
maintenance provided by the assessment district shall be borne by all of
the residential and golf course property owners within the entire Vesting
Map No. 4928 area, as applicable. The Applicant /Developer shall be
responsible for installing all required Maintenance Area
improvements and maintaining such Connie n Maintenance Area improvements, to
the City's specifications and satisfaction, until acceptance by the City
for inclusion in the assessment district. Acceptance of Common
Maintenance Area improvements for assessment district maintenance purposes
shall not occur until one year after the final residential unit or golf
course occupancy in the tract, whichever occurs later, or until the next
opportunity to place this area within the assessment district for
assessment purposes, whichever occurs later.
"C" Street improvements shall be maintained by the Applicant /Developer to
the City's specifications and satisfaction, until acceptance of said
improvements by the City.
Gateway Entrance Monumentation, Streetscape Standards, and Neighborhood Design
Form
27. Both the eastern and western "C" Street entrances to the proposed project
shall provide appropriate landscaping and golf course signage at entry
points. A sign program shall be submitted to the Director of Community
Development for review and approval prior to the first golf course
occupancy approval. An orderly and consistent street tree planting
program shall be required for both entranceways to provide a landscaping
pattern that resembles a rural ranch entry road design. Trees shall be
spaced at equal intervals or clustered as approved by the Director of
Community Development. Recommended tree plantings for these entry points
and along "C" Street shall include the non - natives typically used in ranch
settings for entryways including pepper, eucalyptus, and olive trees.
Other street tree plantings shall be consistent with the Ventura County
Guide to Landscape Plans. The Director of Community Development shall
review and approve all gateway, streetscape, and street tree planting
programs for the project prior to fine grading permit approval, and all
such landscaping for each approved phase shall be installed prior to the
first occupancy for that phase.
General Grading Sequence
28. Rough and fine grading permits shall be required to complete construction
of required residential and golf course infrastructure and lots: 1) a mass
or rough grading permit shall'# be approved �e U4�';� „ ":
recordation of Phase 1 of the FiriaT..'Vesting Map :;'
and ap €seval of an early gsading agreement, compliance with other
conditions of approval
^mi lementatien of the evesican vvi: s s
} j plan and eemplett on of r-O gh
e
geading, eenotr ietlen 99 W Street and all related 4- a i na-rl udiis(�
l•andseaping, - eenstsuetien Of Walmut 8amyem Real amd r-taiffina Cae en Read
i m ^- -carte-
its iaaludi - e ed -ef_f -smote f
r "7 3 1" - ���6Y @il'1 @n�B- �— eensbeue��em er
PLaiolo and rcnlaimed 4iao6= lima eiftenniona and twn water— tsanlce -r
d- r-
1"evements, and iowlementatien -a-ad- main enar3ee —e€ habitat
Eesteratlen (as required by the mitigatien meniteEing p egesm) p and 2T
slabsa"eat fine ^ gwad.ing permit—s— 8-h-a ii e- e- isB136d- €er im6liYidual phases of
the Final Vesting v^ after a a
Contour Grading
29. Rough and fine grading plans must conform with the principles of contour
grading. Manufactured landforms shall be contoured and daylight grading
techniques shall be used to provide a smooth and gradual transition of
CONDITIONAL USE PERMIT NO. CUP -94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORPORATION
April 17, 1996
graded and natural slopes, while preserving the basic character of the
surrounding ridgelines of the site. Rough and fine grading plans for lots
and golf courses shall be reviewed for compliance with these principles by
the Director of Community Development and the City Engineer. Also, the
grading plans shall indicate the manner in which the graded slopes shall
be blended with the natural slope of the site.
Ridge Setback and Planting
30. The eastern perimeter of the project shall be set back from the ridge
system visible along Walnut Canyon Road to the satisfaction of the
Director of Community Development. Landscaping around this ridge system,
once it is restored, shall emphasize reestablishment of existing native
and non - native habitat (such as naturalized ranch tree species). The
landscaping program on the eastern perimeter shall emphasize restoration
of the existing vegetation.
Temporary Irrigation for Erosion Control Landscaping
31. Temporary irrigation shall be provided for all non permanent erosion
control landscaping until it is replaced with permanent irrigation, unless
otherwise approved by the Director of Community Development. Temporary
irrigation must be replaced with permanent irrigation prior to issuance of
the first occupancy approval, unless drought tolerant plants selected do
not require permanent irrigation.
Stabilize Slopes
32. Planned vegetation, irrigation, structures, roadways, paths, and
continuing maintenance programs shall be used to stabilize manufactured
slopes.
Aesthetic Treatment of Manufactured Slopes
33. Suitable quantities of trees massed near the landform crest and shrubs of
varying sizes on graded slopes shall be used to screen structures and to
soften the visual appearance of the graded slopes.
Drainage Between Lots
34. Cross lot drainage shall not be allowed; all lots shall drain directly to
an approved drainage system.
Drainage Structures
35. Concrete drainage structures shall be tan colored concrete and, to the
extent possible, shall incorporate natural structure and landscape to
reduce their visibility.
Water Tanks
36. Prior to approval of Phase 1 of the Final Vesting Map, the subdivider
shall work with Waterworks District No. 1 to ensure that any water tank on
the project site shall be painted an earthtone color, such as tan, and
screened with an earthen berm and drought tolerant landscaping to minimize
visual impacts. The tank color and landscaping plan shall be approved by
the Director of Community Development prior to installation. An irrigation
system shall be established for the landscaping; however, irrigation can
be discontinued after landscaping has become established and irrigation
water is no longer required, upon written approval by the Director of
Community Development.
CONDITIONAL USE PERMIT NO. CUP -94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORPORATION
April 17, 1996
Calleguas Municipal Water District Release
37. Prior to issuance of the first Zoning Clearance for each Phase of
development permitted under Vesting Map entitlements, the developer shall
demonstrate by possession of a District Release from the Calleguas
Municipal Water District that arrangements for payment of the Construction
Charge applicable to the proposed project have been made. The
Applicant /Developer shall also be required to comply with Ventura County
Waterworks No. 1 Rules and Regulations, including payment of all
applicable fees.
Cross Connection Control Devices
38. At the time water service connection is made for each project, cross
connection control devices shall be installed for the water system in a
manner approved by the County Waterworks District No. 1.
Water Well Relocation or Modification
39. Relocation and /or modification of the existing wells on the property shall
be subject to the approval of Waterworks District No. 1 and the Director
of Community Development. Screening and noise attenuation shall be
required around the perimeter of the three well lots, including, but not
limited to, walls and /or an earthen berm, and landscaping. The well
screening and relocation plan shall be submitted for Waterworks District
No. 1 and Director review and approval prior to City approval of any
grading permit. Permanent irrigation shall be provided for landscaping
for compatibility with golf course landscaping.
Perimeter Fencing /Wall Requirements
40. Perimeter fencing or walls shall be provided in areas where golf course
users could obtain access to surrounding private rural residential or
agricultural lands. The perimeter golf course fencing shall be installed
for each golf course prior to occupancy approval. Perimeter boundary
fencing adjacent to agricultural zoned property shall be a minimum of 6
feet in height, shall be installed by the Applicant /Developer prior to the
first golf course occupancy approval or first residential occupancy
approval north of "C" Street, and shall represent a substantial barrier to
discourage vandalism and trespassing. The Director of Community
Development may approve high - quality chain link fencing adjacent to
agricultural properties in locations where such fencing would not be
visible from the public right of way or the adjacent residential pads. In
all other perimeter locations, not adjacent to agricultural zoned
property, either wrought iron fencing or, a block wall, or a combination
shall be provided, as determined by the Director of Community Development.
A Perimeter Fencing and Wall Plan is required to be submitted and approved
by the Director prior to City Council approval of the first phase of the
Final Vesting Map. The location of all proposed perimeter fencing and
walls shall be shown on the Perimeter Fencing and Wall Plan. All property
line walls or fencing shall be no further than one inch from the property
line.
Multi -Use Trail
41. A 20 -foot multi -use trail easement is included within the golf course lots
and an irrevocable offer of dedication of the easement and an irrevocable
offer of dedication for public purposes for lot No. 217, the trail staging
area are requirements of Vesting Tentative Map No. 4928.`.'.:.:..' > !
CONDITIONAL USE PERMIT NO. CUP -94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORPORATION
April 17, 1996
Patterned Pavement
42. Patterned pavement may be provided for the private clubhouse entry drive
near the intersection with "C" Street and shall also be provided at the
entrances to the parking lots, and to emphasize pedestrian crossing areas
in parking lots, subject to the approval of the Director of Community
Development and City Engineer.
Agricultural and Land Use Compatibility
43. No structures of any size or type, with the exception of drainage
structures and infrastructure required by the City or other public agency,
shall be allowed within the 100 -f ootd# non - building area,
::: :..........:.....
restricted -use easement, as shown on Veatrig'Tentative Map No. 4928
d .....::: >:3zi::: >the:::> nd ::cnpte:::::±a ::::> ::::> :::> ss:<:#t s :. :at spa: >? an
:........:.::: :.:::: ....... ............:..:. P
the lanc�:scap ng Wit'T "in' "eucli.' easements duf "'be "'required` to " 'Se" "consistent
with the Fire Hazard Reduction Program that will be prepared prior to
recordation of Phase 1 of the Final Vesting Map. Maintenance
responsibility for the 100- foot: >€ # non- building area*.' is
Landscaoino Reauirements
44. Complete landscape and irrigation plans (2 sets), together with
specifications and a maintenance program, shall be prepared for the
sT
"0.", ':i;?lCommon Maintenance Areas (as required for Vesting
...... .i.i; ........................... ............................:..
Tentative lytap No 4g2$) and all golf course areas prior to rough grading
permit approval. The landscape and irrigation plans shall be prepared by
a State Licensed Landscape Architect, generally in accordance with the
Ventura County Guide to Landscape Plans, and shall be submitted to the
Director of Community Development for review and approval. The subdivider
shall bear the cost of the landscape plan review, installation of the
landscaping and irrigation system, and of final landscape inspection. All
tree replacement, ixiE3kw# , .....Commoni,x1... , Area
landscaping, golf course' .area Yardscaping; "and permanent "eros on 'control
landscaping, shall be installed and receive final inspection prior to
issuance of an occupancy approval for either golf course, with the
exception that all streetscape landscaping shall be completed within 90
days of completion of the related course street base.
The Landscaping and Irrigation Plans shall include landscaping
specifications, planting details, and design specifications consistent
with the following requirements:
a. Irrigation: Irrigation shall be provided for all permanent
landscaping identified in the approved landscape plan. The
Applicant /Developer shall be responsible for maintaining the
irrigation system and all landscaping until such time as an
assessment district, golf course operator, or other entity accepts
the responsibility.
b. Tree Report: The information contained in the Final Vesting Map No.
4928 Tree Report, regarding which trees are to be saved or retained
on the site, shall be noted on the landscape plan.
C. Tree Replacement: The landscape plan for "C" Street and the
entranceways at Walnut Canyon and Gabbert Canyon Roads shall specify
CONDITIONAL USE PERMIT NO. CUP -94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORPORATION
April 17, 1996
how trees removed during the rough and fine grading phases of the
project will be replaced in accordance with Municipal Code
requirements.
d. Streetscape Elements: The landscape plan shall include the final
design of all sidewalks, barrier walls, streetscape elements, urban
landscaping and pedestrian paths within the limit of this permit.
e. Streetscape Appearance: All landscaped pedestrian walkways shall be
designed to provide an aesthetically pleasing streetscape
appearance, and shall be subject to approval of the Director of
Community Development. All pedestrian walkway plans shall conform
to conditions of approval.
f. Tree Planting: A sufficiently dense tree planting plan emphasizing
tall growing trees and /or shrubs shall be designed for the golf
courses and club house area. The percentage of trees for the
clubhouse area shall be as follows: 40 percent - 15 gallon, 30
percent - 24 inch box, and 30 percent - 36 inch box size in order to
provide screening in a three to five year time period. The
percentage of trees and sizes for the golf courses shall be approved
by the Director of Community Development based on the intent to
provide mature trees in a three- to five -year time period.
Recommendations regarding planting, that are included in the
mitigation monitoring program, shall be incorporated to the degree
feasible into the landscaping plan.
g. Landscaping Near Intersections: Landscaping at site entrances and
exits and at any intersection within the development shall not block
or screen the view of a seated driver from another moving vehicle or
pedestrian.
h. Landscaping within Median and Parkways: Landscaping shall be
designed so as to not obstruct the view of any exterior door or
window from the parking area.
i. Trees Prohibited Directly Under Lighting Fixtures: Landscaping
(trees) shall not be placed directly under any overhead lighting
which could cause a loss of light at ground level.
j. Equipment Screening: Backflow preventers, transformers, or other
exposed above grade utilities shall be shown on the landscape
plan(s) and shall be screened with landscaping and /or a wall.
k. Shade Coverage: A 50 percent shade coverage shall be provided
within all open parking areas. Shade coverage is described as: the
maximum mid -day shaded area defined by a selected specimen tree at
50 percent maturity.
1. Raised Planters: Plantings in and adjacent to parking areas shall
be contained within raised planters surrounded by six -inch concrete
curbs. As required by the Zoning Code, the clubhouse parking lots
shall be revised to provide that where vehicles overhang both sides
of a planter, such planter shall be a minimum of 8 feet wide, and
where vehicles overhang one side of a planter, such planter shall be
a minimum of 5 # feet wide.
M. Berms: For golf course lots 218 and 220, graded berms shall be
constructed along all parking areas abutting or visible from any
street or residential lot to act as a screen. Such berms shall have
a maximum height of 4 feet and a minimum height of 3 feet and shall
be landscaped.
10
CONDITIONAL USE PERMIT NO. CUP -94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORPORATION
April 17, 1996
n. Graffiti Prevention: At major and minor entrances and any where a
wall exists, the area directly in front of the wall shall be planted
with clinging vines or similar planting to prevent graffiti.
o. Maintenance and Replacement: Prior to Final Map approval for any
phase, the applicant shall provide an irrevocable offer of an
easement to the City for the purpose of maintaining all landscaping
and related drainage improvements for all areas adjacent to public
and private roadways that are required to be landscaped (reference
Sheets 1 and 2 of Vesting Tentative Map No. 4928 for proposed
easements). All Gewmen Maintenance Areas for "C" Street, as shown
on Vesting Tentative Map No. 4928, shall be maintained by the
developer until one year after occupancy of the final residential
unit or golf course in the tract, whichever occurs later, or until
the next opportunity to place all- Gemmen Maintenance Areas for "C"
Street within an assessment district for assessment purposes. The
total cost of the maintenance provided by the assessment district
for "C" Street Common Maintenance Areas shall be borne by all of the
residential and golf course lot owners within the tract.
For all golf course slope areas adjacent to, and visible from, "C"
Street, Walnut Canyon and Grimes Canyon Roads, the
Applicant /Developer is also required to provide an irrevocable offer
of an easement to the City for the purpose of maintaining all
landscaping and related drainage improvements. The golf course
operators shall be required to provide the maintenance for these
slope areas; however, should any of the landscaping and drainage in
the golf course slope areas adjacent to Walnut Canyon and Grimes
Canyon Roads not be maintained in a satisfactory manner, as
determined at the sole discretion of the City, the referenced slope
areas, or portion thereof, shall be annexed, at the City's option,
to an assessment District. The total cost of the maintenance
provided by the assessment District shall be borne by the affected
golf course property owner(s), including but not limited to
anticipated costs to annex the Common Maintenance Areas and /or golf
course maintenance areas, described above, and to convert irrigation
Systems or other work required to do so. The Applicant /Developer
shall record a covenant to inform the purchaser of all of the
affected golf course lots of the slope maintenance easement and
potential annexation into an assessment district.
p. Native and /or Drought Tolerant Plantings: The use of native and /or
drought - tolerant shrubs and trees shall be utilized for landscaping
purposes in order to stabilize graded slopes and encourage the
return of some wildlife species displaced from the project site as
a result of grading activities. Any turf plantings shall also be
drought tolerant, low water -using varieties.
q. Exotic Plants Prohibited: Exotic plants which are known to spread
beyond their original plantings and invade native habitats such as
Pampas Grass, Spanish Broom, and Tamarisk shall not be used.
r. Code Enforcement: The continued maintenance of the Common
Maintenance Areas shall be subject to periodic inspection by the
City. The Applicant /Developer or property owner shall be required
to remedy any defects in ground maintenance, as indicated by the
Code Enforcement Officer within five (5) days after notification.
Reclaimed Water Requirements
11
CONDITIONAL USE PERMIT NO. CUP -94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORPORATION
April 17, 1996
..........:.....:;.. ...............................
45. Reclaimed water shall be used for all;#t'':Q;:. Common
t3tif �a'3 air Area landscaping irrigation 4fid..`.for " "gol-f' course `irrigation.
.... ...............................
BlencYng"wth potable water shall be permitted, for golf course greens, as
approved in writing by the Director of Community Development prior to
occupancy approval. Prior to rough grading permit approval, the City
Engineer shall require a surety bond for the construction of the reclaimed
water facilities and infrastructure. Reclaimed water shall be available
to the golf courses prior to commencement of irrigation for permanent golf
course landscaping.
46. After golf course operations have been initiated (subsequent to the
initial landscape establishment period), the Applicant /Developer (or
successor) shall, renegotiate existing agreements with Waterworks District
No. 1 to reduce contract allotments for potable and reclaimed water to
correspond with the demonstrated demands of the project. Entitlements
from the District shall be reviewed at the first CUP consistency review by
the Director of Community Development.
Suretv for Rouah Gradin
47. A rough grading permit shall not be approved until' >> e : 1)-a�- eaf *Y
grading aqLaeemeat !B appreved and signed by the G"y"96 ........ The
City Engineer and the Director of Community Development approve the
acceptance of a Performance Bond to guarantee implementation of the
erosion control plan and completion of the rough grading, construction of
"C" Street and all related improvements including landscaping, construction
of Walnut Canyon Road and Grimes Canyon Road improvements including
required off -site improvements, construction of potable and reclaimed
water line extensions and two water tanks, construction of sewer line
extensions, construction of all required drainage improvements, and
implementation and maintenance of habitat restoration (as required by the
mitigation monitoring program)id Plese 1 fsf�1
in the -ease e€ €aller -e
Geevaeil may- by-- reselto- lee- deelare the se•Fety fer felted- .—Upon completion
of rough grading and erosion control plan compliance to the satisfaction
of the City, and following recordation of all phases of the Final Vesting
Map, the City Council may reduce the amount of the bond; however, the bond
must be kept in full force and effect for a minimum of one year following
rough grading to ensure adequate erosion control and revegetation.`:�`:ee
Surety for se en B rceb::':Maintenance Area Improvements
48. No Zoning Clearance shall be issued for grading or other construction
activities until all "C" Street Gemmee Maintenance Area improvements
specified in the conditions of approval for this permit and Vesting
Tentative Map No. 4928 have been provided or the Director of Community
Development approves the acceptance of a Performance Bond to guarantee the
construction, installation, and maintenance of "C" Street Gemmee
Maintenance Area improvements including, but not limited to perimeter
tract walls (including stucco treatment), fences, median and parkway
landscaping, slope planting, irrigation, and other landscape improvements.
Required improvements shall be completed prior to the first golf course
occupancy approval. In case of failure to comply with any term or
provision of this condition, the City Council may by resolution declare
the surety forfeited. Upon completion of the required improvements to the
satisfaction of the City, the City Council may reduce the amount of the
bond; however, the bond must be kept in full force and effect for one year
after the last golf course occupancy to guarantee that items such as, but
not limited to, perimeter tract walls, including stucco treatment,
landscaping, fences, slope planting or other landscape improvements are
maintained.
12
CONDITIONAL USE PERMIT NO. CUP -94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORPORATION
April 17, 1996
Surety Required for Occupancy Prior to Completion of all Golf Course Improvements
49. No initiation of golf course operations for either golf course shall be
approved until all required golf course improvements specified in this
permit have been completed or the City Engineer and Director of Community
Development approve the provision of a faithful performance bond. Said
improvements shall be completed within 120 days of issuance of the
occupancy approval. In case of failure to comply with any term or
provision of the bond agreement, the City Council may by resolution
declare the surety forfeited. Upon completion of the required
improvements to the satisfaction of the City Engineer and Director of
Community Development, the surety may be exonerated by action of the City
Council.
Biological Resource Preservation
50. The existing on -site Valley Needle Grassland habitat shall be preserved
within the golf course '.,.....,. 7id3 :-r-a�
9 ? ............................
:::::::::. •::::::.. .... :..•:::.
pr-iev to the fi:Lcst .,..,. l F 'Y :::::::::::::::. �.:.:..:.............�. Of
up te a tetal of 3 9 &eEeB of the Valley Needle Grassland ham-b-itat shall be
gr6yided with-in e-ne eLa Fee Ne pr- eteeteda1-panO� @lQtie • tha eaeti iiie8
and
shall be maintained by the golf course operator(s).
51. Prior to rough grading permit approval, the project site plan shall be
modified to clearly identify areas of dedicated open space within which
native habitats shall be retained or restored. Approximately 2 acres of
lot No. 217 shall be set aside for native habitat restoration. The
restoration shall occur prior to occupancy approval for either golf
course. Any other proposed uses for lot 217 shall require a CUP
Modification approval as specified in Condition No. 6. A condition of
approval for Vesting Tentative Map No. 4928 requires an irrevocable offer
of dedication of lot 217 to the City for public purposes.
52. Prior to issuance of building permits for golf course construction, the
Applicant /Developer shall fund a $60,000 Venturan Coastal Sage Scrub
Community research program to be managed by the City. The purposes of
this program shall be to accurately map the remaining distribution of this
community, to study its soil requirements, plant ecology, and wildlife
associations, to provide management advice on the community for agencies
and private individuals, to raise funds for the purpose of acquiring lands
where remnant stands of the community exist, and to provide guidance
about restoration or propagation of the community. The research program
shall include a study of the ecological issues related to the management
of the community. Provision must be made for disseminating the results of
the study. Research programs shall be performed only by qualified
professional botanists, wildlife biologists, or other relevant researchers
as determined by the Director of Community Development.
53. Prior to the issuance of building permits for the golf courses, the
Applicant /Developer shall fund a $30,000 sensitive species research
program to be managed by the City. The purposes of this program shall be
to study how best to assist in providing adequate marginalized habitats in
areas of urban encroachment for sensitive species that are predicted to
occur within the Moorpark Country Club Estates property and surrounding
area. The program shall include an updated inventory of sensitive species
occurring in the Moorpark area. Recommendations shall be made to provide
modifications to the Moorpark General Plan Open Space, Conservation, and
Recreation Element to improve the accuracy of the existing inventory of
native fauna. Management suggestions designed to permit at least the
marginal survival of native wildlife shall be provided. The study shall
also provide management advice on native fauna for agencies and private
13
CONDITIONAL USE PERMIT NO. CUP -94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORPORATION
April 17, 1996
individuals. Provision must be made for disseminating the results of the
study. Research programs shall be performed only by qualified
professional botanists, wildlife biologists, or other relevant researchers
as determined by the Director of Community Development.
54. Native plants shall be used in the restoration of areas disturbed by the
construction of the project. The City shall monitor the use of native
plants through the review and approval of all project landscape plans.
55. Prior to issuance of grading or building permits for either golf course,
the City shall verify that provisions are included in the golf course
construction and landscaping plans for the creation of two artificial
freshwater springs, which shall be established along the western Gabbert
Canyon Creek riparian corridor. The location of these artificial springs
shall be designated by a qualified vertebrate biologist and botanist,
retained by the City at the Applicant /Developer's expense. These
artificial springs shall be maintained to provide year round flows of
appropriate water volumes (similar to existing springs in the region).
The created spring systems shall be designed to reproduce the conditions
present at the existing natural springs in the region. The springs shall
be appropriately revegetated with native plants (Typha sp., Scirpis sp.,
and Salix sp.) and other stream side plants common in the region. The
springs shall not be developed within 500 feet of any proposed trail
system.
56. Prior to the issuance of grading or building permits for the golf course
facilities, the City shall verify that provisions are included in the
construction and landscaping plans for the restoration of riparian canopy
within an area occupying a minimum of 10 acres of woodland riparian
habitat. The landscape plan and subsequent monitoring shall require the
successful establishment of the following species and plant quantities:
Species Quantity:
Alnus rhombifolia (Alder)
Acer negundo Subsp. (Box Elder)
Platanus racemosa (Sycamore)
Salix lasiolepis (Arroyo Willow)
Sambucus mexicana (Elderberry)
Juglans californicus (Walnut)
Quercus agrifolia (Live Oak)
15
10
40
40
20
20
30
Trees shall, at a minimum, be 5 gallon container specimens (except for
willows, which shall be 1 gallon container specimens) or bare root at the
time of planting with a height of 7 feet from the root crown to the top
branch. The restoration program in drier areas shall be coordinated with
the establishment of artificial springs (required by preceding condition).
A long term supply of fresh (or reclaimed) water shall be provided to
assure the perpetuity of the plants. Adequate root guard protection shall
be provided to reduce mortality from rodent activity. All mature riparian
species trees identified in the tree report for the project shall be
preserved.
Buffer Zone
57. A buffer zone approximately 25 feet wide, measured from the top of the
bank, shall be maintained adjacent to each side of all protected drainages
identified in the Certified Final Environmental Impact Report Biological
Constraints Map. This buffer is designed to protect these areas from
impacts resulting from the proximity of project - related activities. This
buffer shall be subject to the following policies:
14
CONDITIONAL USE PERMIT NO. CUP -94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORPORATION
April 17, 1996
a. The exact location of this buffer zone shall be determined by the
Community Development Director in consultation with an independent
biologist.
b. This buffer zone shall be identified and staked to the satisfaction
of the Director prior to grading operations.
C. No physical alterations other than revegetation shall be allowed
within this buffer zone unless an independent biologist, approved by
the City and funded by the Applicant /Developer, has certified that
such work would not damage the integrity of the buffer. Prohibited
activities generally include: grading, cut, fill, clearing,
landscaping, storage of equipment and materials, vehicular parking
and irrigation (except for the establishment of native plants).
Required flood - control improvements and bank protection are exempt
from this requirement.
Mature Tree Protection Requirements
58. This project shall not initially remove any mature tree protected under
the City Tree Protection Ordinance. Damage or removal of any protected
tree by this project shall be subject to the provisions of the Tree
Protection Ordinance:
a. No grading or other activity (e.g., equipment and material storage,
parking, etc.) shall occur within the driplines on protected trees.
To ensure this, temporary protective fencing shall be installed at
least one foot outside the dripline of every such tree prior to
grading.
b. Grading and other activities may occur between the dripline and 10
feet beyond the dripline of every protected tree only if the project
appointed City Arborist first conducts a field survey of the
situation and certifies to the City that the protected tree will not
be damaged by the proposed activity. In addition the Arborist shall
monitor these activities while they occur to ensure that the
protected tree is not damaged.
C. Prior to grading, the grade subject to review by the Arborist shall
be staked and otherwise marked as off - limits for activities not
previously approved by the Arborist. Also, the off -limit areas
shall show on the approved grading plan with notes to the grading
contractor on the face sheet of the approved grading plans.
d. Prior to grading, the Arborist shall tag and evaluate the health of
every protected tree on the site, and develop a program of
treatments to ensure the long -term health and survival of the trees.
The results of this study shall be approved by the Community
Development Director prior to start of grading or land clearing of
any kind.
On -Site Tree Nursery to Auament Reaionallv Depleted Oak Woodlands and Other
Habitats
59. An on -site tree nursery shall be developed and maintained within the golf
course area to propagate plant species for use on site. The Community
Development Director shall approve the location of this nursery. The
nursery operational plan shall be approved prior to occupancy approval for
the first golf course. Plants shall be distributed to the public on an
annual arbor day, or at the Director of Community Development's discretion.
At a minimum, 100 oak seedlings (5 gallon or larger) and 100 other native
broad leaf trees (5 gallon or bare root) shall be made available annually
15
CONDITIONAL USE PERMIT NO. CUP -94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORPORATION
April 17, 1996
free of charge to the public. Such events shall be advertised by the golf
course operators.
Integrated Golf Course Management (IGCM) Plan
60. Prior to rough grading per[pit approval, the Applicant /Developer shall
prepare and submit to the City for review and approval an Integrated Golf
Course Management (IGCM) Plan to address water quality impacts of the
golf courses' ev prep&-rat-Jen of the IGGK Plan may be dis-f ..,-ye-a to pEWE to
The intent of
this requirement is that the permanent drainage plan shall be designed to
be in conformance with the IGCM Plan. The management practices
recommended in the IGCM Plan shall be the governing document for the long
term maintenance of water quality associated with development of the
project. The City shall periodically monitor adherence to the
requirements and management guidelines contained in the Plan. The Plan
should require periodic analysis of the nutrients in the reclaimed water
and the nutrient and moisture requirements of the grass and other
landscaping within the golf courses.
The plan shall be developed, at the Applicant /Developer's expense, by
experts in golf course design, surface water and groundwater hydrology,
turf management, mechanical, and biological controls, arborists, and
experts in native California plants. In addition, the City may, at its
sole discretion and at the Applicant /Developer's expense, use City staff
or outside consultants to review the plan. These costs shall be included
in the maximum annual monitoring cost specified in the Project Mitigation
Monitoring Program.
The Plan shall require that each golf course operator incorporates the
following basic management practices into golf course operations:
a. Testing of soils and turf conditions at regular intervals. This
will provide information to determine the application rates for
non - potable water, fertilizers and pesticides so that the following
can be accomplished:
b. Nutrient levels between those received from the reclaimed water
irrigation and those applied by the golf course staff can be
balanced.
C. Pesticides can be applied only when necessary to cure a problem, and
in positively identified pre- emergent situations, not as a
preventative measure.
d. Fertilizers in either slow - release forms or in light, frequent
application of soluble forms can be applied to improve nutrient
recovery.
e. Constructing golf course areas (tee boxes, landing areas, greens,
etc.) to collect and drain irrigation /storm water runoff to
on- project first flush basins.
f. Reusing collected irrigation water.
g. Using computer controlled irrigation systems with ground moisture
sensors to control irrigation rates and levels to match soil
moisture and infiltration rates.
h. Using wetting agents to aid infiltration and reduce runoff.
16
CONDITIONAL USE PERMIT NO. CUP -94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORPORATION
April 17, 1996
i. Using wells in the area to monitor groundwater quality. A testing
program, implemented as part of the county -wide Storm Water and
Groundwater Monitoring Program, will establish a benchmark
composition of existing groundwater. Water quality will then be
measured on a yearly basis for the first five years of golf course
operation.
j. Late evening application of pesticides;
k. Use of biological controls for insects (such as installing swallow
and bat boxes on the golf course);
1. Use of insect resistant cultivers;
M. Development of thresholds to determine when pesticide use would be
appropriate;
n. If 2, 4 -D is used, it should be as a sodium salt (which is less
toxic to nontarget organisms).
61. The IGCM Plan shall also be consistent with the following additional
requirements:
a. The use of chemicals for golf course management shall be permitted
in conjunction with natural systems of turf management. Natural
methods of biological control include selection of plant materials
to minimize the need for chemicals (e.g., insect and disease
resistant plant species, use of plant species which inhibit plant
growth under their driplines, etc.).
b. Use of mechanical techniques where possible (e.g. manually removing
weeds, rather than using herbicides; installation of "gopher
barriers" (i.e., underground wire mesh) around tees and greens to
discourage gophers in sensitive areas; use of traps rather than
chemical pesticides to control animal pests, and aeration /filtration
of standing water.
C. Use of biological control techniques where possible (e.g. use of
frogs for mosquito larva control, etc.).
62. The use of irrigation water on site shall be minimized where possible
using techniques such as:
a. Time water irrigation to avoid hot periods of the day (i.e., to
avoid excess evaporation), or early night (i.e., to avoid plants
being wet throughout the night and thus potentially being more
susceptible to diseases).
b. Extensive monitoring and recording of soil moisture, and daily
evapo- transpiration rates to maximize irrigation efficiency.
C. Establish deep moisture in the soils, avoiding evaporation and
encouraging deep root growth.
d. Low permeability membranes and /or clay shall be installed under all
lakes to prevent loss of irrigation volume.
e. Procedures shall be developed to monitor turf maintenance, including
anticipated irrigation rates and schedules, and shall be designed to
reduce or eliminate the amount of irrigation run -off.
17
CONDITIONAL USE PERMIT NO. CUP -94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORPORATION
April 17, 1996
63. When chemicals are used they should be selected to the extent possible for
the following characteristics:
a. Application of chemicals at the proper time of day to maximize plant
uptake and minimize runoff or underground migration (e.g., avoid
spraying when very hot, before rainstorms, etc.).
b. They should be specific to the target species (e.g., sex pheromones
to trap insects) rather than be broad spectrum pesticides.
C. They should not utilize long - lasting residuals compounds.
d. They should not readily evaporate any dangerous compounds or readily
migrate through groundwater.
e. Procedures shall be developed to record and monitor the use of
chemicals, including the type, application rates, and frequency of
use, and methods of handling and storage.
64. A program shall be developed to monitor on -site and off -site surface and
ground water quality to be reviewed by the City and by the County Public
Works Agency.
65. The most recent applicable Environmental Protection Agency stormwater and
NPDES regulations shall apply to this project.
66. All runoff from man made im rvious surfaces such as parking lots shall be
filtered through grease /il traps before discharge into drainage
facilities leading offsite to minimize surface runoff of potential water
contaminants. The contents of the traps shall be disposed per local and
State regulations.
67. In the event that significant ground water or surface water contamination
from the project is found to occur by either the County of Ventura or the
Regional Water Quality Control Board, the Applicant /Developer or golf
course operator shall take whatever steps are deemed necessary by the
identifying agency to remove contamination and prevent future impacts.
68. To the degree feasible (given elevation differences in the course design),
drains placed under greens, tees, and fairways shall be directed into the
on -site lakes. Collected water could be recycled for irrigation use. In
areas where drainage to lakes is not possible, the use of impermeable
membranes and other water quality protection features shall be considered
for incorporation into the course design.
69. Measures to reduce water consumption throughout the golf course operation
shall be incorporated into the irrigation plan for the project. The
measures shall include, at a minimum:
a. Use of drought tolerant turf and other plant materials.
b. Use of drip irrigation systems for plants and other low water
irrigation systems for turf. A proposed irrigation system includes
computerized controls, weather stations, and high -tech distribution
systems.
C. Installation of separate metering systems on the domestic and
irrigation supplies to monitor water used for each purpose.
d. Installation of low -flow plumbing fixtures in all buildings and /or
areas in the clubhouse locker rooms, rest areas and restaurant.
18
CONDITIONAL USE PERMIT NO. CUP -94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORPORATION
April 17, 1996
e. Installation of insulation on cold and hot water pipes to minimize
warming of cold water pipes and cooling of hot water pipes. Such
insulation can help conserve water by reducing unnecessary running
of water.
f. Integration of this plan with the Habitat Enhancement Plan.
70. The golf course landscaping and irrigation plans shall be prepared as a
component of the IGCM Plan. In addition to the previously identified
landscaping requirements, the IGCM Plan landscaping component shall
address the following goals and policies:
a. Drought tolerant plant materials shall be used as practical.
b. Plant species which would not attract deer to certain areas shall be
considered along the landscaped golf course perimeter.
C. A variety of California native plants shall be used as much as
Possible, with species native to or naturalized in the Moorpark
Region given preference in landscape planning.
d. If non - native species are used, they should be non - invasive
varieties.
e. Use of the on -site lakes or ponds for the encouragement of native
aquatic plants and amphibians.
f. The design and location of all golf course ponds and landscaping
plans shall be reviewed by a City approved biologist, at the
Applicant /Developer's expense to ensure that native habitats are
retained or restored as required by the approved Mitigation
Monitoring Program.
g. Habitat enhancement planning shall be coordinated with the
California Department of Fish and Game. A long -term maintenance
program for the native species shall include a regular monitoring
program.
h. Landscaping within 100 feet of residential properties shall be
consistent with the Fire Hazard Reduction Program prepared in
conjunction with Vesting Map No. 4928.
i. Policies and programs to reduce non - native plants, and encourage
native plants shall be included in the design of both golf courses
and associated clubhouse facilities. At a minimum, the following
program guidelines shall be included:
i. Removal of non - native plants.
ii. A maintenance program to ensure the long -term health and
viability of native plant and animal communities.
iii. Restrictions on the use of chemicals or pesticides which have
documented, detrimental, long -term effects on the biological
communities within oak woodlands, riparian areas, and lakes.
iv. Restrictions on any management practices to eliminate any
"pest" species which may live in the oak woodlands, riparian
areas or lakes, unless the Director of Community Development
first approves such practices. Such approvals should only be
19
CONDITIONAL USE PERMIT NO. CUP -94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORPORATION
April 17, 1996
granted in unusual situations such as threats to public
health.
71. A green waste recycling program shall be prepared as a component of the
IGCM Plan.
Cultural Resource Mitigation Plannin
72. A cultural resource monitoring program shall be instituted during the
initial vegetation clearance for the project. The Applicant /Developer
shall fund the cost for the City to hire an archaeologist to accomplish
this monitoring as a component of the EQAP mitigation monitoring. The
purpose of this monitoring program is to determine if any significant
deposits not identified during the Phase I survey exist within the project
boundary. The monitoring shall be limited to the initial vegetation
clearance phase of the rough grading program. If cultural deposits
meeting the significance criteria defined in CEQA Guidelines are
encountered, limited data recovery shall be conducted. The costs of this
data recovery shall be limited as defined in Appendices to CEQA
Guidelines. Chumash representatives shall be actively involved in the
monitoring and any subsequent phases of the project mitigation program.
Participation shall include monitoring of archaeological investigations,
construction monitoring, and data analysis.
Paleontological Data Recovery
73. Prior to issuance of a Rough Grading Permit, a Paleontological Mitigation
Plan, outlining procedures for paleontological data recovery, shall be
prepared and submitted to the Director of Community Development for review
and approval. The development and implementation of this Plan shall
include consultations with the Applicant /Developer's engineering
geologist. The monitoring and data recover work shall be performed by a
qualified paleontologist. The ApplicantlDeveloper shall fund the coat
for the City to hire a qualified paleontologist to accomplish this
monitoring as a component of the EQAP mitigation monitoring. The data
recovery should include periodic inspections of excavations and, if
necessary, fossil data recovery should be performed to recover exposed
fossil materials. The costs of this data recovery shall be limited to the
recovery of a reasonable sample of available material. The interpretation
of reasonableness shall rest with the Director of Community Development.
Signage Program
74. Prior to the issuance of an occupancy approval for the first golf course,
a comprehensive sign program for the entire golf course project shall be
submitted along with the construction plans for Director of Community
Development review and approval. The sign program shall be designed to
provide for a uniform on -site sign arrangement and design.
a. A maximum of 3 monument signs shall be permitted and located outside
of the public right of way near the following intersections: Grimes
Canyon Road and "C" Street, Walnut Canyon Road and "C" Street, and "C"
Street and the clubhouse area entry road. Monument signs shall not
exceed 30 square feet in area and shall be a maximum of 4 feet in
height.
b. Wall signs shall be permitted consistent with Zoning Code
requirements.
C. A sign permit is required for all signs.
ME
CONDITIONAL USE PERMIT NO. CUP -94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORPORATION
April 17, 1996
d. All proposed signs shall conform to the approved sign program, prior
to issuance of a sign permit by the Director of Community
Development or his designee.
Earthquake Design Requirements
75. The golf course clubhouses shall be designed according to the most recent
Uniform Building Code (UBC) requirements to accommodate structural impacts
from ground acceleration and maximum credible earthquake event.
Utility Room
76. A utility room with common access to all meters and a roof access ladder
shall be provided. No exterior access ladder of any kind shall be
permitted.
Utility Lines and Equipment
77. All proposed utility lines within and immediately adjacent to the project
site (as determined by the Director of Community Development) shall be
placed underground to the nearest off -site utility pole. All existing
utilities shall also be undergrounded to the nearest off -site utility pole
with the exception of 66 KV or larger power lines. Any above grade
utility equipment boxes shall be placed adjacent to landscaped areas and
screened on three sides.
Loading Area /Turning Radii
78. The required loading area and turning radii shall be depicted on the plot
plan. A 45 foot turning radius shall be provided for loading zones
consistent with the AASHO WB -50 design vehicle.
Downspouts
79. No exposed exterior downspouts shall be permitted on the clubhouse
buildings.
Roof Mounted Equipment
80. All roof mounted equipment (vents, stacks, blowers, air conditioning
equipment, etc.) should be screened by the parapet wall on all four sides.
Prior to the issuance of a Zoning Clearance, the location of any roof
mounted equipment and the final design of the roof equipment screening
shall be approved by the Director of Community Development. If the
parapet cannot be designed to screen all required roof equipment, a
separate roof screen shall be designed so as to be tall enough to block
all views of equipment and shall be maintained during the life of the
permit. The construction material shall match the color and material used
in the construction of the building. Colors, materials and building
appendages (such as mechanical equipment on the roof, etc.) of the
proposed building shall be compatible with adjacent development and
non - reflective in nature.
Exterior Ground Level Equipment
81. Any outdoor ground level equipment and storage (such as loading docks,
shelter docks, maintenance vehicle storage areas, etc.) shall be screened
from view by a masonry wall and landscaping, the design of which shall be
approved by the Director of Community development or his designee. The
wall shall be constructed of materials and colors consistent with the main
building.
21
CONDITIONAL USE PERMIT NO. CUP -94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORPORATION
April 17, 1996
Buildina Materials and Colors
82. All exterior building materials and paint colors shall be approved by the
Director of Community Development to ensure compatibility with adjacent
development and consistency with conceptual approved plans.
Skylights
83. If skylights are proposed, the specific type and model must be approved by
the Director of Community Development to ensure that they shall be of an
opaque type to minimize evening illumination as viewed from the exterior.
Noise Generation Sources
84. All roof mounted equipment and other noise generation sources on -site
shall be attenuated to 55 dBA at the property line, or to the ambient
noise level at the property line measured at the time of the occupant
request. Prior to the issuance of a zoning clearance for initial
occupancy or any subsequent occupancy, the Director of Community
Development may request that a noise study be submitted for review and
approval which demonstrates that all on -site noise generation sources
would be mitigated to the required level. The noise study must be
prepared by a licensed acoustical engineer in accordance with accepted
engineering standards.
Parking Requirements
85. The parking areas for both golf courses shall be constructed consistent
with Zoning Code requirements for space size and landscaping. A
parking/ striping plan shall be submitted to the Community Development
Director for review and approval in conjunction with Zoning Clearance
review. The striping for parking spaces and loading bays shall be
maintained so that it remains clearly visible. All parking areas shall be
surfaced with asphalt or concrete and shall include adequate provisions
for drainage, striping and appropriate wheel blocks, curbs, or posts in
parking areas adjacent to landscaped areas. All entrance /exit driveways
shall be a minimum of 30 feet in width, with a minimum aisle width of 25
feet. No overnight parking of any semi- trucks or truck trailers shall be
permitted.
A minimum of 263 parking spaces are required as the cumulative total
number of parking spaces for both golf courses. The following are
specific parking area requirements for the two golf courses:
a. East Golf Course (Lot No. 218): A minimum of 61 spaces wed
3s> tvt3 for the East golf course based on a 1,940
..........::::.:. 9
square foot liuldrig and an 18 hole golf course) ° ^-' net Famwe }'' °^
SO pereent e€ the parking requirement eaa be ----..__: ded a ff __`_
y.; €*-:h }s 69A €eeb. If a —gertl 9-1 the East of € - eurmse parakieg
a} the Parking 1 l exist
r te- r r
as —leeg as the use it seEveB y unless the pat-king ^, - ed with
ether spaeee. A reciprocal access easement shall alse be recorded
prior to occupancy approval of either golf course, to ensure that
the clubhouse access road and parking areas serve both courses.
b. West Golf Course (Lot No. 220): Consistent with the approved West
golf course plans (includes 20,400 square feet of clubhouse
facilities, an 18 -hole golf course, and 40 driving range
spaces /tees), a minimum of Q-34 2< parking spaces shall be provided
4i ise4sdieg- -3A spaces €e'i "4he Easy gel€ eeerse, seless i�e�e
22
CONDITIONAL USE PERMIT NO. CUP -94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORPORATION
April 17, 1996
spaGes gyp tQ h" pre %x ded °^ }w; ^ I ^} NQ - 330 One loading zone is
also required, a minimum of 12 feet wide by 40 feet long.
Enforcement of Vehicle Codes
86. Prior to occupancy of either golf course, the Applicant /Developer shall
request the City to enforce appropriate vehicle codes on the golf course
properties as permitted by Vehicle Code Section 21107.7.
Franchise Hauler Usage Form
87. Prior to issuance of a Zoning Clearance for Occupancy, the Franchise
Hauler Usage Form must be submitted by the Applicant /Developer to the
Community Development Department. The Moorpark Municipal Code Section
8.36.080 requires that only the City's franchised or permitted haulers
provide residential, commercial, and temporary drop box /bin solid waste
collection services.
Rubbish and Recycling Disposal Areas
88. Rubbish and recycling disposal areas shall be depicted on the final
construction plans. The number and size of the bins required, and the
space allocation for areas of disposal with enclosures shall be approved
by the Director of Community Development and the City employee responsible
for recycling /solid waste management programs.
a. Rubbish disposal areas for each golf course shall include adequate,
accessible and convenient areas for collecting and loading
recyclable materials, including green waste recycling. The
dimensions of the recycling area shall accommodate containers
consistent with current methods of collection in the area in which
the project is located.
b. Adequate number of bins or containers shall be provided to allow for
the collection and loading of recyclable materials generated by the
development.
C. The design of the refuse disposal areas shall be compatible in
design with the development and the surrounding area.
d. Disposal areas shall be protected from weather conditions which
might render collected recyclable materials unmarketable.
e. Driveways or travel aisles shall provide unobstructed access for
collection vehicles and personnel, and provide the minimum vertical
clearance of 30 feet, or other specified clearance required by the
collection methods and vehicles utilized by the hauler.
f. A sign, approved by the Director of Community Development, clearly
identifying all recycling and solid waste collection and loading
areas, and the materials accepted therein shall be posted adjacent
to all points of access to the recycling areas.
g. Refuse disposal areas shall not be located in any area required by
the Municipal Code to be constructed or maintained as unencumbered,
according to fire and other applicable building and /or public safety
laws.
h. Recycling area (s) shall be located so they are convenient and
adjacent to regular refuse collection areas.
23
CONDITIONAL USE PERMIT NO. CUP -94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORPORATION
April 17, 1996
i. Enclosures: the design of the refuse enclosure shall be subject to
the approval of the Director of Community Development, prior to the
issuance of a zoning clearance:
i. All rubbish disposal areas shall be screened with a six foot
high, solid wall enclosure with metal gates. Pipe guards
shall be eliminated around typical rubbish bin enclosures.
ii. In cases where space for 2 three cubic yard bins is required
(107" x 84 or 168" x 53.511), the opening of any bin enclosure
must be at least 84 inches (the size of a three cubic yard
bin). This requirement applies to the amount of space exposed
when the gate is fully opened.
iii. Each refuse recycling enclosure shall have gates and should be
designed with cane bolts to secure the gates when in the open
Position.
iv. Space allocation for rubbish and recycling enclosures shall be
designed in a manner that complies with the equal access
requirements of Title 24 of the Americans with Disabilities
Act.
Liahtina Restrictions
89. For all exterior lighting, a lighting plan shall be prepared by an
electrical engineer registered in the State of California and submitted to
the Department of Community Development for review and approval prior to
Zoning Clearance for the first golf course. The lighting plan shall
achieve the following objectives: Avoid interferences with reasonable use
of adjoining properties; minimize on -site and off -site glare; provide
adequate on -site lighting; limit electroliers height to avoid excessive
illumination; provide structures which are compatible with the total
design of the proposed facilities and minimize energy consumption. The
lighting plan shall include the following:
a. A photometric plan showing a point -by -point foot candle layout to
extend a minimum of twenty (20) feet outside the parking lot and
clubhouse boundaries. The layout plan is to be based on a ten (10)
foot grid center. Down lighting and accent landscape and building
lighting shall be employed throughout the project. Entrance
lighting along project access roads shall be compatible with the
surrounding rural neighborhood.
b. Maximum overall height of fixtures in the parking lots shall not
exceed twenty (20) feet, unless otherwise approved by the Community
Development Director. Driving range lighting may exceed 20 feet in
height if evidence is presented to the Director of Community
Development pertaining to the required height and adequate screening
to minimize light and glare impacts.
C. Fixtures must possess sharp cut -off qualities with a maximum of one
foot candle illumination at property lines.
d. There shall be no more than a seven -to -one (7:1) ratio level of
illumination shown (maximum -to- minimum ratio between lighting
standards).
e. Energy efficient lighting fixtures shall be provided which are
compatible with adjacent properties.
24
CONDITIONAL USE PERMIT NO. CUP -94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORPORATION
April 17, 1996
f. A minimum of one, and a maximum of two foot candle illumination with
a 1.5 foot candle average, or as otherwise approved by the Director
of Community Development to satisfy concerns of the Police
Department for clubhouse exterior door illumination.
g. No light shall be emitted above the 90 degree or horizontal plane.
No direct light source shall be visible from the street or adjacent
properties.
h. All exterior lighting shall be shielded and directed downward to
avoid light and glare on neighboring properties.
i. Lighting devices shall be high enough to prohibit tampering by
anyone on the ground, unless tamper -proof fixtures are approved by
the Director of Community Development. All parking areas shall be
provided with a lighting system capable of illuminating the parking
surface with a minimum maintained 1 -foot candle of light and shall
be designed to minimize the spillage of light onto adjacent
properties. All exterior lighting devices shall be protected by
weather and breakage resistant covers.
Odors
90. No noxious odors shall be generated from any use on the subject site.
Hours of Operation for Clubhouse, Bar, Snack Shop, Restaurant /Bancruet Rooms, Golf
Course and Driving Range and Lighting Restrictions
91. The permitted hours of golf course operation shall be seven days a week,
approximately from sunrise to sunset. Use of the golf course driving
range shall be limited to hours between sunrise and 9:00 p.m. Driving
range lights shall, without exception, be shut down by 9:15 p.m. No night
lighting shall be permitted along the golf courses; golf courses will be
for daylight play only. Snack bar operations shall be limited to from
sunrise to 9 p.m. The restaurant, banquet rooms, and related clubhouse
facility operations shall be limited to the hours between 6:00 a.m. and
2:00 a.m. Alcoholic beverage service and bar operations shall be
restricted to the hours between 10 a.m. and 2 a.m. The Police Department
conditions should be referenced for further restrictions related to
alcohol sales.
Environmental Health Approval for Food Preparation
92. Prior to occupancy approval for any food preparation or other restaurant
related operation in the clubhouse for either golf course, the operator
shall obtain any required permit or approval from the County Environmental
Health Department.
Graffiti Removal
93. Any graffiti on golf course property shall be removed within five (5) days
from written notification by the City of Moorpark. All such graffiti
removal shall be completed to the satisfaction of the City.
State Department of Fish and Game Notice of Determination Filing Fee
94. Within two days after the City Council adoption of a resolution approving
General Plan Amendment No. 94 -1, Vesting Tentative Map No. 4928, RPD
Permit No. 94 -1, and CUP No. 94 -1, the applicant shall submit to the City
of Moorpark a check for $875.00, payable to the County of Ventura, to
comply with Assembly Bill 3158, for the management and protection of
statewide fish and wildlife trust resources. Pursuant to Public Resources
25
CONDITIONAL USE PERMIT NO. CUP -94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORPORATION
April 17, 1996
Code section 21089 (b) and Fish and Game Code section 711.4 (c), the
project is not operative, vested or final until the filing fees are paid.
II. CITY ENGINEER CONDITIONS
PRIOR TO ISSUANCE OF A GRADING PZZaKrT BUR ROUGH GRADING, THE PIDLLOKING CONDITIONS
SHALL BE SATISFIED:
General Requirements
95. The Applicant /Developer shall have received City Council approval for all
phases of Final Map 4928 and the phased grading exhibit and schedule.
96. The final design for the project entrance(s) shall be reviewed and
approved by the Director of Community Development and City Engineer.
PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR EITHER GOLF COURSE, THE I
FOLLOWING CONDITIONS SHALL BE SATISFIED:
.................................................. ...............................
97. Prior to [ >apr*asl[<? »ei[ >plaa
: j; :i :: the subdivider shall pay to" tfie 'City 'the Iios
Angeles Avenue Area of Contribution (AOC) Fee for the golf courses, which \
shall be calculated based on a 9.18 -acre commercial site, at the rate of
5.6 times the residential rate per acre, and the residential rate per acre
shall be the
dollar.yyamount
.. i.n .. e.:..f..f..
e.
ct at the time
ti QAyio ;Fho. .7 F $, Y::3.; ,;3Z:.
.................................................. ...............................
98. Prior to c;-ret of ;}her al ` A VVN� >>
,. ,...., r„�
!'#:.:;:. the subdivider shall pay to the City the
Gabbert /Casey Road Area of Contribution (AOC) Fee for the golf courses,
which shall be calculated based on a 9.18 -acre commercial site, at the
rate of 5.6 times the residential rate per acre, and the residential rate
per acre shall be the dollar amount in effect at the time of €i *st
99. All habitable structures shall have been designed according to the most
recent UBC requirements to accommodate structural impacts from ground
acceleration and a maximum credible earthquake event.
Federal Emergency Management Agency (FEMA) Map
100. City Ordinance No. 100 and the Federal Emergency Management Agency (FEMA),
require updating of the National Flood Insurance Program maps for affected
areas whenever any alteration of the watercourse is made. If a FIRM map
revision is necessary, all materials required by FEMA for a map revision
shall be provided to the City Engineer's office. This material will
demonstrate the revised flood plain locations following development. This
information will be forwarded by the City Engineer to the FEMA for review
and updating of the National Flood Insurance Program maps. If updates to
the flood zone have been made a conditional letter of map revision shall
be provided to the City prior to issuance of a zone clearance for
occupancy of the first residential unit. The subdivider will be
responsible for all costs charged by the FEMA and the City's
administrative costs.
Street Improvements:
Walnut Canyon Road:
26
CONDITIONAL USE PERMIT NO. CUP -94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORPORATION
April 17, 1996
101. Prior to occupancy of the first golf course of Tract 4928, the developer
shall have improved Walnut Canyon Road per Ventura County Standard Plate
B -7B and as shown on sheet 3 -9 4 of approved Vesting Tentative Tract
4928.
102. The improvements on Walnut Canyon Road shall provide a 13 foot northbound
through lane, 12 foot northbound left turn lane, 12 foot southbound right
turn lane, 13 foot southbound through lane, 12 foot south bound
acceleration lane (south of the "C" street intersection) with 10 foot paved
shoulders on each side consistent with Sheet 3 ef4 of the approved
Vesting Tentative Map No. 4928.
103. The primary project collector street intersection with Walnut Canyon Road
(State Route 23) and Walnut Canyon Road improvements shall be designed in
consultation with the City and Caltrans to assure that acceptable turning
radii, lane widths, shoulders, lane tapers, and adequate acceleration and
deceleration improvements are constructed and adequate sight distance is
provided. Modifications to State Route 23, as required by Caltrans, shall
be constructed prior to issuance of permits for the first residential
dwelling unit or golf course facility occupancy permit. An encroachment
permit shall be obtained from Caltrans prior to construction of any
proposed roadway improvements. Any additional right -of -way required to
implement the Caltrans approved design for this entrance intersection
shall be acquired by the subdivider and dedicated to the State in a manner
acceptable to Caltrans. Entry monumentation that does not interfere with
Bight-distance or turning movements shall be incorporated into the project
entrance planning. Landscaping shall be provided appropriate to the entry
that will not interfere with sight- distance or turning movement
operations.
104. The final design for the Walnut Canyon project entrance shall be reviewed
and approved by the Director of Community Development and City Engineer
prior to the issuance of a rough grading permit.
Grimes Canyon Road:
105. Prior to occupancy of the first golf course of Tract 4928, construction
modifications to Grimes Canyon Road and the Grimes Canyon Road / "C" street
intersection are required to be completed per Ventura County Standard
Plate B -7B and per sheet 3 9f 4 of approved Vesting Tentative Tract 4928.
The (60 foot ROW) shall be widened as necessary to construct: a dedicated
12 foot southbound left, 13 foot northbound right turn lane, and 16 foot
through lane for the project entrance with "C" street, and 10 foot wide
paved shoulders.
106. Prior to occupancy of the first golf course of Tract 4928, the
intersection improvements to the Grimes Canyon Road and the Grimes
Canyon /Highway 118 (Los Angeles Avenue) intersection shall be completed.
The existing improvements shall be modified to provide a southbound left
turn pocket on Grimes Canyon Road and westbound right turn lane on LOB
Angeles Avenue. Modifications shall also be made at the railroad crossing
adjacent to this intersection to improve the safety of this location. In
addition, as required by Caltrans, a median acceleration lane shall be
provided for southbound traffic turning eastbound along State Route 118.
Plans for modification of the Los Angeles Avenue (State Route 118) /Grimes
Canyon Road intersection, shall be reviewed and approved by the City and
Caltrans. Plans for modification of the railroad crossing shall be
reviewed and approved by the Southern Pacific Railroad and the City. A
sight distance study shall also be conducted as part of the intersection
and railroad crossing modifications.
27
CONDITIONAL USE PERMIT NO. CUP -94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORPORATION
April 17, 1996
Interior Streets:
107. Prior to issuance of a certificate of occupancy for the first golf course
of Tract 4928, "C" Street shall be completed. "C" Street shall be
constructed per Ventura County Standard Plate B -4A modified to have a
0 foot right of way and confi ured' *X7 k ; s ................ '�i
sixty ( 6 ) g y g r ........:;; :.::.
�tt3a.#�ti1ae�n.1., to provide the following cross section'
"eet4 ef ... 4 a €: a 'a�g eves tentativewiap:
sidewalk located within t- 13e— seuthesl
2 -eight ( 8 ) foot bikelanes _ ...... _ ...._._
2- twelve (12) foot travel lanes
1- fourteen (14) foot median at "C" Street Entranceways
Left Turn Pocket at all Cross - streets (not including three -way stop
at clubhouse entry drive)
A 3 -way stop sign shall be provided at the intersection of "C" Street and
the clubhouse entry drive. To avoid conflicts with traffic on "C" Street,
a tunnel, or similar underbridge accessway, shall be constructed under the
"C" Street bridge to enable connecting the 14th and the 15th holes for the
West golf course':'a«ji >## The tunnels shall be
g .:.:.:::. .:.::.:.:.::;.:.;:.;:.;.
constructed to specif,icatioris approved `by" ffb City Engineer.
Left turn storage lanes are required at all public and private
intersections on "C" Street. Adequate intersection right of way shall be
provided for constructing all left -turn pockets without decreasing other
lane width and parkway requirements.
Utilities
108. Utilities, facilities and services for the project area shall have been
extended and /or constructed, in conjunction with phased development of
the tract by the developer, as the project proceeds.
109. Installation of all electrical, natural gas, telephone and provision for
solid waste collection services and cable television to the Project Area
will be completed.
Solid waste collection will be provided consistent with applicable City
requirements. These services will be phased in conjunction with
development of the project area.
DURING CONSTRUCTION, 27M FOLLOWING 0DIVDITIONS SHALL APPLY:
110. Grading may occur during the rainy season from October 15 to April 15 if
approved by the City of Moorpark and subject to installation of debris and
erosion control facilities. Erosion control measures shall be in place
and functional between October 15th and April 15th. Along with the
erosion control measures, hydroseeding of all graded slopes shall be
required within 30 days of completion of grading.
28
C�
CONDITIONAL USE PERMIT NO. CUP -94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORPORATION
April 17, 1996
111. That prior to any work being conducted within the State, County, or City
right of way, the subdivider shall obtain all necessary encroachment
permits from the appropriate Agencies.
112. All unimproved areas with vehicle traffic shall be watered periodically
and the vehicle speed shall be limited to 15 mph.
113. During site preparation and construction, minimize disturbance of natural
groundcover on the project site until such activity is required for
grading and construction purposes.
114. During clearing, grading, earth moving or excavation operations, dust
emissions should be controlled by regular watering with reclaimed water,
if available, paving construction roads, and other dust prevention
measures. The Applicant /Developer shall submit a dust control plan,
acceptable to the City, concurrently with submittal of the rough (as
opposed to the fine) grading plan. This plan shall include, but is not be
limited to the following measures:
a. Water all site access roads and material excavated or graded on or
off -site to prevent excessive amounts of dust. Watering shall occur
a minimum of at least two times daily, preferably in the late morn-
ing and after the completion of work for the day. Additional
watering for dust control shall occur as directed by the City. The
Dust Control Plan shall indicate the number of water trucks which
will be available for dust control at each phase of grading, and
whether reclaimed water from Waterworks District No. 1 is available
for dust control.
b. Cease all clearing, grading, earth moving, or excavation operations
during periods of high winds (15 mph or greater in one hour). The
contractor shall maintain contact with the APCD meteorologist for
current information about average wind speeds.
C. Water or securely cover all material transported off -site and on-
site to prevent excessive amounts of dust.
d. Minimize the area disturbed at any one time by clearing, grading,
earth moving and excavation so as to prevent excessive amounts of
dust.
e. Keep all grading and construction equipment on or near the site,
until these activities are completed.
f. Wash off heavy -duty construction vehicles before they leave the
site.
g. Apply nonhazardous chemical stabilizers to all inactive portions of
the construction site. When appropriate, seed exposed surfaces with
a fast - growing, soil- binding plant to reduce wind erosion and its
contribution to local particulate levels.
h. Observe a 15 mile per hour speed limit for the construction area.
i. Periodically sweep public streets in the vicinity of the site to
remove silt (i.e., fine earth material transported from the site by
wind, vehicular activities, water runoff, etc.) which may have
accumulated from construction activities.
115. The Applicant /Developer shall that all employees involved
in grading operations on the project wear" face masks to reduce the
W,
CONDITIONAL USE PERMIT NO. CUP -94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORPORATION
April 17, 1996
inhalation of dust which may contain the fungus which causes San Joaquin
Valley Fever.
116. Maintain equipment engines in good condition and in proper tune as per
manufacturers' specifications to prevent excessive emissions.
117. All diesel engines used in construction equipments should use high
pressure injectors.
118. All diesel engines used in construction equipments shall use reformulated
diesel fuel.
119. During smog season (May - October) the City shall order that construction
cease during Stage III alerts to minimize the number of vehicles and
equipment operating, lower ozone levels and protect equipment operators
from excessive smog levels. The city, at its discretion, may also limit
construction during Stage II alerts.
120. During site preparation and construction, construct temporary storm water
diversion structures per City of Moorpark standards.
121. 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.
122. Immediately surrounding property owners shall be notified in writing on a
monthly basis of construction schedules involving major grading.
123. Construction activities shall be limited to between the following hours:
a) 7:00 a.m. and 7:00 p.m. Monday through Friday, and b) 9:00 a.m. to
6:00 p.m. Saturday. Construction work on Saturdays will require payment
of a premium for City inspection services, and may be further restricted
or prohibited should the City receive complaints from adjacent property
owners. No construction work is to be done on Sundays, pursuant to
Section 15.26.010 of the Municipal Code.
124. Truck noise from hauling operations shall be minimized through
establishing hauling routes which avoid residential areas and requiring
that "Jake Brakes" not be used along the haul route within the City. The
hauling plan must be identified as part of the grading plan and approved
by the City Engineer.
125. The Applicant /Developer shall ensure that construction equipment is fitted
with modern sound- reduction equipment.
126. Equipment not in use for more than ten minutes should be turned off.
127. The fuel injection grading of all diesel engines used in construction
equipment should be retarded two degrees from the manufacturer's
recommendation.
128. Construction grading shall be discontinued on days for first stage ozone
alerts (concentration of 0.20 ppm) as indicated at the Ventura County APCD
air quality monitoring station closest to the City of Moorpark. Grading
and excavation operations shall not resume until the first stage smog
alert expires.
129. If any hazardous waste is encountered during the construction of this
project, all work shall be immediately stopped and the Ventura County
Environmental Health Department, the Fire Department, the Sheriff's
Department, and the City Construction Observer shall be notified
30
CONDITIONAL USE PERMIT NO. CUP -94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORPORATION
April 17, 1996
immediately. Work shall not proceed until clearance has been issued by
all of these agencies.
130. The applicant shall utilize all prudent and reasonable measures (including
installation of a 6 -foot high chain link fence around the construction
sites or provision of a full time licensed security guard) to prevent
unauthorized persons from entering the work site at any time and to
protect the public from accidents and injury.
PRIOR TO ACCEPTANCE OF PUBLIC IMPROVMU NTS AND BOND EXONERATION, THE FOLLOWING
CONDITIONS SHALL BE SATISFIED:
131. Reproducible centerline tie sheets shall be submitted to the City
Engineer's office.
132. The Applicant /Developer shall file for a time extension with the City
Engineer's office at least six weeks in advance of expiration of the
agreement to construct required improvements. The fees required will be
in conformance with the applicable ordinance section.
133. A copy of the recorded Map(s) shall be forwarded to the City Engineer for
filing.
134. Sufficient surety in a form acceptable to the City guaranteeing the public
improvements pertinent to each phase shall be provided.
135. All surety guaranteeing the public improvements shall remain in place for
one year following acceptance by the City. Any surety bonds that are in
effect three years after final map approval or issuance of the first
building permit shall be increased an amount equal to of greater than the
consumers price index (Los Angeles /Long Beach SMSA) for a period since
original issuance of the surety and shall be increased in like manner each
year thereafter.
136. Original "as built" plans will be certified by the developer's civil
engineer and submitted with two sets of blue prints to the City Engineer's
office. Although grading plans may have been submitted for checking and
construction on sheets larger than 22" X 36 ", they must be resubmitted as
"as builts" in. series of 22" X 36" mylars (made with proper overlaps)
with a title block on each sheet. Submission of "as builts" plans is
required before a final inspection will be scheduled.
III. CITY OF MOORPARK POLICE DBPARTMRNT CONDITIONS
CONSTRUCTION SITE SECURITY DURING GRADING OPERATIONS AND DURING CONSTRUCTION:
137. A licensed security guard is required during the construction phase,
unless a 6 -foot high chain link fence is erected around the construction
site.
138. Construction equipment, tools, etc., shall be properly secured during non-
working hours.
139. All appliances (microwave ovens, dishwashers, trash compactors, etc.)
shall be properly secured prior to installation during non - working hours.
All serial numbers shall be recorded for identification purposes.
140. Contractors and sub - contractors shall contact the Moorpark Police
Department for "Tailgate" meetings regarding loss prevention on the work
site.
31
CONDITIONAL USE PERMIT NO. CUP -94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORPORATION
April 17, 1996
PRIOR TO ZONING Crrr.ARJLVCE/BUILDING PER1tIT:
141. Lighting plans showing the type and location of all lighting devices shall
be submitted to the Police Department for review and approval.
142. Parking lots shall have a minimum maintained one foot candle of lighting
at ground level. All lights shall be shielded to prevent light and glare
impacts to adjacent residents.
......................................... ...............................
143. All from the clubhouses shall
be provided with a minimum a n a ned- "fIve-"(5)' foot candles of light, or
other minimum as approved by the Director of Community Development after
consultation with the Chief of Police.
144. Lighting devices shall be protected against the elements and constructed
of vandal resistant materials.
145. Lighting devices shall be high enough so as to prevent anyone on the
ground from tampering with them.
146. Front door entrances shall be visible from the street or parking areas.
PRIOR TO ISSEMNCE OF AN OCCUPANCY PEM41T, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
Address
147. The address shall be clearly visible to approaching emergency vehicles, a
minimum of 6 inches in height, and illuminated during hours of darkness.
Security
148. The Applicant /Developer shall prepare and submit to the Community
Development Department Director for review and approval a security plan
for the clubhouse operations. This plan shall be oriented to reducing
potential service demands on police. The plan shall be approved prior to
the issuance of a Zoning Clearance for the clubhouse facilities.
149. An alarm system shall be installed for the clubhouse facilities and shall
be wired to all exterior doors and windows and to any roof vents or other
roof openings where access may be made.
150. Doors utilizing a cylinder lock shall have a minimum five (5) pintumbler
operation with the locking bar or bolt extending into the receiving guide
a minimum of 1 -inch deadbolt.
Operation Limitations for Bancruet Rooms Bar, and Restaurant
151. At any time that entertainment and /or dancing is to occur at the clubhouse
facilities, a minimum of one security guard, licensed by the State of
California and approved by the Police Department, shall be provided to
patrol the parking lot and clubhouse facilities. The security guard shall
maintain order and prevent any activity which would interfere with the
quiet enjoyment of adjacent residential properties.
152. No person under the age of 21 years shall sell, serve, package, or consume
alcoholic beverages.
153. No person who appears intoxicated shall be served alcoholic beverages.
32
CONDITIONAL USE PERMIT NO. CUP -94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORPORATION
April 17, 1996
IV. VEBITURA COUNTY FIRE PREVENTION DISTRICT CONDITIONS
Fire Hazard Reduction Program
154. Prior to issuance of a grading permit or Zoning Clearance for any building
permit, the Applicant /Developer shall retain a a registered landscape
architect, familiar with the objectives of fuel management in
wildland -urban interface, to prepare a Fire Hazard Reduction Program. This
program shall be prepared in consultation with the County Fire Protection
District and shall be approved by the Director of Community Development.
The program shall apply to the 100 - foot# €p#':non - buildable
............. ...............................
easement0 required by Vesting Tentative Map No:.4928......Thii landscape plan
for the 00 feet non - buildable easementA shall include native species.
a. The vegetation management requirements of the plan shall be clearly
defined. The golf course operators and Homeowners Associations
shall be responsible for implementing this program in perpetuity.
Fuel modification zones are proposed to be retained in as natural a
state as safety and fire regulations will permit.
b. The fuel modification zone shall be designed by and planted under
the supervision of a landscape architect with expertise in native
plant materials and habitat restoration, with the approval of the
Director of Community Development, to appear as a transition between
the built environment and natural open space.
C. Within the modification zone, native and non - native high -fuel
vegetation will be removed and replaced with low -fuel vegetation.
The height of plant materials will be kept to a minimum. Planting
requirements include a combination of trees, shrubs, and
groundcover. Irrigation will not be provided, except in established
wet zones, unless necessitated by the plant materials used.
d. The clubhouse buildings shall be designed to satisfy at least a one
hour fire - resistant rating. Such structures shall incorporate fire
retarding features including boxed -in eaves, reduced overhangs,
double -paned windows, convection resistant roof design,
non - combustible roofing material, and related design features.
Building permits shall not be issued until review of fire retarding
architectural features has been completed by the County Fire
Protection District.
155. During all grading and site clearance activities, earth moving equipment
shall be equipped with spark arrestors and at least two fire
extinguishers. All equipment used in the vegetation clearance phase shall
be equipped with spark arrestors and best available fire safety
technology. The vegetation clearance activities shall be coordinated with
and approved by the County Fire Prevention Division.
156. All equipment and material staging activities shall be coordinated with
the County Fire Prevention Division. Fire prone construction activities
shall be prohibited during "Santa Ana" wind conditions.
157. If deemed necessary by the District, prior to recordation of the first
phase of the Final Vesting Map, the project shall include a helispot and
associated fire suppression equipment storage.
158. All grass or brush exposing any structures shall be cleared for a distance
of 100 feet prior to framing.
33
CONDITIONAL USE PERMIT NO. CUP -94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORPORATION
April 17, 1996
159. An approved spark arrester shall be installed on all chimneys.
Road and Driveway Requirements
160. Complete circulation shall be provided for each phase of the development.
Each phase shall stand alone, meeting all requirements for access, without
depending on future development of neighboring phases to complete second
access or water requirements.
161. The collector road system proposed for the project shall be reviewed and
approved by the Ventura County Fire Protection District prior to issuance
of grading permits.
162. Access roads shall be installed with an all weather surface, suitable for
access by Fire Department apparatus. A minimum clear street width of 36
feet shall be provided.
163. A fire protection system or systems shall be installed for the golf course
buildings as required by the Fire Protection District.
164. Access roads shall not exceed 15 percent grade.
165. Approved turn around areas for fire apparatus shall be provided where the
access road is 150 feet or more from the main project collector.
166. Any gates to control vehicle access are to be located to allow a vehicle
waiting for entrance to be completely off the public roadway. The method
of gate control shall be subject to review by the Bureau of Fire
Prevention. A minimum clear open width of 15 feet in each direction shall
be provided. If gates are to be locked, a Knox System shall be installed.
167. Street name signs shall be installed in conjunction with the road
improvements. The type of sign shall be in accordance with Plate F -4 of
the Ventura County Road Standards.
168. All driveways shall have a minimum vertical clearance of 13 feet 6 inches.
Fire Hydrant /Fire Flow Requirements
169. Prior to construction, the Applicant /Developer shall submit plans to the
Ventura County Bureau of Fire Prevention Division for the approval of the
location of fire hydrants; all hydrants shall be shown on the plan that
are situated within 300 feet of the perimeter of the development.
170. A minimum fire flow of 1,000 gallons per minute at 20 psi shall be
provided. The location and capacity of all water storage and conveyance
facilities shall be reviewed and approved by the District prior to the
recordation of the Final Map and prior to the issuance of building
permits.
171. Fire hydrants shall be installed and in service prior to combustible
construction and shall conform to the minimum standards of the County
Water Works Manual. These standards specify:
a. Each hydrant shall be a 6 inch wet barrel design, and shall have one
4 inch and one 2 J inch outlet.
b. The required fire flow shall be achieved at no less than 20 psi
residual pressure.
34
CONDITIONAL USE PERMIT NO. CUP -94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORPORATION
April 17, 1996
c. Fire hydrants shall be spaced 300 feet on center, and so located
that no structure will be farther than 150 feet from any one
hydrant.
d. Fire hydrants shall be set back in from the curb face, 24 inches on
center.
California Administrative Code (Title 24- Section 2.1217 Requirements
172. Portions of this development may be in a hazardous fire area and
structures shall meet hazardous fire area building code requirements.
V. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITIONS
173. Prior to City approval of any grading permit for the project, the
Applicant /Developer and the District shall enter into a contract for the
relocation and /or modification of the existing wells on the property. The
relocation plan shall address well locations, provisions for drilling
additional wells if necessary (if existing wells are damaged during
construction), relocation of conveyance structures, and other matters of
mutual concern. A copy of the approved contract shall be submitted to the
City. The Applicant /Developer shall be responsible for complying with all
terms and conditions of the relocation contract.
174. Prior to issuance of a Zoning Clearance for golf course construction, the
proposed infrastructure plan for the project shall be designed to place
all required water, sewer, and reclaimed water conveyance facilities in
the Gabbert Canyon alignment. The Applicant /Developer shall obtain all
necessary right -of -way and easements to install the required
infrastructure in this alignment.
175. Prior to issuance of a Zoning Clearance for a building permit, the
applicant for service shall comply with the Ventura County Waterworks
District No. 1 "Rules and Regulations" and any subsequent additions or
revisions thereto. Ultra low plumbing fixtures are required in all new
construction. Any requirements by the Fire Protection District, that are
greater than Waterworks District No. 1 existing facilities are the
responsibility of the Applicant /Developer.
176. Waterworks District No. 1 has an existing water transmission line, which
shall be relocated at Applicant /Developer's cost, as approved by the
District.
177. The Applicant /Developer shall be responsible to construct and pay for the
required in -tract and off -site water, reclaimed water, and sewer
improvements necessary to serve the property.
178. Applicant /Developer shall be required to pay all applicable water capital
improvement fees and sewer connection fees in accordance with the
District's Rules and Regulations.
VII. MITIGATION MEASURES APPLICABLE TO THE CUP
179. The approved Mitigation Monitoring Program is included as Attachment 3 to
Resolution No. 96- , and all mitigation measures are requirements of
the CUP, as applicable. Some of the adopted mitigation measures are
duplicates or very similar to the conditions of approval. In cases where
a mitigation condition conflicts with a condition of approval, the
35
CONDITIONAL USE PERMIT NO. CUP -94 -1
APPLICANT: BOLLINGER DEVELOPMENT CORPORATION
April 17, 1996
stricter or more specific language shall apply, as determined by the
Director of Community Development during the condition compliance review
for each phase of development.
36
r
l I+'• )
EXHIBIT D
Bollinger Development Incorporated
2820 Townsgate Road, Suite 200
Westlake Village, California 91361 -3000
April , 1996
Investors Title Company
Escrow Division
310 North Westlake Boulevard, Suite 110
Westlake Village, CA 91362
Attn: Marge Andrews, Escrow Officer
Re: Escrow No.:
City of Moorpark, a Municipal corporation ( "City ")
and Bollinger Development, Incorporated, a
California corporation ( "Developer ")
Dear Ms. Andrews:
This letter constitutes the irrevocable escrow
instructions of both City and Developer with respect to the above -
referenced escrow.
1. Enclosed with this letter are the following:
a. Promissory Note secured by Deed of Trust dated
April 1996, executed by Developer in favor of City
("Promissory Note "); and
b. Deed of Trust and Assignment of Rents, executed
by Developer in favor of City ( "First City Deed of Trust ").
LAX2:145015.RBORLIK 27044 263399 4 32 04/17/96
Investors Title Company
April , 1996
Page 33
Upon the closing of Escrow No. , you are to
deliver the Promissory Note to the City, at the address set forth
in Paragraph 9 of this letter of instruction, and you are to
record, as a second deed of trust, the First City Deed of Trust in
the Official Records of the County Recorder for the County of
Ventura, California.
2. Also, enclosed with this letter are the original of
the following documents (collectively, "Documents "):
a. Request for Full Reconveyance executed by City
( "Full Reconveyance ") directed to Investors Title Company ( "Title
Company ") with respect to the First City Deed of Trust.
b. Deed of Trust with Assignment of Rents dated
April , 1996, executed by Developer in favor of City which
encumbers Lots 219 and 220 of Tract No. 4928, located in the City
of Moorpark, County of Ventura, California ( "Second City Deed of
Trust"),
C. Request for Full Reconveyance directed to Title
Company, executed by City, with respect to the Second City Deed of
Trust ( "Second City Reconveyance ").
d. Deed of Trust with Assignment of Rents dated
April , 1996, executed by Developer in favor of City which
encumbers Lots 219 and 220 of Tract No. 4928, located in the City
of Moorpark, County of Ventura, California ( "Third City Deed of
Trust ").
e. Request for Full Reconveyance directed to Title
Company, executed by City, with respect to the Third City Deed of
Trust ( "Third City Reconveyance ").
f. Deed of Trust with Assignment of Rents dated
April , 1996, executed by Developer in favor of City which
encumbers Lots 219 and 220 of Tract No. 4928, located in the City
of Moorpark, County of Ventura, California ( "Fourth City Deed of
Trust ") .
3. You will receive in the future the original of
several bonds ("Bonds") in favor of the City as required by the
LAX2:145015.aWRLIK 27044 263399 4 33 04/17/96
Investors Title Company
April 1996
Page 34
Vesting Tentative Map No. 4928 Conditions of Approval or by a
subdivision agreement between City and Developer relative to Tract
4928. You will also receive from the City for recordation the
original approved Final Subdivision Map for Tract 4928 ( "Final
Map "). When you receive the Final Map from the City, you are to
send the original Bonds to the City at the address set forth in
paragraph 9 of this letter of instruction and to record in the
Official Records of Ventura County California the Final Map.
4. You are authorized to fill in each of the Documents
the appropriate dates and recording information as they become
available to you so as to complete each Document.
5. You are authorized to deliver the Full Reconveyance
to Title Company and to record the Second City Deed of Trust upon
the satisfaction of each and every one of the following conditions:
a. You have recorded the Final Map;
b. The amount of any purchase money loan secured
by a deed of;trust encumbering Lots 219 and 220 of Tract No. 4928
has been paid in full and that deed of trust has been reconveyed
from Lots 219 and 220 of Tract No. 4928.
C. You have recorded a deed of trust encumbering
Lots 219 and 220 of Tract No. 4928 securing a construction loan in
the maximum principal amount of $16,000,000, with respect to which
the annual interest rate does not exceed the reference rate charged
by the Bank of America or any successor bank to its best customers
(which is not necessarily the lowest rate charged by the Bank) plus
four percent (4 %), the term is not more than twenty four (24)
months, and the loan origination fee does not exceed three (3)
points;
d. The deed of trust securing the construction
loan, in an amount not to exceed $16,000,000, is a first deed of
trust on Lots 219 and 220 of Tract No. 4928;
e. Developer is not in default in the payment of
any taxes or assessments affecting Lots 219 or 220 of Tract 4928;
and
LM2:145015.RWPJ,IK 27044 263399 4 34 04/17/96
Investors Title Company
April 1996
Page 35
f. No Notice of Default has been recorded under
the First City Trust Deed.
6. You are authorized to deliver the Second City
Reconveyance to Title Company and to record the Third City Deed of
Trust upon the satisfaction of each and every one of the following
conditions:
a. The construction loan described in paragraph 5
of this letter has been paid in full and the deed of trust securing
it has been fully reconveyed from Lots 219 and 220 of Tract No.
4928;
b. You have recorded a deed of trust encumbering
Lots 219 and 220 of Tract No. 4928 securing a loan, the proceeds of
which were used, in whole or in part, to pay in full the
construction loan referenced in paragraph 5 of this letter, in the
maximum principal amount of $16,000,000, with respect to which the
annual interest rate does not exceed the reference rate charged by
the Bank of America or any successor bank to its best customers
(which is not necessarily the lowest rate charged by the Bank) plus
three percent (3 %), the term does not exceed thirty (30) years,
there are required monthly principal payments based upon an
amortization not to exceed thirty (30) years, and the loan
origination fee does not exceed three (3) points;
C. The deed of trust securing the permanent
financing loan, in an amount not to exceed $16,000,000, is a first
deed of trust on Lots 219 and 220 of Tract No. 4928.
d. Developer is not in default in the payment of
any taxes or assessments affecting Lots 219 or 220 of Tract 4928;
and
e. No Notice of Default has been recorded under
the Second City Deed of Trust.
7. You are authorized to deliver the Third City
Reconveyance to Title Company and to record the Fourth City Deed of
Trust upon the satisfaction of each and every one of the following
conditions:
LM2:145015.RBORLZK 27044 263399 4 35 04/17/96
Investors Title Company
April 1996
Page 36
a. The permanent financing loan described in
paragraph 6 of this letter has been paid in full and the deed of
trust securing it has been fully reconveyed from Lots 219 and 220
of Tract No. 4928;
b. You have recorded a deed of trust encumbering
Lots 219 and 220 of Tract No. 4928 securing a loan in the maximum
principal amount of $16,000,000, with respect to which the annual
interest rate does not exceed the reference fate charged by the
Bank of America or any successor bank to its best customers (which
is not necessarily the lowest rate charged by the Bank) plus three
percent (3 %), the term does not exceed thirty (30) years, there ate
required monthly principal payments based upon an amortization not
to exceed thirty (30) years, and the loan origination fee does not
exceed three (3) points;
c. The deed of trust securing the loan, in an
amount not to exceed $16,000,000, is a first deed of trust on Lots
219 and 220 of Tract No. 4928.
d. Developer is not in default in the payment of
any taxes or assessments affecting Lots 219 or 220 of Tract 4928;
and
e. No Notice of Default under the Third City Deed
of Trust is of record.
8. With respect to each of paragraphs 5, 6 and 7 of
this letter, each of the Second City Deed of Trust, Third City Deed
of Trust, and Fourth City Deed of Trust, are to be a second (not a
first) deed of trust upon Lots 219 and 220 of Tract No. 4928.
Thus, each of the Second City Deed of Trust, Third City Deed of
Trust, and Fourth City Deed of Trust is to be recorded immediately
after the deed of trust securing the permitted senior encumbrance.
9. Upon recordation of each of the Second City Deed of
Trust, Third City Deed of Trust and Fourth City Deed of Trust, in
accordance with these instructions, you are to send a file =- stamped
copy of each such Document, showing the recording information, to
Developer and City as follows:
LAX2:145015.BBOnIK 27044 263399 4 36
04/17/96
Investors Title Company
April 1996
Page 38
Westlake Village, California 91361 -3000
Attn: Paul A. Bollinger
Please execute the enclosed copy of this letter and send
a copy to City and Developer to indicate your receipt of the
Documents and your agreement with the terms hereof.
CITY OF MOORPARK
RV.
Paul W. Lawrason Jr.
Mayor
ATTEST
Lillian;E. Hare
City Clerk
BOLLINGER DEVELOPMENT INCORPORATED
By:
Paul A. Bollinger
President
cc: Kenneth B. Bley, Esq.
THE ABOVE IS ACKNOWLEDGED AND AGREED TO:
INVESTORS TITLE COMPANY
By
Marge Andrews
Its: Escrow Officer
LM2:145015.RWRLIK 27044 263399 4 38 04/17/96
MAR 2 0 1996
CITY ),= iv1QUR ?ARK
799 AAOop'ARK A \ +ENUE
tJ1�JOfiP; °,`= :, CA 93021
March 20, 1996
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
Subject: Time Extension for Vesting Tentative Tract Prop. No. 4928,
Residental Planned Development Permit No. 94 -1 Conditional
Use Permit No. 94 -1 General Plan Amendment No. 91 -1, and
Zone Change No. 94 -1
Dear Mayor Lawrason:
This letter confirms my verbal grant on March 18,1996 of a time
extension for processing of the referenced entitlements. The
time extension is granted through and including April 18,1996
with the agreement of City Concil to act on the entitlements
at the first regular or adjournment meeting on or after March 27,
1996, at which four (4) Councilmembers are in attendance.
I look forward to the deliberations being
decision on these matters at the earliest
S n rel
e
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13ollingar lavalopmant Corp.
2820 TOWNSGATE ROAD, SUITE 200 • WESTLAKE VILLAGE, CA 91361 -3000 • (805) 379 -0077
FAX: (805) 379 -6722