The URL can be used to link to this page

Home My WebLink AboutAGENDA REPORT 1996 0410 CC ADJ ITEM 08ACJ AGENDA REPORT CITY OF MOORPARK TO: Honorable City Council FROM: Deborah S. Traffenstedt, Senior Planner DATE: April 5, 1996 (CC Meeting of 4- 10 -96) Z m 6 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 The City Council held a public hearing for the Moorpark Country Club Estates Project entitlements (referenced above) on March 6 and 13, 1996. On March 13, the City Council closed the public hearing and directed staff to prepare a draft approval resolution, zone change ordinance, Mitigation Monitoring Program, Environmental Impact Report (EIR) Findings, and Statement of Overriding Considerations. The City Council subsequently held a continued meeting on March 18 to further discuss draft conditions of approval, the Addendum to the Final Environmental Impact Report (EIR), and the Mitigation Monitoring Program. City Council meetings scheduled for March 20 and 27 were continued, without further discussion. On April 3, the City Council directed staff 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. Revised documents are attached. DISCUSSION The revision date is included on all of the attached documents, as requested by the Council. Corrections have been made as discussed at the April 3 meeting. Legislative format (redline and strikeout shading) is included in the conditions of approval to indicate the most recent changes. All legislative format shading will be removed from the conditions that will be attached to the final adopted resolution. Resolution was not reached at the April 3 meeting regarding the applicant's request to revise CUP Condition No. 22 to allow construction of both west and east golf course clubhouse facilities prior to recordation of Phase 1 of the Vesting Tentative Map. Staff will provide the City Council with a recommendation regarding CUP Condition No. 22 at the April 10 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. amending the zoning for the Project site, introduce the ordinance for first reading, and waive full reading. Attachments: Draft Resolution including Conditions of Approval: 1. Conditions of Approval A. Vesting Tentative Map No. 4928 B. RPD Permit No. 94 -1 C. CUP No. 94 -1 2. Addendum to Final EIR 3. Mitigation Monitoring Program 4. CEQA EIR Findings 5. CEQA Statement of Overriding Considerations 6. Exhibit Showing Revised General Plan Land Use Designations 7. Vesting Tentative Map No. 4928, Sheets 1 -4 (8 z" x 11" reduction) Draft Zone Change Ordinance (includes exhibit) RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING GENERAL, PLAN AMENDMENT NO. 94 -1, VESTING TENTATIVE MAP NO. 4928, RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1, AND CONDITIONAL USE PERMIT NO. 94 -1, AND ADOPTING A MITIGATION MONITORING PROGRAM, MAKING CERTAIN FINDINGS RELATED TO THE SIGNIFICANT IMPACTS OF THE PROJECT, AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE MOORPARK COUNTRY CLUB ESTATES PROJECT (APPLICANT: BOLLINGER DEVELOPMENT CORPORATION) WHEREAS, at a duly noticed public hearing on March 6, 1996, a continued public hearing on March 13, 1996, and continued meetings on March 18, 20, 27, and April 3, 1996, the City Council considered the application filed by Bollinger Development Corporation for the Moorpark Country Club Estates Project, consisting of General Plan Amendment No. 94 -1, Zone Change No. 94 -1, Vesting Tentative Tract Map No. 4928, Residential Planned Development (RPD) Permit No. 94 -1, and Conditional Use Permit (CUP) No. 94 -1 for a 655 -acre site located approximately 2,700 feet south of Broadway, with frontage on both Walnut Canyon Road (State Route 23) to the east and Grimes Canyon Road to the west (Assessor Parcel Nos: 500 - 240 -075, 500 - 230 -065, 500 - 230 -125, 500 - 230 -015, 500 - 230 -135, 500 - 230 -095, 500 - 230 -115, 500 - 230 -075, 500 - 260 -015, 500 - 250 -115, 500 - 220 -075, 500- 430 -015, 500 - 430 -025, 500 - 430 -035, 500 - 430 -045, 500 - 430 -055, 500 - 430 -065, 500 - 430 -075, 500 - 430 -085, 500 - 430 -095, 500 - 440 -015, 500 - 440 -025, 500 - 440 -035, 500 - 440 -045, 500 - 440 -055, 500 - 440 -065, 500 - 440 -075, 500 - 440 -085, 500 - 440 -095, 500 - 440 -105, 500 - 440 -115, 500 - 440 -125, 500 - 440 -135, 500 - 440 -145, 500 - 440 -155, 500 - 440 -165, 500 - 440 -175, 500 - 440 -185); and WHEREAS, the Moorpark Country Club Estates Project is more specifically described as follows: General Plan Amendment No. 94 -1 1) Revision of the General Plan Land Use Designation from Rural Low (1 Dwelling Unit per 5 Acres) to Medium Low (2 Dwelling Units per Acre) for a 132.5 -acre area comprised of residential Lots 1 through 216 (totaling 121.4 acres) and Private Roads H through N and associated landscaping area (Lots A, B, and C, totaling 11.1 acres), to Open Space 2 for a 496.8 -acre area comprised of golf course Lots 217 through 220, and to Public /Institutional for water reservoir and water well Lots 221 through 225 (all lot and street references are consistent with Vesting Tentative Map No. 4928 and public street right of way is not included in determining the residential land use designation); and 2) Revision of General Plan Land Use Element Policy No. 11.2 to read as follows: When new residential development is proposed adjacent to existing agricultural uses, a 200 -foot minimum setback shall be provided, to minimize compatibility conflicts, unless a determination is made by the City Council that the elevation difference between the agricultural and residential properties justifies a 100 -foot minimum setback; Zone Change No. 94 -1 - Requires adoption of an ordinance to revise the project site zoning from Rural Exclusive 5 Acre to RPD -1.63 Dwelling Units per Acre for a 132.5 -acre area comprised of residential Lots 1 through 216 (totaling 121.4 acres) and Private Roads H through N and associated landscaping area (Lots A, B, and C totaling 11.1 acres), to Open Space -6.4 415196 Resolution No. _ Page 2 Acres for Lot 217, to Open Space -176 Acres for east golf course Lot 218, to Open Space -314.4 Acres for west golf course Lots 219 and 220, and to Institutional for well and reservoir Lots 221 through 225 (all lot and street references are consistent with Vesting Tentative Map No. 4928 and public street right of way is not included in determining the residential zoning density and open space acreage); Vesting Tentative leap No. 4928 - Subdivision of the project site into 216 residential lots (1 through 216), four (4) golf course lots (217 through 220), and three (3) Public /Institutional lots (221 through 225) for the well and reservoir sites; the creation of three (3) lots (A through C) for private road and landscape area purposes (to be shown on Final Map); and the irrevocable dedication of public street right of way, a 20 -foot easement for trail purposes, and Lot 217 for public purposes; Residential Planned Development Permit No. 94 -1 - Required for residential Lots 1 though 216 and establishes development standards and conditions of approval for the residential component of the Project; Conditional Use Permit No. 94 -1 - Required for golf course Lots 217 through 220 and establishes development standards and conditions of approval for the golf course component of the Project, consisting of two 18 -hole golf courses and related facilities including driving range and clubhouses, pro -shop, banquet facilities, bar, snack -bar, golf cart storage and maintenance buildings; and WHEREAS, the City Council on December 20, 1995, certified a Final Environmental Impact Report for the Moorpark Country Club Estates Project as having been completed in accordance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City's CEQA Procedures; and WHEREAS, the project was subsequently revised to further minimize significant environmental impacts and an Addendum to the Final Environmental Impact Report was prepared to describe the revised project; and WHEREAS, at a duly noticed public hearing held on December 19, 1995, continued public hearings on January 22, and 29, 1996, and a continued meeting on February 7, 1996, the Planning Commission considered the application filed by Bollinger Development Corporation, received and considered public testimony from all those wishing to testify, closed the public hearing for the project on January 29, 1996, and adopted a resolution recommending approval of the zone change on February 7, 1996; and WHEREAS, the City Council has reviewed the intent of Land Use Element Policy No. 11.2, which is to minimize compatibility conflicts between agricultural and residential land uses, and has determined that the elevation difference between the agricultural zoned property north of the project site and the proposed residential lots justifies a 100 -foot minimum setback; and WHEREAS, the City Council after review and consideration of the information contained in Planning Commission Resolution No. 96 -318, staff reports, Final Environmental Impact Report certified by City Council Resolution No. 95 -1167, Addendum to Final Environmental Impact Report, Mitigation Monitoring Program, Environmental Impact Report Findings, Statement of Overriding Considerations, and public and staff testimony, reached its decision on the matter on April 10, 1996; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARR, CALIFORNIA, DOES RESOLVE AS FOLLOWS: 415196 Resolution No. _ Page 3 SECTION 1. The City Council hereby makes the following findings: CEQA Findings: 1) The Addendum to the Final Environmental Impact Report and a Mitigation Monitoring Program have been completed in accordance with CEQA (Division 13 of the Public Resource Code of the State of California), CEQA Guidelines, and City CEQA Procedures. 2) Environmental Impact Report findings related to the significant impacts of the Project and a Statement of Overriding Considerations have been completed in accordance with CEQA, CEQA Guidelines, and City CEQA Procedures. Subdivision Map Act Findings The Vesting Tentative Map, with imposition of the attached conditions of approval, meets the requirements of the Government Code Sections 66412.3, 66473.1, 66473.5, 66474, 66474.6, and 66478.1 et sect, and the City's Subdivision Ordinance, as follows: 1) The proposed Vesting Tentative Map is consistent with the City's General Plan. 2) The design and improvements of the proposed subdivision are consistent with the General Plan. 3) The project site is physically suitable for the type of development proposed. 4) The project site is physically suitable for the proposed density of development. 5) The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, with incorporation of Final Environmental Impact Report mitigation measures, and adoption of a Statement of Overriding Considerations. 6) The design of the subdivision and the type of improvements are not likely to cause serious public health problems. 7) The design of the subdivision and the type of improvements would not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. 8) Discharge of waste from the proposed subdivision into the existing community sewer system would not result in violation of existing water control requirements under California Water Code Section 13000 et seq. 9) The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake or reservoir. 10) The design of the subdivision provides to the extent feasible, future passive or natural heating or cooling opportunities. 11) The effect of this action upon the housing needs of the region has been considered and balanced against the public service needs of City residents and available fiscal and environmental resources. 12) The topographic features of the site justify an average lot depth greater than three times the lot width. 415196 Resolution No. Page 4 13) The size of the site and proposed grading plan justify a revision of the contour interval for the Tentative Map from two feet to ten feet. Residential Planned Development Permit Findings 1) The proposed residential project is consistent with the intent and provisions of the City's General Plan and Zoning Code. 2) The proposed residential project is compatible with the character of surrounding development. 3) The proposed residential project would not be obnoxious or harmful, or impair the utility of neighboring property or uses. 4) The proposed residential project would not be detrimental to the public interest, health, safety, convenience, or welfare. 5) The proposed residential project is compatible with existing and planned land uses in the general area where the development is to be located. 6) The proposed residential project is compatible with the scale, visual character and design of the surrounding properties, designed so as to enhance the physical and visual quality of the community, and the residential structures will have design features which provide visual relief and separation between land uses of conflicting character. Conditional Use Permit Findings 1) The proposed golf course project is consistent with the intent and provisions of the City's General Plan and Zoning Code. 2) The proposed golf course project is compatible with the character of surrounding development. 3) The proposed golf course project would not be obnoxious or harmful, or impair the utility of neighboring property or uses. 4) The proposed golf course project would not be detrimental to the public interest, health, safety, convenience or welfare. 5) The proposed golf course project is compatible with existing and planned land uses in the general area where the development is to be located. The proposed golf course project is compatible with the scale, visual character and design of the surrounding properties, designed so as to enhance the physical and visual quality of the community, and the clubhouse structures have design features which provide visual relief and separation between land uses of conflicting character. SECTION 2. The City Council hereby approves the Addendum to the Final Environmental Impact Report for the Moorpark Country Club Estates Project (Attachment 2), adopts a Mitigation Monitoring Program (Attachment 3), makes Environmental Impact Report Findings related to the significant impacts of the Project (Attachment 4), and adopts a Statement of Overriding Considerations (Attachment 5), which are incorporated herein by reference. 415196 Resolution No. _ Page 5 SECTION 3. The City Council hereby approves General Plan Amendment No. 94- 1 to: 1) Revise the General Plan Land Use Designations, Exhibit 3 of General Plan Land Use Element, from Rural Low (1 Dwelling Unit per 5 Acres) to Medium Low (2 Dwelling Units per Acre) for a 132.5 -acre area comprised of residential Lots 1 through 216 (totaling 121.4 acres) and Private Roads H through N and associated landscaping area (Lots A, B, and C, totaling 11.1 acres) , to Open Space 2 for a 496.8 -acre area comprised of golf course Lots 217 through 220, and to Public /Institutional for water reservoir and water well Lots 221 through 225, consistent with Attachment 6 (Exhibit Showing Revised General Plan Land Use Designations); and 2) Revise General Plan Land Use Element Policy No. 11.2 to read as follows: When new residential development is proposed adjacent to existing agricultural uses, a 200 -foot minimum setback shall be provided, to minimize compatibility conflicts, unless a determination is made by the City Council that the elevation difference between the agricultural and residential properties justifies a 100 -foot minimum setback. SECTION 4. The City Council hereby conditionally approves Vesting Tentative Map No. 4928 (Attachment 7), subject to compliance with all of the conditions attached hereto as Attachment lA and the Mitigation Monitoring Program (Attachment 3). SECTION 5. The City Council hereby conditionally approves RPD Permit No. 94 -1, subject to compliance with all of the conditions attached hereto as Attachment 1B and the Mitigation Monitoring Program (Attachment 3). SECTION 6. The City Council hereby conditionally approves CUP No. 94 -1, subject to compliance with all of the conditions attached hereto as Attachment 1C and the Mitigation Monitoring Program (Attachment 3). PASSED, APPROVED, AND ADOPTED THIS DAY OF , 1996. Paul W. Lawrason Jr., Mayor ATTEST: Lillian E. Hare, City Clerk 415196 Resolution No. _ Page 6 Attachments: 1. Conditions of Approval A. Vesting Tentative Map No. 4928 B. RPD Permit No. 94 -1 C. CUP No. 94 -1 2. Addendum to Final Environmental Impact Report 3. Mitigation Monitoring Program 4. CEQA Environmental Impact Report Findings S. CEQA Statement of Overriding Considerations 6. Exhibit Showing Revised General Plan Land Use 7. Vesting Tentative Map No. 4928, Sheets 1 -4 (8 Designations J" x 11" reduction) 415196 n._ ATTACHMENT 1 RESOLUTION NO. 96- CONDITIONS OF APPROVAL MOORPARK COUNTRY CLUB ESTATES PROJECT VESTING TENTATIVE MAP NO. 4928 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 CONDITIONAL USE PERMIT NO. 94 -1 1R VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 VESTING TENTATIVE MAP NO. 4928 CONDITIONS OF APPROVAL I. DEPARTMENT OF COWUNITY DEVELOPMENT CONDITIONS Permitted Uses 1. Vesting Tentative Map No. 4928 is approved for the land and project identified as Moorpark Country Club Estates: General Plan Amendment No. 9401, Zone Change No. 94 -1, Residential Planned Development Permit No. 94- 1, and Conditional Use Permit No. 94 -1. The location and design of all site improvements shall be as shown or described in the application (including technical reports), on the approved Vesting Tentative Map (Sheets 1 -4, dated March 26, 1996), and approved mitigation monitoring program, except or unless indicated otherwise herein in the following conditions. City Regulations 2. The conditions of approval of Vesting Tentative Map 4928 and all provisions of the Subdivision Map Act, City of Moorpark Zoning Code and adopted City policies, procedures, and standards supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map. Other Agency Regulations 3. All applicable requirements of any law or agency of the State, County, and any other governmental entity shall be met, and all such requirements and enactments shall, by reference, become conditions of this entitlement. 4. No condition of this entitlement shall be interpreted as permitting or requiring any violation of law, or any lawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules, standards, or guidelines apply, the stricter standard shall take precedence. Approved Phasing 5. If the Final Map is to record in phases, it shall be recorded in phases consistent with the approved Vesting Tentative Map Phasing Plan, Sheet 4, and the applicable subsequent conditions of approval. Acceptance of Conditions 6. Recordation of this subdivision shall be deemed to be acceptance by the subdivider, and his heirs, assigns, and successors of the conditions of this Map. Reference Conditions of Approval on Final Map 7. A notation which references approved Conditions of Approval shall be included on all phases of any Final Map in a format acceptable to the Director of Community Development. Severability 8. If any of the conditions or limitations of this subdivision are held to be invalid is ":: ti 1-t-, f >;u :3t; :� ; q , that holdin shall render ' 3 g this Vesting Tentative Map.null aria v6id'at the discretion of the City. 11 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 Expiration of Vesting Tentative Map 9. This Tentative Map shall expire three (3) years from the date of its approval. Upon application of the subdivider, filed at least 30 -days prior to the expiration of the conditionally approved Tentative Map, the City Council may, at 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. Outstanding City Case Processing Costs VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 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 Common Maintenance Area Improvements 19. Except for the street improvements, maintenance responsibility for the other "C" Street "Common Maintenance Areas ", including but not limited to the landscaping improvements in the parkway, medians, and at the 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 Common Maintenance Area improvements and maintaining such Common Maintenance Area improvements, to the City's specifications and satisfaction, until acceptance by the City for inclusion in the assessment district. Acceptance of Common Maintenance Area improvements for assessment district maintenance purposes shall not occur until one year after the last residential unit 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 3 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 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 common- shared driveways, all storm drains, any fencing or walls within common areas, and any slope directly affecting drainage or residential street facilities. Prior to Final Map approval for any phase, the applicant shall provide an irrevocable offer of an easement to the City for the purpose of maintaining all landscaping and related drainage 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 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 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 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. 100 -Foot Easement: No use or structures of any kind or size, with the exception of drainage structures and infrastructure required by the City or other public agency, shall be allowed within the 100 - foot non - buildable, restricted -use easement, shown on the Vesting Tentative Map and required to be recorded in conjunction with Final Map approval. The landscaping within such easement shall be consistent with the Fire Hazard Reduction Program that is required to be prepared prior to recordation of Phase 1 of the Final Vesting Map (reference Ventura County Fire Prevention District conditions). b. California Administrative Code Requirements: All residential units constructed in the subdivision shall comply with Chapter 2 -53 of Part 2 and Chapter 4 -10 of Part 4, of Title 24 of the California Administrative Code. C. 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: 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; 5 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 V. To ensure closure when not in use kitchen ventilation systems shall have automatic dampers; and vi. Hot water solar panel stub -outs shall be provided. g. Exterior Building 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. p. Maintain Tract and Easement Notification Signage: Any neighborhood identification signage and any required signs notifying residents of an easement for future street extension shall be maintained by the Homeowners' Association in perpetuity, or in the case of the easement notification sign, shall be maintained until such time that the road is extended or the easement is relinquished by the City. q. Dominant Street Tree: A coordinated tree planting program shall be developed which will provide a dominant street tree for each of the residential streets to provide aesthetic diversity within the development. r. Fire Protection Features: All structures adjacent to open space, around the perimeter of the project, shall be designed to satisfy at VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 least a one hour fire - resistant rating. Such structures shall incorporate fire retarding features including, but not limited to, boxed -in eaves, reduced overhangs, double -paned windows, convection resistant roof design, non - combustible roofing material, and related design features. The County Fire Protection District shall review this component of the Design Guidelines prior to approval by the Director of Community Development. County of Ventura Computer -Aided Mapping System 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 a44 t golf course lots the Applicant /Developer shall pay a . Citywide affic mitigation fee of $164,560 (eale•'ated at $3 09G c ` tr.v FJf € >?3. For all single fam Vie?€; Xr ::.:::..;;;:. . .;;;;;;:.;:.;:.:;.;:.;:.;: .;;;.;:.;::.;:.;:.;.;;;:.; �.;:.:<.;:< :<:<::.;:.;;::.;;;:.;;;:.;::.;; resi.deitial "lots the Applicant/ developer shall pay a Citywide traffic mitigation fee of $3,000 for each dwelling unit, prior to issuance of a Zoning Clearance to allow plan8be -pe e-u-b -Itted €er be }ldIeg per-mit plan ehee1 the f jj hu . t� rx, :.:pertt t e hE* ^�I r gld ai The fees 3. en ified iri 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 year. Air Quality Mitigation Fees 31. The Applicant /Developer shall pay an air quality mitigation fee of $811 per dwelling unit, prior to issuance of a Zoning Clearance to allow plans to be submitted for building permit plan check. Air quality mitigation fees for the golf courses shall be paid in three payments, with the first payment to occur prior to occupancy approval for the first golf course, VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 and the second and third payments to be made one year and two years following the first golf course occupancy approval. The three golf course air quality impact fee payments shall be $42,998.94 for the first year, $44,531.54 for the second year, and $45,308 for the third year. General Grading Sequence 32. 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 prior to recordation of Phase 1 of the Final Vesting Map, subject to submittal and approval of an early grading agreement, compliance with other conditions of approval, and provision of surety to guarantee implementation of the erosion control plan and completion of rough grading, construction of "C" Street and all related improvements including landscaping, construction of Walnut Canyon Road and Grimes Canyon Road improvements including required off -site improvements, construction of potable and reclaimed water line extensions and two water tanks, construction of sewer line extensions, construction of all required drainage improvements, and implementation and maintenance of habitat restoration (as required by the mitigation monitoring program); and 2) subsequent fine grading permits shall be issued for individual phases of the Final Vesting Map after recordation. Contour 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 ridgelines of the site. Rough and fine grading plans for lots and golf courses shall be reviewed for compliance with these principles by the Director of Community Development and the City Engineer. Also, the grading plans shall indicate the manner in which the graded slopes shall be blended with the natural slope of the site. Stabilize Slopes 34. Planned vegetation, irrigation, structures, roadways, paths, and continuing maintenance programs shall be used to stabilize manufactured slopes. Aesthetic Treatment of Manufactured Slopes 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 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 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 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: 1) an early grading agreement is approved and signed by the City Manager; and 2) the City Engineer and the Director of Community Development approve the acceptance of a Performance Bond to guarantee implementation of the erosion control plan and completion of the rough grading; construction of "C" Street and VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 all related improvements including landscaping; construction of Walnut Canyon Road and Grimes Canyon Road improvements, including required off - site improvements; construction of potable and reclaimed water line extensions and two water tanks; construction of sewer line extensions; construction of all required drainage improvements; and implementation and maintenance of habitat restoration (as required by the mitigation monitoring program). In the case of failure to comply with this condition, the City Council may by resolution declare the surety forfeited. Upon completion of rough grading and erosion control plan compliance to the satisfaction of the City, and following recordation of all phases of the Final Vesting Map, the City Council may reduce the amount of the bond; however, the bond must be kept in full force and effect for a minimum of one year following rough grading to ensure adequate erosion control and revegetation. Suretv for Common Maintenance Area Improvements 44. No Zoning Clearance shall be issued for grading or other construction activities until all "C" Street Common Maintenance Area improvements specified in the conditions of approval for this permit and Vesting Tentative Map No. 4928 have been provided or the Director of Community Development approves the acceptance of a Performance Bond to guarantee the construction, installation, and maintenance of "C" Street Common Maintenance Area improvements including, but not limited to perimeter tract walls (including stucco treatment), fences, median and parkway landscaping, slope planting, irrigation, and other landscape improvements. Required improvements shall be completed prior to the first golf course or residential occupancy approval. In case of failure to comply with any term or provision of this condition, the City Council may by resolution declare the surety forfeited. Upon full completion of the required improvements to the satisfaction of the City, the City Council may reduce the amount of the bond; however, the bond must be kept in full force and effect for one year after the last golf course or residential occupancy, whichever occurs 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 common area landscaping and for golf course irrigation. Prior to occupancy approval for both golf courses, the Director of Community Development shall approve in writing the percent of potable water to be blended with reclaimed water for the golf course greens. Prior to rough grading permit approval, the City Engineer shall require surety for the construction of the reclaimed water facilities and infrastructure. Reclaimed water shall be available to the golf courses and public and private Common Maintenance Areas prior to commencement of irrigation for permanent landscaping. Tree Report 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 10 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 Common Maintenance Areas for "C" Street. The landscaping and irrigation plans for the Common Maintenance Areas for the residential development shall be prepared prior to recordation of the applicable phase of development. The landscaping and irrigation plans for the golf courses and clubhouse area shall be prepared prior to recordation of Phase 1 of the Final Vesting Map. All landscaping and irrigation plans shall be generally in accordance with the Ventura County Guide to Landscape Plans, and shall be submitted to the Director of Community Development for review and approval. The subdivider shall bear the cost of the landscape plan review, installation of the landscaping and irrigation system, and of final landscape inspection. All tree replacement, common area landscaping, and permanent erosion control landscaping shall be installed and receive final inspection prior to issuance of an occupancy approval for the first residential unit or golf course in each phase, as applicable, with the exception that all streetscape landscaping shall be completed within 90 days of completion of the related course street base. Planting and irrigation specifications shall be included for all manufactured slopes over three (3) feet in height, and all Common Maintenance Areas proposed to be maintained by the Homeowners, Association. The purpose of the landscaping shall be to control erosion, prevent aesthetic impacts to adjacent property owners, mitigate the visual impacts of all manufactured slopes three (3) feet or more in height, replace mature trees lost as a result of construction, and provide a landscaping pattern along the streets and entranceways that resembles a rural ranch design. The Landscaping and Irrigation Plans shall include landscaping specifications, planting details, and design specifications consistent with the following requirements: a. Irrigation: Irrigation shall be provided for all permanent landscaping identified in the approved landscape plan. The subdivider shall be responsible for maintaining the irrigation system and all landscaping until such time as a Homeowners' Association, assessment district, or similar entity approved by the City accepts the responsibility. b. Tree Report: The information contained in the Final Vesting Map No. 4928 Tree Report, regarding which trees are to be saved or retained on the site, shall be noted on the landscape plan. C. Tree Replacement: The landscape plan for "C" Street and the entranceways at Walnut Canyon and Gabbert Canyon Roads shall specify how trees removed during the rough and fine grading phases of the project will be replaced in accordance with Municipal Code requirements. d. Streetscape Elements: The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths within the project limits. e. Streetscape Appearance: All landscaped pedestrian walkways shall be designed to provide an aesthetically pleasing streetscape appearance and shall be subject to approval of the Director of Community Development. All pedestrian walkway plans shall conform to conditions of approval. f. Tree Planting: A sufficiently dense tree planting plan emphasizing tall growing trees and /or shrubs shall be designed. Planting shall be planned to achieve shade and screening in a three (3) to five (5) year time period. A minimum of 25 percent of the trees shall be 24- 11 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 inch box size and a minimum of 25 percent shall be 36 -inch box size. In addition, recommendations regarding planting, that are included in the mitigation monitoring program, shall be incorporated to the degree feasible into the screening plan. The size of the trees to be planted shall be subject to approval of the Director of Community Development. g. Dominant Street Tree: A coordinated tree planting program shall be developed for all Common Maintenance Areas. Dominant street trees shall vary between residential streets to provide aesthetic diversity within the development. h. Landscaping Near Intersections: Landscaping at site entrances and exits and at any intersection within the development shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. i. Landscaping within Median and Parkways: Landscaping within any median or parkway shall be designed so as to not obstruct the view of any exterior door or window from the street. j. Trees Prohibited Under Street Lights: Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. k. Equipment Screening: Backflow preventers, transformers, or other exposed above grade utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and /or a wall. 1. 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, 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 12 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 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 be recorded as a conservation easement, along the entire perimeter of the area covered by Vesting Tentative Map No. 4928. This easement is to serve as the 100 -foot fuel modification zone for fire prevention and as an agricultural and land use buffer. Only landscaping consistent with a required Fire Hazard Reduction Program (reference Fire Prevention District conditions) shall be allowed within the easement. No structures of any kind or size, with the exception of drainage structures, fencing /walls, and infrastructure required by the City or other public agency, shall be permitted within the easement. Recordation of said easement shall occur coincidentally with recordation of Phase 1 of the Final Vesting Map. This easement shall be illustrated on all subsequent recorded maps for phased residential development. Easement Prohibiting Future Residential Development in Golf Course Areas 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, shown as lots 1 through 216 on the Vesting Tentative Map. To ensure that the golf courses are not proposed for residential development in the future, in conjunction with recordation of Phase 1 of the Final Vesting Map, the subdivider shall record an easement prohibiting future development of residential dwelling units within any of the golf course acreage, shown as lots 217 through 220 on the Vesting Tentative Map. Dedication of Future Road Easement 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 non - buildable, restricted -use easement and of the adjacent agricultural operations. Prior to issuance of a Zoning Clearance for the first residential structure, the subdivider /developer shall submit to the Director of Community Development proof of said deed restriction recordation and homebuyer acknowledgment. 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 13 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 trail staging area. All phases of the Final Map shall show the location of the multi -use trail easement. Frierm be appEeval e€ Phase 1 e €the- Final Vesting Hap, the subdivider- shall be Burpety Env *;vail as determIned by the City to InGlude regsived grading, eurfaeieg, iandseaping, F ng, and tvai staging area Parking Requirements 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 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 14 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 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 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, 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. 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. Undergrounding of Utilities 15 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 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-Bite 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 property, or prior to the first golf course occupancy approval, replacement /creation of up to a total of 3.9 acres of the Valley Needle Grassland habitat shall be provided within one or more protected areas of either the east or west golf courses, as approved by the Director of Community Development, and shall be maintained by the golf course operator(s). 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 16 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 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., 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 17 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 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 inde ndent 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 Rectuirements 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: 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 18 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 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 recover work shall be performed by a qualified paleontologist. The Applicant7Developer 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. Water _Quality Mitigation Planning - Integrated Golf Course Management (IGCM) 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; or preparation of the IGCM Plan may be deferred to prior to Zoning Clearance for a building permit for the first golf course, if an interim drainage plan is approved by the City Engineer. The intent of this requirement is that the permanent drainage plan shall be designed to be in conformance with the IGCM Plan. The conditions of approval for CUP - 94-1 specify further requirements for the IGCM Plan. State Department of Fish and Game Notice of Determination Filing 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. OIN VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 II. CITY ENGINEER CONDITIONS OF APPROVAL PRIOR TO FINAL MAP APPROVAL TSE FOLZoW2NG 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 phase of the Vesting Tentative Tract Map (reference Sheet 4 of Tentative Tract 4928) for the project shall be permitted subject to the applicable conditions of approval. Each Phase of the Final Map may be filed concurrently or in sequence. Phasing shall be in substantial conformance with Sheet 4 of the approved Vesting Tentative Map. Deviations in the numerical map recording and construction sequence must be approved by the City Council. 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 approval of the Final Map, requests for rough grading permits will be granted in accordance with the approved phasing plan (Sheet 4 of Vesting Tentative Map No. 4928), as required of these conditions and local ordinance. Requests for a rough grading permit, prior to City Council approval of a Final Map for recordation, will be permitted provided that the subdivider enters into an early grading agreement with the City, as approved by the City Manager, and provides sufficient surety as required by these conditions of approval. Subsequent fine grading permits shall be issued upon completion of rough grading and review and approval of fine grading plans for individual phases of the Final Map. 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. 20 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 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. 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; 21 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 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 post - development conditions in accord with methods outlined in Erosion and Sediment Yields in the Transverse Ranges, Southern California (United States Geological Survey, 1978). These estimates of sediment yield shall be completed prior to initiating final design of modifications to the existing debris basin facility situated in the Gabbert Canyon Drainage, south of the project boundary or any other necessary facilities as described in the approved ESCP. 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 (FLIP) shall be prepared which identifies all required drainage and flood control improvements necessary to implement the proposed project. This plan shall be prepared in consultation with the Moorpark City Engineer and the Ventura County Flood Control District to facilitate required interagency coordination. The plan shall identify all major improvements and typical drainage facilities for both residential and golf course portions of the project. The capacity, location, and size of all culverts, collection devices, energy dissipaters, and related improvements shall be designed to the satisfaction of the City Engineer and Flood Control District. Capacity details for the construction of the on -site detention basins and improvement of the existing debris basin in Gabbert Canyon shall be included in the FCIP. All applicable Flood Control District permits required to implement the FCIP shall be obtained from the County Flood Control District prior to City issuance of a permit for rough grading. No rough grading permit shall be issued until the FCIP is completed. The FCIP shall identify what improvements must be completed coincident with the initiation of rough grading. 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). 22 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 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 FLIP. 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 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. 23 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 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 slope 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. 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 24 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 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 18 inches high, with curb outlet drainage to be constructed behind the back of the sidewalk where slopes exceeding 4 feet in height are adjacent to sidewalk. The subdivider shall use the City's standard wall detail during design and construction. All material for the construction of the wall shall be approved by the City Engineer and Director of Community Development. No retaining wall greater than 18 inches in height shall be approved immediately adjacent to a sidewalk. A minimum 2 -foot wide planting area shall be established between the back of sidewalk and any retaining or other property walls. All slough walls shall be shown as part of the approved landscape plan. Geotechnical/Geology Review 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 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. 25 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 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: 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; W. VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 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 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 27 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 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. 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 Recruirements 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. 0 :1 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 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 map Sheet 1 of 4. 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 provided appropriate to the entry that will not interfere with sight- 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 29 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 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 City Engineer prior to the issuance of a rough grading permit. 142. Prior to issuance of the first zone clearance for occupancy for any phase within the approved tentative tract the intersection of Grimes Canyon Road and Highway 118 (Los Angeles Avenue) shall be modified to provide a southbound left turn pocket on Grimes Canyon Road and westbound right turn lane on Los Angeles Avenue. Modifications shall also be made at the railroad crossing adjacent to this intersection to improve the safety of this location, as approved 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. 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 to provide the following cross section as shown on sheet 1 of 4 of the approved tentative map: 1 -six (6) foot sidewalk located within the southerly 18 -foot parkway 2 -eight (8) foot bikelanes 2- twelve (12) foot travel lanes 1- fourteen (14) foot median at "C" Street Entranceways Left Turn Pocket at all Cross - streets (not including three -way stop at clubhouse entry drive) The northerly parkway shall maintain a 2 percent slope for a minimum distance of 5 feet from the proposed back of curb. Rolled curbs shall be permitted providing no design /drainage constraints prevent their use. A 3 -way stop sign shall be provided at the intersection of "C" Street and the clubhouse entry drive. To avoid conflicts with traffic on "C" Street, a tunnel, or similar underbridge accessway, shall be constructed under the "C" Street bridge to enable connecting the 14th and the 15th holes for the West golf course. The tunnel shall be constructed to specifications approved by the City Engineer. 30 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 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. Private: 147. Private Streets and cul -de -sacs shall conform to the Case A and Case B cross sections as depicted on Sheets 1 of 4 of the approved tentative map. All shoulders shall be paved with stamped concrete unless otherwise approved by the Director of Community Development. The color of the stamped concrete shall also be approved by the Director of Community Development. Cul -de -sacs having a sump drainage configuration shall provide alternate escape routes for water without creating any adverse impact to private property. Other Street Improvements 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.. [tail VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 Other Fees and Improvement Design Requirements 157. Where roads are to be built requiring 4 or more inches of pavement, the subdivider shall construct the required street section minus 1 -1/2 inches of paving as an interim condition until all utility cuts or trenching is completed and the City Engineer grants approval to accomplish this task. In areas of longitudinal trenching, paving fabric shall be used to prevent reflective cracking. 158. Any right -of -way acquisition necessary to complete the required improvements will be acquired by the subdivider at his expense. 159. Publicly dedicated streets shall conform to the design requirements of the Ventura County Road Standards (most recent revision) except as follows: a. Sidewalks to be a minimum of five feet wide at all points. Provisions shall be made around obstructions to maintain this minimum width. b. With the exception of "C" Street, 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. 160. 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. 161. 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. 162. 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. 32 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 The subdivision surety agreement shall include provisions for all Off-Bite improvements along the entire frontage of Tract 4928 and other offsite improvements required by the conditions as described herein and as required by the mitigation measures of the approved EIR. 163. The subdivider shall demonstrate legal access to all parcels to the satisfaction of the City Engineer. 164. 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 165. Utilities, facilities and services for the project area will be extended and /or constructed in conjunction with its phased development by the master developer as the project proceeds. a. The subdivider will be responsible for the construction of all onsite and offsite sanitary sewer facilities to serve the project. The subdivider shall enter into an agreement with Ventura County Water Works District No. 1 ( VCWWD) to construct the improvements and the system will be dedicated to VCWWD No. 1 for maintenance. b. Prior to Final Map recordation of any phase, the City, Calleguas Municipal Water District and Water District No. 1 shall approve final plans for water distribution. Either the subdivider shall construct the required distribution facilities or enter into an agreement with the Calleguas Municipal Water District and /or County Waterworks District No. 1 stating when and how facilities will be funded and constructed. The system will be designed and constructed to meet the requirements of the proposed land uses and applicable City, Calleguas and VCWWD No. 1 standards. C. Provisions for electrical, natural gas, telephone and solid waste collection services and cable television to the Project Area will be made prior to development of the project area. All services can be extended by each respective company to meet future demands of the Project Area. Natural gas service will be provided by Southern California Gas. Electric service will be provided by Southern 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 166. 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. 167. 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. 33 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 Acquisition of Easements and Right of Way 168. If any of the improvements which the subdivider is required to construct or install is to be constructed or installed upon land in which the subdivider does not have title or interest sufficient for such purposes, the subdivider shall do all of the following at least 60 days prior to the filing of any Phase of the Final Map for approval pursuant to Governmental Code Section 66457. a. Notify the City of Moorpark (hereinafter "City ") in writing that the subdivider wishes the City to acquire an interest in the land which is sufficient for the purposes as provided in Governmental Code Section 66462.5. b. Upon written direction of the City supply the City with (I) a legal description of the interest to be acquired, (ii) a map or diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of Section 1250.310 of the Code of Civil procedure, (iii) a current appraisal report prepared by an appraiser approved by the City which expresses an opinion as to the fair market value of the interest to be acquired, and (iv) a current Litigation Guarantee Report. C. Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the subdivider will pay all of the City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. Surety, Bonding. Conveyance of Title, and Legal Actions 169. The subdivider shall offer to dedicate to the City of Moorpark public service easements as required by the City. 170. 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. 171. 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. 172. 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. 173. 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 HOLLOWING CONDITIONS SHALL APPLY: 174. 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 34 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 erosion control measures, hydroseeding of all graded slopes shall be required within 30 days of completion of grading. 175. 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. 176. All unimproved areas with vehicle traffic shall be watered periodically and the vehicle speed shall be limited to 15 mph. 177. 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. 178. 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. 179. The Applicant /Developer shall request that all employees involved in grading operations on the project wear face masks to reduce the inhalation of dust which may contain the fungus which causes San Joaquin Valley Fever. 35 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 180. Maintain equipment engines in good condition and in proper tune as per manufacturers' specifications to prevent excessive emissions. 181. All diesel engines used in construction equipments should use high pressure injectors. 182. All diesel engines used in construction equipments shall use reformulated diesel fuel. 183. 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. 184. During site preparation and construction, construct temporary storm water diversion structures per City of Moorpark standards. 185. 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. 186. Immediately surrounding property owners shall be notified in writing on a monthly basis of construction schedules involving major grading. 187. 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. 188. 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. 189. The Applicant /Developer shall ensure that construction equipment is fitted with modern sound - reduction equipment. 190. Equipment not in use for more than ten minutes should be turned off. 191. The fuel injection grading of all diesel engines used in construction equipment should be retarded two degrees from the manufacturer's recommendation. 192. 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. 193. 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. 36 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 194. 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 IMPROVMU NTS AND BOND EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 195. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 196. 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. 197. A copy of the recorded Map(s) shall be forwarded to the City Engineer for filing. 198. Sufficient surety in a form acceptable to the City guaranteeing the public improvements pertinent to each phase shall be provided. 199. 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. 200. Original "as built" plans will be certified by the applicant's civil engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 36 ", they must be resubmitted as "as builts" in a series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as builts" plans is required before a final inspection will be scheduled. .....::.............. . g::::..:p....�. amA. f 7 .... „iti+�.TiF�%IAa7;i:.at.. +�76 w, ... _... PRZQ .. .: fTN�# _ .. . ......'L311TC &- fxtiliT: , � FIitSF FIaNE7 PBR F1� SACIf :..:........:..:... ............:.:::::..::.......> :::::.........:::............:. ...........:..::::............. .................... ............................... ........:........::::.....:..:. .:..:: ::...:....»......:......; ....................... :::. ................- ............. . .. ............................................................................................................................................................... ............................... ..................................................................................................................................... ............................... I .......................... 37 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 III. CITY OF MOORPARK POLICE DEPARTMENT CONDITIONS 205. A licensed security guard is required during the construction phase, unless a 6 foot high chain link fence is erected around the construction site. 206. Construction equipment, tools, etc., shall be properly secured during non- working hours. IV. VENTURA COUNTY FIRE PREVENTION DISTRICT CONDITIONS Fire Hazard Reduction Program 207. Prior to issuance of a grading permit or Zoning Clearance for any building permit, the Applicant /Developer shall retain a registered landscape architect, familiar with the objectives of fuel management in wildland -urban interface, to prepare a Fire Hazard Reduction Program. This program shall be prepared in consultation with the County Fire Protection District and shall be approved by the Director of Community Development. The program shall apply to the 100 -foot non - buildable easement required by Vesting Tentative Map No. 4928 The landscape plan for the 100 -foot non - buildable easement shall include native species. a. The vegetation management requirements of the plan shall be clearly defined. The golf course operators and Homeowners Associations shall be responsible for implementing this program in perpetuity. Fuel modification zones are proposed to be retained in as natural a state as safety and fire regulations will permit. b. The fuel modification zone shall be designed by and planted under the supervision of a landscape architect with expertise in native plant materials and habitat restoration, with the approval of the Director of Community Development, to appear as a transition between the built environment and natural open space. C. Within the modification zone, native and non - native high -fuel vegetation will be removed and replaced with low -fuel vegetation. The height of plant materials will be kept to a minimum. Planting requirements include a combination of trees, shrubs, and groundcover. Irrigation will not be provided, except in established wet zones, unless necessitated by the plant materials used. 208. During all grading and site clearance activities, earth moving equipment shall be equipped with spark arrestors and at least two fire extinguishers. All equipment used in the vegetation clearance phase shall be equipped with spark arrestors and best available fire safety technology. The vegetation clearance activities shall be coordinated with and approved by the County Fire Prevention Division. 209. All equipment and material staging activities shall be coordinated with the County Fire Prevention Division. Fire prone construction activities shall be prohibited during "Santa Ana" wind conditions. 9H VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 210. If deemed necessary by the District, prior to recordation of the first phase of the Final Vesting Map, the project shall include a helispot and associated fire suppression equipment storage. Any required heliport facilities shall be indicated on the Final Vesting Map for the project. Road and Driveway Requirements 211. Complete circulation shall be provided for each phase of the development. Each phase shall stand alone, meeting all requirements for access, without depending on future development of neighboring phases to complete second access or water requirements. 212. The collector road system proposed for the project shall be reviewed and approved by the Ventura County Fire Protection District prior to approval of Phase 1 of the Final Vesting Map. 213. Access roads shall be installed with an all weather surface, suitable for access by Fire Department apparatus. 214. For residential streets without stamped concrete parking areas: Double loaded streets shall be a minimum of 36 feet wide with parking allowed on both sides. The rolled curbs shall not interfere with the width of the street and shall be provided outside of the required width. Single loaded streets shall be a minimum of 32 feet wide with parking allowed on one side only. The rolled curbs shall not interfere with the width of the street and shall be provided outside of the required width. 215. For residential streets with stamped concrete parking shoulders: Double loaded streets shall be a minimum of 28 feet of pavement with 6 foot stamped concrete shoulders on both sides. Shoulders shall encourage parking through signage or markings approved by the City Director of Community Development, City Public Works Director, and the Fire District. Single loaded streets shall be a minimum of 28 feet of pavement with a 6- foot stamped concrete shoulder on one side, and shall be posted with parking allowed on only one side. Signage and /or markings shall encourage parking on the stamped concrete in a manner approved by the City Director of Community Development, City Director of Public Works, and the Fire District. 216. Access roads shall not exceed 15 percent grade. 217. Approved turn around areas for fire apparatus shall be provided where the access road is 150 feet or more from the main project collector. Cul -de- sacs shall have a minimum diameter of 80 feet. 218. Any gates to control vehicle access are to be located to allow a vehicle waiting for entrance to be completely off the public roadway. The method of gate control shall be subject to review by the Bureau Fire Prevention. A minimum clear open width of 15 feet in each direction shall be provided. If gates are to be locked, a Knox System shall be installed. 219. Prior to recordation of Phase 1 of the Final Map, proposed street names shall be submitted to the Fire Department Communication Center for review and comment. 220. Street name signs shall be installed in conjunction with the road improvements. The type of sign shall be in accordance with Plate F -4 of the Ventura County Road Standards. 221. All driveways shall have a minimum vertical clearance of 13 feet 6 inches, and this requirement shall be included in the CC &R's /Design Guidelines. 39 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 Fire Hydrant /Fire Flow Requirements 222. Prior to recordation of the first phase of residential development, the Applicant /Developer shall provide verification that the water purveyor can provide the required volume /fire flow for the project. 223. Prior to construction, the Applicant /Developer shall submit plans to the Ventura County Bureau of Fire Prevention Division for the approval of the location of fire hydrants; all hydrants shall be shown on the plan that are situated within 300 feet of the perimeter of the residential development. 224. A minimum fire flow of 1,000 gallons per minute at 20 psi shall be provided. The location and capacity of all water storage and conveyance facilities shall be reviewed and approved by the District prior to the recordation of the Final Map and prior to the issuance of building permits. 225. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the County Water Works Manual. These standards specify: a. Each hydrant shall be a 6 inch wet barrel design, and shall have one 4 inch and one 2 J inch outlet. b. The required fire flow shall be achieved at no less than 20 psi residual pressure. C. Fire hydrants shall be spaced 300 feet on center, and so located that no structure will be farther than 150 feet from any one hydrant. d. Fire hydrants shall be set back in from the curb face, 24 inches on center. 226. All grass or brush exposing any structures shall be cleared for a distance of 100 feet prior to framing. 227. An approved spark arrester shall be installed on all chimneys. California Administrative Code (Title 24- Section 2.1217 Requirements 228. Address numbers, a minimum of 4 inches high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are set back more than 150 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event the structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance. 229. Portions of this development may be in a hazardous fire area and those structures shall meet hazardous fire area building code requirements. 230. The Design Guidelines shall include a requirement that prior to preparation of building plans for new residential structures or additions to existing structures, the architect shall obtain VCFD Form No. 126, "Requirements for Construction." V. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITIONS 40 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 231. Prior to City approval of any grading permit for the project, the Applicant /Developer and the District shall enter into a contract for the relocation and /or modification of the existing wells on the property. The relocation plan shall address well locations, provisions for drilling additional wells if necessary (if existing wells are damaged during construction), relocation of conveyance structures, and other matters of mutual concern. A copy of the approved contract shall be submitted to the City. The Applicant /Developer shall be responsible for complying with all terms and conditions of the relocation contract. 232. Prior to issuance of Zoning Clearances for residential construction, the proposed infrastructure plan for the project shall be designed to place all required water, sewer, and reclaimed water conveyance facilities in the Gabbert Canyon alignment. The Applicant /Developer shall obtain all necessary right -of -way and easements to install the required infrastructure in this alignment. 233. Prior to issuance of a Zoning Clearance for a building permit, the applicant for service shall comply with the Ventura County Waterworks District No. 1 "Rules and Regulations" and any subsequent additions or revisions thereto. Ultra low plumbing fixtures are required in all new construction. Any requirements by the Fire Protection District, that are greater than Waterworks District No. 1 existing facilities are the responsibility of the Applicant /Developer. 234. Waterworks District No. 1 has an existing water transmission line, which shall be relocated at Applicant /Developer's cost, as approved by the District. 235. The Applicant /Developer shall be responsible to construct and pay for the required in -tract and off -site water, reclaimed water and sewer improvements necessary to serve the property. 236. Applicant /Developer shall be required to pay all applicable water capital improvement fees and sewer connection fees in accordance with the District's Rules and Regulations. VII. CALIFORNIA DEPARTMENT OF FISH AND GAME AND REGIONAL WATER QUALITY CONTROL BOARD CONDITIONS 237. Runoff from developed areas should be diverted to detention basins, or underground oil and grease traps or other Best Management Practices, as determined by the City Engineer. These devices should be designed by a registered civil engineer as part of the drainage improvement plans for the project. Because the ponds within the golf courses could contain pollutants that may be harmful to wildlife, their design and location should be reviewed by a concerned conservation agency such as the California Department of Fish and Game or a City approved biologist, prior to approval of the improvement plans by the City Engineer and Director of Community Development. The basins and traps would require periodic maintenance by the property owner, homeowners association, or other entities. Provisions shall be made by the applicant to provide for maintenance in perpetuity prior to Final Vesting Map approval. 238. All runoff from man made im rvious surfaces such as parking lots shall be filtered through grease/oil traps before discharge into drainage facilities leading offsite to minimize surface runoff of potential water contaminants. The contents of the traps shall be disposed per local and State regulations. 41 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 239. To the degree feasible (given elevation differences in the course design), drains placed under greens, tees, and fairways shall be directed into the on -site lakes. Collected water could be recycled for irrigation use. In areas where drainage to lakes is not possible, the use of impermeable membranes and other water quality protection features shall be considered for incorporation into the course design. VIII. ENVIRONMENTAL MITIGATION MEASURES APPLICABLE TO ALL PHASES OF THE FINAL VESTING MAP 240. The approved Mitigation Monitoring Program is included as Attachment 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 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. RPD -94 -1 CONDITIONS OF APPROVAL I. DEPARTMENT OF COMMIINITY DEVELOPMENT CONDITIONS Permitted Uses 1. The Residential Planned Development (RPD) Permit is granted for the land and project identified as Moorpark Country Club Estates Residential Project: General Plan Amendment No. 94 -1 (Medium Low Residential land use designation), Zone Change No. 94 -1 (RPD Zone), Phased Vesting Tentative Map No. 4928, and RPD Permit No. 94 -1. The location and design of all site improvements shall be as shown or described on the approved Vesting Tentative Map (Sheets 1 -4, dated March 26, 1996), RPD Permit conceptual landscape plans (Sheets 1 -4) modified to be consistent with the approved Vesting Tentative Map, Draft Architectural Design Guidelines (Attachment A), and approved mitigation monitoring program, except or unless indicated otherwise herein in the following conditions. Recordation of a final map is required prior to approval of a Zoning Clearance for a residential building permit in any phase as shown on Sheet 4 of the Vesting Tentative Map. City and Other Agency Regulations 2. The design, maintenance, and operation of the permit area and facilities thereon shall comply with all applicable regulations of the City Zoning and Municipal Code; all requirements and enactments of Federal, State, County, and City authorities; all City policies, procedures, and standards; and all such requirements and enactments shall, by reference, become conditions of this permit. 3. No conditions of this entitlement shall be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. All Vesting Tentative Map No. 4928 conditions of approval are applicable to RPD Permit No. 94 -1. Use Inauauration 4. Unless the project is inaugurated (rough grading and installation of major drainage systems, reclaimed water, sewer and potable water infrastructure, and "C" Street from Walnut Canyon Road to Grimes Canyon Road completed), not later than three (3) years after this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his discretion, grant up to one (1) additional year extension for project inauguration, as a Permit Adjustment, if there have been non - significant changes to adjacent land uses and if the Applicant /Developer can document that due diligence has been extended towards inauguration of the project during the initial three -year period. The request for extension of this entitlement shall be made at least 30 -days prior to the expiration date of the permit. Transfer or Assignment of the Permit 5. A transfer of this Residential Planned Development Permit (RPD) shall not be effective until the name and address of the transferee and the date when such transfer shall take place, together with a letter from the new owner certifying agreement to comply with all conditions of this permit is filed with, and acknowledged in writing by the Director of Community 1 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 Development. No later than ten (10) days after change of ownership or lessee of this property, the Director of Community Development shall be notified in writing, of the new owner or lessee. The same letter shall state that the new owner or lessee has read all conditions pertaining to this Permit and agrees with said conditions. Prohibited Uses /Modification to Permit 6. All facilities and uses other than those specifically requested in the application for Vesting Tentative Map No. 4928 and RPD Permit No. 94 -1 are prohibited. The location and design of all site improvements shall be as shown or described on the approved Vesting Tentative Map, and the attached Design Guidelines (Attachment 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 i nv a 1 id:: :'.::> ... ; - :- ,,,,;,;, :.:.:, .,.;.:.: .:. ; .,,;.:.;::. : ::. ©? .. Q 0 Q7#'� �7��7k.��O�i, 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 be acceptance of all conditions of this permit and all City Council approved mitigation measures. RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 Condition Compliance Costs 10. The subdivider shall pay all outstanding City case processing and environmental impact report related costs, and shall submit a deposit to cover all condition compliance and mitigation monitoring costs, prior to initiation of condition compliance review for approval of a grading permit, Final Map, or Zoning Clearance for any phase, and prior to submission of any plans for Building Inspector or City Engineer plan check. Environmental Ouality Assurance Program 11. The mitigation monitoring program shall be enforced through implementation of an Environmental Quality Assurance Program (EQAP) as recommended in the approved mitigation monitoring program. The EQAP shall be implemented through the City. The Applicant /Developer shall pay for 100 percent of the City's cost, including administrative fee, to hire a qualified consulting firm to monitor grading, construction, and mitigation compliance. General procedures governing the EQAP, which implement California Environmental Quality Act (CEQA) Mitigation Monitoring Requirements, shall govern this monitoring effort. Zoning Clearance 12. Prior to submittal of construction plans for plan check or initiation of any grading or other construction activity, a Zoning Clearance shall be obtained from the Department of Community Development. Three complete sets of all final construction plans (including but not limited to grading and drainage plans; plot plans; signage, fencing, and wall plans; and landscaping and irrigation plans) shall be submitted to the Director of Community Development for Zoning Clearance review and approval. Hold Harmless Agreement 13. Prior to Zoning Clearance approval, construction plans may be submitted to the Building and Safety Department and City Engineer for plan check with a City approved Hold Harmless Agreement. Citywide Traffic Mitigation Fee 14. The Applicant /Developer shall pay a Citywide traffic mitigation fee of $3,000 per dwelling unit, prior to issuance of a Zoning Clearance ree iaentitied in this condition shall be adjusted annuaTTy (commencing 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. Air Quality Mitigation Fee 15. The Applicant /Developer shall pay an air quality mitigation fee of $811 per dwelling unit, prior to issuance of a Zoning Clearance to allow plans to be submitted for building permit plan check. School Assessment Fees 3 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 16. Prior to issuance of a building permit for any phase of the Project, the Applicant /Developer shall pay all school assessment fees levied by the Moorpark Unified School District. Assessment District for "C" Street Common Maintenance Area Improvements 17. Except for the street improvements, maintenance responsibility for the other "C" Street "Common Maintenance Areas ", including but not limited to the landscaping improvements in the parkway, medians, and at the 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 Common Maintenance Area improvements and maintaining such Common Maintenance Area improvements, to the City's specifications and satisfaction, until acceptance by the City for inclusion in the assessment district. Acceptance of Common Maintenance Area improvements for assessment district maintenance purposes shall not occur until one year after the last residential unit 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. CC &R's and Desian Guidelines RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 20. The CC &R's shall also include all Vesting Tentative Map and RPD Permit conditions of approval, that have been identified by the Director of Community Development for inclusion, as well as the Design Guidelines. The final Design Guidelines for this RPD Permit shall be approved by the Director of Community Development at the time of review of CC &R's, which shall occur prior to the submittal of the CC &R's to the State Department of Real Estate and any lot sales. The Homeowners' Association(s) shall be responsible for monitoring compliance with the approved Design Guidelines for all new construction and remodeling within the development. The Director of Community Development shall ensure compliance with the Design Guidelines through review of all Zoning Clearance and Administrative Permit applications for residential construction. CC &R Recruirements for Construction The following shall be included as requirements and limitations for construction in the Design Guidelines: a. 100 -Foot Easement: No structures of any kind or size, with the exception of drainage structures and infrastructure required by the City or other public agency, shall be allowed within the 100 -foot non - buildable, restricted -use easement, shown on the Vesting Tentative Map and required to be recorded in conjunction with Final Map approval. The landscaping within such easement shall be consistent with the Fire Hazard Reduction Program that is required to be prepared prior to recordation of Phase 1 of the Final Vesting Map (reference Ventura County Fire Prevention District conditions). b. California Administrative Code: All residential units constructed in the subdivision shall comply with Chapter 2 -53 of Part 2 and Chapter 4 -10 of Part 4, of Title 24 of the California Administrative Code. C. Earthquake Design Requirements: All habitable structures shall be designed according to the most recent UBC requirements to accommodate structural impacts from ground acceleration and maximum credible earthquake event. d. Drainage Between Lots: No structures, walls, or fences shall be erected which impede or restrict flow of drainage waters between lots. e. Roofing Materials: Use of wood or asphalt shingles as roofing materials shall be prohibited. f. Energy Saving Devices: All residential units shall be constructed employing energy saving devices. These devices are to include, but are not limited to the following: i. Ultra low flush toilets (to not exceed three and one -half gallons); ii. Low water use shower controllers as required by Title 24 of the Uniform Building Code shall be placed on all shower facilities; iii. Natural gas fueled stoves, ovens and ranges shall not have continuous burning pilot lights; iv. All thermostats connected to the main space heating source shall have night set back features; 5 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 V. To ensure closure when not in use kitchen ventilation systems shall have automatic dampers; and vi. Hot water solar panel stub -outs shall be provided. g. Exterior Building Materials and Colors: All exterior building materials and paint colors shall be approved by the Director of Community Development to ensure compatibility with the Design Guidelines and with adjacent development. h. Rain Gutters and Downspouts: Non - corrosive rain gutters and downspouts shall be provided on all sides of dwelling units. Water shall be conveyed to the street or drives, as determined by the drainage plan. i. Roof Equipment: All roof jacks and metal flashing shall be painted to match the roof color. Roof mounted equipment shall be prohibited. All deck drains shall drain to the side, not the front facing any private or public street. j. Solar Panels: Solar panels, such as for heating swimming pool(s), shall be subject to the approval of the Director of Community Development prior to the issuance of a Zoning Clearance. All solar panels shall be designed so as to be part of the overall design of the structure supporting it. k. Water Heater Vents: Water heater vents shall be located so as to not be visible from a front elevation viewpoint. 1. Stucco Finishes: Stucco finishes applied mechanically shall contain the smallest sand grit sizes feasible. Stucco finishes shall not be textured. The design objective of stucco application is to obtain a smooth trowel finish, to the degree feasible, without requiring hand troweling or dry - polishing during finish coat application. M. Asbestos Prohibited: No asbestos pipe or construction materials shall be used in the development of homes associated with this permit. n. Lighting Restrictions: Front and rear yard lighting restrictions shall be included to ensure compatibility with the surrounding rural neighborhoods. All exterior lighting shall be fully hooded and shielded. o. Graffiti Removal: Any graffiti on Homeowners' Association maintained property shall be removed within five (5) days from written notification by the City of Moorpark. All such graffiti removal shall be completed to the satisfaction of the City. p. Maintain Tract and 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. C7 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 r. Fire Protection Features: All structures adjacent to open space, around the perimeter of the project, shall be designed to satisfy at least a one hour fire - resistant rating. Such structures shall incorporate fire retarding features including, but not limited to, boxed -in eaves, reduced overhangs, double -paned windows, convection resistant roof design, non - combustible roofing material, and related design features. The County Fire Protection District shall review this component of the Design Guidelines prior to approval by the Director of Community Development. Gateway Entrance Monumentation Streetscape Standards and Neighborhood Design Form 21. Both the eastern and western "C" Street entrances to the proposed project shall provide residential community entry monumentation signage and appropriate landscaping at entry points. A sign program shall be submitted to the Director of Community Development for review and approval prior to the first residential occupancy. An orderly and consistent street tree planting program shall be required for both entranceways to provide a landscaping pattern that resembles a rural ranch entry road design. Trees shall be spaced at equal intervals or clustered as approved by the Director of Community Development. Recommended tree plantings for these entry points and along "C" Street shall include the non - natives typically used in ranch settings for entryways including pepper, eucalyptus, and olive trees. Other street tree plantings shall be consistent with the Ventura County Guide to Landscape Plans. The Director of Community Development shall review and approve all gateway, streetscape, and street tree planting programs for the project prior to Zoning Clearance for the first residential unit, and all such landscaping for each approved phase shall be installed prior to the first occupancy for that phase. Ridge Setback and Planting 22. The eastern perimeter of the project shall be setback from the ridge system visible along Walnut Canyon Road to the satisfaction of the Director of Community Development. Landscaping around this ridge system, once it is restored, shall emphasize reestablishment of existing native and non - native habitat (such as naturalized ranch tree species). The landscaping program on the eastern perimeter shall emphasize restoration of the existing vegetation and on the west side, the program shall emphasize the use of variable sized tree lined streets to minimize the adverse effects of the urban design planned along this perimeter. Slopes facing Walnut Canyon and Grimes Canyon Roads shall be retained in a natural- appearing condition. Grading Restrictions for Easterly Residential Lots 23. The rough 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) 24. The CC &R's and Design Guidelines shall include reference to the recorded easement shown on the Vesting Tentative Map as a 100 -foot, non - buildable, restricted -use easement. No structures of any kind or size, with the exception of drainage structures and infrastructure required by the City or other public agency, shall be allowed within the 100 -foot easement, and RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 the landscaping within such easement shall be required to be consistent with the Fire Hazard Reduction Program that will be prepared prior to recordation of Phase 1 of the Final Vesting Map. Deed Restriction 25. The Applicant /Developer shall record a deed restriction intended to inform all prospective buyers of residential lots of the restrictions of the 100 - foot non - buildable, restricted -use easement and of the adjacent agricultural operations. Prior to issuance of a Zoning Clearance for the first residential structure, the Applicant /Developer shall submit to the Director of Community Development proof of said deed restriction recordation and home buyer acknowledgment. Residential Architectural Design Standards and Guidelines 26. Detailed information about residential project design features for each residential structure or for each phase of development shall be submitted to the Director of Community Development for review and approval. This detailed information shall comply, to the extent feasible, with the design guidelines and development standards contained in the City's Hillside Management Ordinance. The street widths, streetscape patterns, lighting, and parkway concept for the residential areas shall assure a decidedly rural aesthetic. Accomplishment of this objective may involve providing for rolled curbs, low intensity decorative lighting along minor streets, the use of decorative boundary fencing along streets, and other features. Final residential development requirements concerning landscaping, streetscape, the architecture of residential units, lighting, and all other Design Guidelines subjects shall be provided to the Director of Community Development in the Final Moorpark Country Club Estates Residential Design Guidelines, to be approved by the Director at the time of review of proposed CC &R's and prior to lot sales. Lighting Restrictions 27. Street lighting and rural lot lighting standards shall be as specified in the Design Guidelines and approved mitigation monitoring program and shall be incorporated into the project photometric plans. Street lighting along "C" Street shall be provided consistent with City standards; all other entrance lighting along project access roads shall be compatible with the surrounding rural neighborhoods. Low intensity night lighting shall be required within the streetscape; however, at intersections, brighter lighting complying with County and City intersection safety standards shall be required. Front and rear yard lighting restrictions for residential properties shall be included in the project CC &R's and Design Guidelines. Landscaping Requirements for Common Maintenance Areas 28. Prior to the recordation of each applicable phase of development, two (2) sets of Landscaping and Irrigation Plans, together with a maintenance program, shall be prepared by a State - licensed Landscape Architect for the Common Maintenance Areas for the tract. The plans shall be in accordance with the Ventura County Guide to Landscape Plans, and applicable City policies, plans and ordinances, and shall be submitted to the Director of Community Development for review and approval. The Applicant /Developer shall bear the full cost of plan review, installation, and final inspection. The landscaping for the Common Maintenance Areas in each approved phase of development shall be installed and receive final inspection and approval prior to the first occupancy in each phase. (The RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 landscaping for "C" Street is required to be installed prior to the first golf course occupancy; however, if residential development precedes golf course construction, the landscaping for "C" Street shall be installed and receive final inspection and approval prior to the first residential occupancy.) The landscape plan shall include planting and irrigation specifications for manufactured slopes over three (3) feet in height, and all common areas proposed to be maintained by a Homeowners' Association. The purpose of the landscaping shall be to control erosion, prevent aesthetic impacts to adjacent property owners, mitigate the visual impacts of all manufactured slopes three (3) feet or more in height, replace mature trees lost as a result of construction, and provide a landscaping pattern along the streets and entranceways that resembles a rural ranch design. The Landscaping and Irrigation Plans shall include landscaping specifications, planting details, and design specifications consistent with the following requirements: a. Irrigation: Irrigation shall be provided for all permanent landscaping identified in the approved landscape plan. The subdivider shall be responsible for maintaining the irrigation system and all landscaping until such time as a Homeowners' Association, assessment district, or similar entity approved by the City accepts the responsibility. b. Tree Report: The information contained in the Final Vesting Map No. 4928 Tree Report, regarding which trees are to be saved or retained on the site, shall be noted on the landscape plan. C. Tree Replacement: The landscape plan for "C" Street and the entranceways at Walnut Canyon and Gabbert Canyon Roads shall specify how trees removed during the rough and fine grading phases of the project will be replaced in accordance with Municipal Code requirements. d. Streetscape Elements: The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths within the limit of the RPD Permit. e. Streetscape Appearance: All landscaped pedestrian walkways shall be designed to provide an aesthetically pleasing streetscape appearance and shall be subject to approval of the Director of Community Development. All 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. RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 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(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, 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. 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. p. Turf Plantings: Any turf plantings shall be drought tolerant, low water -using varieties. Surety for Rouah Gradina 29. A rough grading permit shall not be approved until: 1) an early grading agreement is approved and signed by the City Manager; and 2) the City Engineer, and the Director of Community Development approve the acceptance of a Performance Bond to guarantee implementation of the erosion control plan, and completion of the rough grading; construction of "C" Street and all related improvements including landscaping; construction of Walnut Canyon Road and Grimes Canyon Road improvements, including required off - site improvements; construction of potable and reclaimed water line extensions and two water tanks; construction of sewer line extensions; construction of all required drainage improvements; and implementation and maintenance of habitat restoration (as required by the mitigation monitoring program). In the case of failure to comply with this condition, the City Council may by resolution declare the surety forfeited. Upon completion of rough grading and erosion control plan compliance to the satisfaction of the City, and following recordation of all phases of the 10 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 Final Vesting Map, the City Council may reduce the amount of the bond; however, the bond must be kept in full force and effect for a minimum of one year following rough grading to ensure adequate erosion control and revegetation. Surety for Common Maintenance Area Improvements 30. No Zoning Clearance shall be issued for grading or other construction activities, until all on -site improvements specified in this permit have been provided, or the Director of Community Development approves the acceptance of a Performance Bond to guarantee the construction, installation, and maintenance of Common Maintenance Area improvements for each phase of the residential development including, but not limited to perimeter tract walls (including stucco treatment), fences, median and parkway landscaping, slope planting, irrigation, and other landscape improvements. On -site improvements shall be completed within 120 days of issuance of the first Certificate of Occupancy for each phase. In case of failure to comply with any term or provision of this condition, the City Council may by resolution declare the surety forfeited. Upon full completion of the required improvements to the satisfaction of the City, the City Council may reduce the amount of the bond; however, the bond must be kept in full force and effect for one year after the last residential occupancy for each phase to guarantee that items, other than landscaping, such as, but not limited to, perimeter tract walls, including stucco treatment, fences, slope planting or other related improvements are maintained. Surety for Reclaimed Water Facilities and Infrastructure 31. Reclaimed water shall be used for all public and private Common Maintenance Area landscaping irrigation. Prior to rough grading permit approval, the City Engineer shall require surety for the construction of the reclaimed water facilities and infrastructure. Landscaping Requirements for Individual Residential Lots 32. The CC &R's and Design Guidelines shall include landscaping requirements for each residential property. Prior to the issuance of a Zoning Clearance for each residential unit or phase of residential development, three sets of Landscaping and Irrigation Plans shall be submitted to the Director of Community Development for review and approval. The Landscaping and Irrigation Plans shall be prepared by a State - Licensed Landscape Architect and shall be in accordance with the Ventura County Guide to Landscape Plans, and applicable City policies, plans and ordinances. The applicant shall bear the full cost of plan review and final inspection. The Landscaping and Irrigation Plans shall include landscaping specifications, planting details, and design specifications consistent with the following requirements: a. Landscaping Near Intersections: Landscaping near street intersections shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. b. Security: Landscaping shall be designed so as to not obstruct the view of any exterior door or window from the street. C. Trees Prohibited Under Street Lights: Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. 11 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 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 33. A perimeter boundary fencing /wall plan is required to be submitted for the Director of Community Development's approval, prior to approval of the first phase of Final Vesting Map No. 4928. The perimeter boundary fencing /wall plan shall include the type, height, and location of all fencing and /or walls to be installed along the perimeter of the entire project site and along "C" Street. Boundary perimeter fencing or walls shall be installed prior to the first residential or golf course occupancy in each phase. Perimeter boundary fencing 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 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 34. All property line fencing or walls shall be constructed consistent with the Design Guidelines requirements, and shall be no further than one inch from the property line. Noise Management 35. The interior noise levels of dwelling units on lots bordering Walnut Canyon and Grimes Canyon Roads shall conform with the noise insulation standards of Chapter 1, Article 4, Section 1092 of Title 25 of the California Administrative Code. Noise source levels shall be based upon the traffic volumes projected for the Year 2010 along Walnut Canyon and Grimes Canyon Roads, as predicted in the traffic technical report in the environmental document for this project. Determination as to whether the architectural design for these dwelling units complies with this condition shall be made by the Building Department and Director of Community Development prior to the issuance of building permits. General Grading Sequence 36. Rough and fine grading permits shall be required to complete construction of required residential and golf course infrastructure and lots: 1) a mass or rough grading permit shall be approved prior to recordation of Phase 1 of the Final Vesting Map, subject to submittal and approval of an early grading agreement, compliance with other conditions of approval, and provision of surety to guarantee implementation of the erosion control 12 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 plan and completion of rough grading, construction of "C" Street and all related improvements including landscaping, construction of Walnut Canyon Road and Grimes Canyon Road improvements including required off -site improvements, construction of potable and reclaimed water line extensions and two water tanks, construction of sewer line extensions, construction of all required drainage improvements, and implementation and maintenance of habitat restoration (as required by the mitigation monitoring program); and 2) subsequent fine grading permits shall be issued for individual phases of the Final Vesting Map after recordation. Contour Grading 37. Rough and fine grading plans must conform with the principles of contour grading. Manufactured landforms shall be contoured and use daylight grading techniques to provide a smooth and gradual transition of graded and natural slopes, while preserving the basic character of the surrounding ridgelines of the site. All grading plans for lots shall be reviewed for compliance with these principles by the Director of Community Development and the City Engineer. Also, the grading plan shall indicate the manner in which the graded slopes shall be blended with the natural slope of the site. Temporary Irrigation for Erosion Control Landscaping 38. Temporary irrigation shall be provided for all non permanent erosion control landscaping until it is replaced with permanent irrigation unless otherwise approved by the Director of Community Development. Temporary irrigation must be replaced with permanent irrigation prior to issuance of a Zoning Clearance for the first building permit in each phase unless drought tolerant plants selected do not require permanent irrigation. Stabilize Slopes 39. Planned vegetation, irrigation, structures, roadways, paths, and continuing maintenance programs shall be used to stabilize manufactured slopes. Aesthetic Treatment of Manufactured Slopes 40. Suitable quantities of trees massed near the landform crest and shrubs of varying sizes on graded slopes shall be used to screen structures and to soften the visual appearance of the manufactured slopes. Drainage Between Lots 41. Cross lot drainage shall not be allowed; all lots shall drain directly to an approved drainage system. Drainage Structures 42. Concrete drainage structures shall be tan colored concrete and, to the extent possible, shall incorporate natural structure and landscape to reduce their visibility. Water Tanks 43. Prior to approval of Phase 1 of the Final Vesting Map, the subdivider shall work with Waterworks District No. 1 to ensure that any water tank on the project site shall be painted an earthtone color, such as tan, and screened with an earthen berm and drought tolerant landscaping to minimize visual impacts. The tank color and landscaping plan shall be approved by 13 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 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. Calleauas Municipal Water District Release 44. Prior to issuance of the first Zoning Clearance for each Phase of development permitted under Vesting Map entitlements, the developer shall demonstrate by possession of a District Release from the Calleguas Municipal Water District that arrangements for payment of the Construction Charge applicable to the proposed project have been made. The Applicant /Developer shall also be required to comply with Ventura County Waterworks No. 1 Rules and Regulations, including payment of all applicable fees. Cross Connection Control Devices 45. At the time water service connection is made for each project, cross connection control devices shall be installed for the water system in a manner approved by the County Waterworks District No. 1. Water Well Relocation or Modification 46. Relocation and /or modification of the existing wells on the property shall be subject to the approval of Waterworks District No. 1 and the Director of Community Development. Screening shall be required including, but not limited to, walls or an 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 47. Television cable service shall be provided to all residential units consistent with City cable system requirements. Undergrounding of cable wires is required and no lines shall be allowed to be extended along the exterior walls of the residential buildings. Undergrounding of Utilities 48. Prior to approval of any phase of the Final Vesting Map, the subdivider shall post sufficient surety to assure that all proposed utility lines designed to serve the proposed project, both within and immediately adjacent to the project site, shall be placed underground to the nearest off -site utility pole. All existing utilities shall also be undergrounded to the nearest off -site utility pole with the exception of 66 KV or larger power lines. This requirement for undergrounding includes all above - ground power poles on the project site as well as those along the frontage of the site adjacent to Walnut Canyon and Grimes Canyon Roads. The subdivider shall indicate in writing how this condition will be satisfied. Declaration of Public Nuisance 49. The continued maintenance of the Common Maintenance Areas shall be subject to periodic inspection by the City. The Applicant /Developer or responsible Homeowners' Association, assessment district or similar maintenance entity, shall be required to remedy any defects in ground 14 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 maintenance, as indicated in writing by the City, within five (5) days after notification. The Director of Community Development may declare a development project or individual property that is not in compliance with the Conditions of Approval, or for some other just cause, a "public nuisance ". The subdivider /developer, Homeowners' Association, or each individual property owner, as applicable, shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the Conditions of Approval or applicable codes. The City may enact special assessment proceedings against the parcel of land upon which the nuisance existed to pay all City costs related to abatement of the nuisance (Municipal Code Section 1.12.080). Unconditional Will Serve Letter 50. Prior to issuance of a building permit for any phase of the project, an "Unconditional Will Serve Letter" for water and sewer service shall be obtained from the Ventura County Waterworks District No. 1. State Department of Fish and Game Notice of Determination Filing Fee 51. 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 ISSUANCE OF A GRADING PERMIT z%M ROUGH GRADING, THE FbLZOWING CONDITIONS SHALL BE SATISFIED: General Requirements 52. The Applicant /Developer shall have received City Council approval for all phases of Final Map No. 4928 and the staged grading exhibit and schedule. 53. The final design for the project entrance(s) shall be reviewed and approved by the Director of Community Development Department and City Engineer. PRIOR TO ZONING C E RAUCLU APPROVAL FOR TIC aW<BUILDING PERMIT FOR EACH RESIDENTIAL 4V, TBE F10LLOi G CONDITIONS SHALL BE SATISFIED: 54. Prior to pay to tne City the os ge es venue Area of Contribution (AOC) Fee, which shall be the dollar amount in effect at the time the fee is paid. 55. Prior to zne Uity the Gabbert /Casey Road Area of°Contribution (AOC) Fee, shall be the dollar amount in effect at the time the fee is paid. 15 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 PRIOR TO OCCUPANCY OF THE FIRST RESIDENTIAL UNIT OR GOLF COURSE FACILITY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 56. All habitable structures shall have been designed according to the most recent UBC requirements to accommodate structural impacts from ground acceleration and a maximum credible earthquake event. 57. City Ordinance No. 100 and the Federal Emergency Management Agency (FEMA), require updating of the National Flood Insurance Program maps for affected areas whenever any alteration of the watercourse is made. If a FIRM map revision is necessary, all materials required by FEMA for a map revision shall be provided to the City Engineer's office. This material will demonstrate the revised flood plain locations following development. This information will be forwarded by the City Engineer to the FEMA for review and updating of the National Flood Insurance Program maps. If updates to the flood zone have been made a conditional letter of map revision shall be provided to the City prior to issuance of a zone clearance for occupancy of the first residential unit. The subdivider will be responsible for all coats charged by the FEMA and the City's administrative costs. Street Improvements Walnut Canyon Road: 58. Prior to occupancy of the first residential unit of Tract 4928, the developer shall have improved Walnut Canyon Road per Ventura County Standard Plate B -7B and as shown on sheet 3 of 4 of approved Vesting Tentative Tract 4928. 59. The improvements on Walnut Canyon Road shall provide a 13 foot northbound through lane, 12 foot northbound left turn lane, 12 foot southbound right turn lane, 13 foot southbound through lane, 12 foot south bound acceleration lane (south of the "C" street intersection) with 10 foot paved shoulders on each side consistent with Sheet 3 of 4 of the approved Vesting Tentative Map No. 4928. 60. The primary project collector street intersection with Walnut Canyon Road (State 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 Bight-distance or turning movement operations. Grimes Canyon Road: 10. RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 61. 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 of 4 of approved Vesting Tentative Tract 4928. The (60 foot ROW) shall be widened as necessary to construct: a dedicated 12 foot southbound left, 13 foot northbound right turn lane, and 16 foot through lane for the project entrance with street, and 10 foot wide paved shoulders. 62. Prior to occupancy of the first residential unit of Tract 4928, the intersection improvements to the Grimes Canyon Road and the Grimes Canyon /Highway 118 (Los Angeles Avenue) intersection shall be completed. The existing improvements shall be modified to provide a southbound left turn pocket on Grimes Canyon Road and westbound right turn lane on Los Angeles Avenue. Modifications shall also be made at the railroad crossing adjacent to this intersection to improve the safety of this location. In addition, a median acceleration lane shall be provided for southbound traffic turning eastbound along State Route 118. Plans for modification Of the Los Angeles Avenue (State Route 118)/Grimes Road intersection, shall be reviewed and approved by the City and Canyon Plans for modification of the railroad crossing shall be reviewed and study approved by the Southern Pacific Railroad and the City. A sight distance shall also be conducted as part of the intersection and railroad crossing modifications. Interior Streets: Public Streets: 63. Prior to occupancy of the first residential unit of Tract 4928, "C" Street shall be completed per Ventura County Standard Plate B -4A modified to have a sixty (60) foot right of way and configured to provide the following cross section as shown on sheet 1 of 4 of approved Tentative Map 4928: 1 -six (6) foot sidewalk located within the southerly 18 -foot parkway 2 -eight (8) foot bikelanes 2- twelve (12) foot travel lanes 1 fourteen (14) foot median at "C" Street Entranceways Left Turn Pocket at all Cross- streets (not including three -way stop at clubhouse entry drive) The northerly parkway shall maintain a 2 percent slope for a minimum distance of 5 feet from the proposed back of curb. Rolled curbs shall be permitted providing no design /drainage constraints prevent their use. A 3 -way stop sign shall be provided at the intersection of "C" Street and the clubhouse entry drive. To avoid conflicts with traffic on "C" Street a tunnel or similar underbridge accessway, shall be constructed under the "C" Street bridge to enable connecting the 14th and the 15th holes for the West golf course. The tunnels shall be constructed to specifications approved by the City Engineer. Left turn storage lanes are re ired at all publc and intersections on "C" Street. Adequate intersection right'-of way shall private provided for constructing all left -turn pockets without decreasing other lane width and parkway requirements. Private Streets: 64. Private Streets and cul -de -sacs shall conform to the Case A and Case B cross sections as depicted on Sheets 1 of 4 of the approved tentative map. All shoulders shall be paved with stamped concrete unless otherwise 17 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 approved by the Director of Community Development. The color of the stamped concrete shall also be approved by the Director of Community Development. Cul -de -sacs having a sump drainage configuration shall provide alternate escape routes for water without creating any adverse impact to private property. 65. All interior streets shall be completed as the phasing plan requires and as directed by the City Engineer. Utilities 66. Utilities, facilities and services for the project area shall have been extended and /or constructed, in conjunction with phased development of the tract by the developer, as the project proceeds. 67. Installation of all electrical, natural gas, telephone and provision for solid waste collection services and cable television to the Project Area will be completed. Solid waste collection will be provided by private companies as regulated by the City. These services will be phased in conjunction with development of the project area. DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLY: 68. Grading may occur during the rainy season from October 15 to April 15 if approved by the City of Moorpark and subject to installation of debris and erosion control facilities. Erosion control measures shall be in place and functional between October 15th and April 15th. Along with the erosion control measures, hydroseeding of all graded slopes shall be required within 30 days of completion of grading. 69. That prior to any work being conducted within the State, County, or City right of way, the subdivider shall obtain all necessary encroachment permits from the appropriate Agencies. 70. All unimproved areas with vehicle traffic shall be watered periodically and the vehicle speed shall be limited to 15 mph. 71. During site preparation and construction, minimize disturbance of natural ground cover on the project site until such activity is required for grading and construction purposes. 72. During clearing, grading, earth moving or excavation operations, dust emissions should be controlled by regular watering with reclaimed water, if available, paving construction roads and other dust prevention measures. The Applicant /Developer shall submit a dust control plan, acceptable to the city, concurrently with submittal of the rough (as opposed to the fine) grading plan. This plan shall include, but is not be limited to the following measures: a. Water all site access roads and material excavated or graded on or Off-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 E�:3 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 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. 9• Apply nonhazardous chemical stabilizers to all inactive portions of the construction site. When appropriate, seed exposed surfaces with a fast - growing, soil- binding plant to reduce wind erosion and its contribution to local particulate levels. h• Observe a 15 mile per hour speed limit for the construction area. i• Periodically sweep public streets in the vicinity of the site to remove silt (i.e., fine earth material transported from the site by wind, vehicular activities, water runoff, etc.) which may have accumulated from construction activities. 73• The Applicant /Developer shall request that all employees involved in grading operations on the project wear face masks to reduce the inhalation of dust which may contain the fungus which causes San Joaquin Valley Fever. 74. Maintain equipment engines in good condition and in proper tune as per manufacturers, specifications to prevent excessive emissions. 75. All diesel engines used in construction equipments should use high pressure injectors. 76• All diesel engines used in construction equipments diesel fuel. shall use reformulated 77. During smog season (May- October) the City shall order that construction cease during Stage III alerts to minimize the number of vehicles and equipment operating, lower ozone levels and protect equipment operators from excessive smog levels. The city, at its discretion, may also limit construction during Stage II alerts. 78. During site preparation and construction, construct temporary storm water diversion structures per City of Moorpark standards. 79. Designated parking areas for construction worker vehicles and for materials storage and assembly shall be provided. These areas shall be set back as far as possible from or otherwise shielded from existing surrounding rural residential neighborhoods. 80. Immediately surrounding property owners shall be notified in writing on a monthly basis of construction schedules involving major grading. 81. Construction activities shall be limited to between the following hours: 6x .00 a.m. and 7:00 p.m. Monday through Friday, and b 9. 0 p.m. Saturday. Construction work on Saturdays will requi 00 re payment of a premium for City inspection services, and may be further restricted 19 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 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. 82. Truck noise from hauling operations shall be minimized through establish- ing hauling routes which avoid residential areas and requiring that "Jake Brakes" not be used along the haul route within the City. The hauling plan must be identified as part of the grading plan and approved by the City Engineer. 83. The Applicant /Developer shall ensure that construction equipment is fitted with modern sound - reduction equipment. 84. Equipment not in use for more than ten minutes should be turned off. 85. The fuel injection grading of all diesel engines used in construction equipment should be retarded two degrees from the manufacturer's recommendation. 86. Construction grading shall be discontinued on days for first stage ozone alerts (concentration of 0.20 ppm) as indicated at the Ventura County APCD air quality monitoring station closest to the City of Moorpark. Grading and excavation operations shall not resume until the first stage smog alert expires. 87. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriff's Department, and the City Construction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 88. The subdivider shall utilize all prudent and reasonable measures (including installation of a 6 foot high chain link fence around the construction sites or provision of a full time licensed security guard) to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury. PRIOR TO ACCEPTANCE OF PUBLIC ZNPROVEMENTS AND BOND EXONERATION, SHALL BE SATISFIED: THE FOLLOWING 89. Reproducible centerline tie sheets shall be Engineer's office. submitted to the City 90. The Applicant /Developer shall file for a time Engineer's office at least extension with the City six weeks in advance agreement to construct subdivision improvements. of expiration of the be in conformance with the applicable The fees required will ordinance section. 91. A copy of the recorded Map(B) shall be forwarded filing. to the City Engineer for 92. Sufficient surety in a form acceptable to the City guaranteeing the public improvements pertinent to each phase shall be provided. 93. All surety guaranteeing the public improvements shall remain in p lace 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 20 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 original issuance of the surety and shall be increased in like manner each year thereafter. 94. Original "as built" plans will be certified by the developer's civil engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 36 ", they must be resubmitted as "as builts" in a series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as builts" plans is required before a final inspection will be scheduled. III. CITY OF MOORPARK POLICE DEPARTMENT CONDITIONS CONSTRUCTION SITE SECURITY DURING GRADING OPERATIONS AND DURING CONSTRUCTION OF AL UNITS: INDIVIDUAL RESIDENTI 95. A licensed security guard is required during the construction phase, unless a 6 -foot high chain link fence is erected around the construction site. 96. Construction equipment, tools, etc., shall be properly secured during non- working hours. 97. All appliances (microwave ovens, dishwashers, trash compactors, etc.) shall be properly secured prior to installation during non - working hours. All serial numbers shall be recorded for identification purposes. 98. Contractors and sub - contractors shall contact the Moorpark Police Department for "Tailgate" meetings regarding loss prevention on the work site. PRIOR TO ZONING CLEARANCE /BUILDING PERMIT: 99. Lighting plans showing the type and location of all lighting devices shall be submitted to the Police Department for review and approval. 100. 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. 101. Front door entrances or entrance areas shall be visible from the street. PRIOR TO ISSUANCE OF AN OCCUPANCY PERMIT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 102. The address shall be clearly visible to approaching emergency vehicles, a minimum of 6 inches in height, and illuminated during hours of darkness. 103. 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. 104. 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. 105. No easy exterior access to the roof area of any structure, i.e. ladders, trees, high walls, etc. shall be permitted. 21 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 106. 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. 107. Peep holes and secondary locking devices shall be placed on all entry doors. 108. Upon occupancy by the owner or proprietor, each single unit in the development constructed under the same Residential Planned Development, shall have locks using combinations which are interchanging free from locks used in all other separate proprietorships or similar distinct occupancies. IV. VENTURA COUNTY FIRE PREVENTION DISTRICT CONDITIONS Fire Hazard Reduction Program 109. Prior to issuance of a rading permit or Zoning Clearance for any building permit, the Applicant)Developer shall retain a a registered landscape architect, familiar with the objectives of fuel management in wildland -urban interface, to prepare a Fire Hazard Reduction Program. This program shall be prepared in consultation with the County Fire Protection District and shall be approved by the Director of Community Development. The program shall apply to the 100 -foot non - buildable easement required by Vesting Tentative Map No. 4928 The landscape plan for the 100 -foot non - buildable easement shall include native species. a. The vegetation management requirements of the plan shall be clearly defined. The golf course operators and Homeowners Associations shall be responsible for implementing this program in perpetuity. Fuel modification zones are proposed to be retained in as natural a state as safety and fire regulations will permit. b. The fuel modification zone shall be designed by and planted under the supervision of a landscape architect with expertise in native plant materials and habitat restoration, with the approval of the Director of Community Development, to appear as a transition between the built environment and natural open space. C. Within the modification zone, native and non - native high -fuel vegetation will be removed and replaced with low -fuel vegetation. The height of plant materials will be kept to a minimum. Planting requirements include a combination of trees, shrubs, and groundcover. Irrigation will not be provided, except in established wet zones, unless necessitated by the plant materials used. 110. 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. 111. 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. 112. All grass or brush exposing any structures shall be cleared for a distance of 100 feet prior to framing. 113. An approved spark arrester shall be installed on all chimneys. 22 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 Road and Driveway Requirements 114. 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. 115. 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. 116. Access roads shall be installed with an all weather surface, suitable for access by Fire Department apparatus. 117. For residential streets without stamped concrete parking areas: Double loaded streets shall be a minimum of 36 feet wide with parking allowed on both sides. The rolled curbs shall not interfere with the width of the street and shall be provided outside of the required width. Single loaded streets shall be a minimum of 32 feet wide with parking allowed on one side only. The rolled curbs shall not interfere with the width of the street and shall be provided outside of the required width. 118. For residential streets with stamped concrete parking shoulders: Double loaded streets shall be a minimum of 28 feet of pavement with 6 foot stamped concrete shoulders on both sides. Shoulders shall encourage parking through signage or markings approved by the City Director of Community Development, City Public Works Director, and the Fire District. Single loaded streets shall be a minimum of 28 feet of pavement with a 6- foot stamped concrete shoulder on one side, and shall be posted with parking allowed on only one side. Signage and /or markings shall encourage parking on the stamped concrete in a manner approved by the City Director Of Community Development, City Director of Public District. Works, and the Fire 119. 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. 120. Access roads shall not exceed 15 percent grade. 121. 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. 122. 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. 123. 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. 124. 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. 125. 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. 23 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 Fire Hydrant /Fire Flow Requirements 126. 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. 127. 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. 128. 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 permits. issuance of building 129. 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 1 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 hydrant. from any one d. Fire hydrants shall be set back in from the curb face, 24 inches on center. California Administrative Code Title 24- Section 2.1217 Regui rements 130. Portions of this development may be in a hazardous fire area and those structures shall meet hazardous fire area building code requirements. 131. 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 132. Prior to City approval of an Applicant /Developer and the District ashall 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. 133. 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. 24 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. April 5, 1996 The Applicant /Developer shall obtain all necessary right -of -way and easements to install the required infrastructure in this alignment. 134. 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. 135. Waterworks District No. 1 has an existing water transmission line, which shall be relocated at Applicant /Developer's cost, as approved by the District. 136. 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. 137. 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 138. 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 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. 25 ATTACHMENT A. TRACT 4928 MOORPARK COUNTRY CLUB ESTATES ARCHITECTURAL DESIGN GUIDELINES by: BOLLINGER DEVELOPMENT CORP. GRADING Graded Lots ................................................... 12 12 ARCHITECTURAL IMPROVEMENTS 17 .................................... Colors....................................................... 12 Materials, Masonry and Siding 13 .................................... Simulated Materials 13 ............................................. Windows..................................................... 13 Roofs........................................................ 14 Facias....................................................... 14 Chimneys..................................................... 15 15 Skylights, Solariums, and Similar Improvements ....................... 15 SolarPanels .................................................. 15 Garages...................................................... 15 Detached Garages, Outbuildings, Pavilions, and Other Structures ......... 16 Patio Covers .................................................. 16 Driveways and Hardscape ........................................ 17 WALLS AND FENCING ............................................... 17 PrivacyWalls .................................................. 17 Retaining Wall ................................................. 17 Security and Decorative Fencing ................................... 18 Fencing Setbacks and Locations ................................... 18 Design and Height of Fencing ..................................... 18 Golf Course Fencing ............................................ 19 Driveway Gates ................................................ 19 ACCESSORY IMPROVEMENTS ....................................... 19 Mailboxes and Address Numbers .................................. 19 Mechanical, Air Conditioning and Pool Equipment ..................... 19 ENERGY CONSERVATION ............................................ 19 LANDSCAPING..................................................... 20 ClimateZone .................................................. 20 Landscape Intentions ............................................ 20 Plant Materials ................................................. 21 Ground Cover Materials .......................................... 22 Shrub Materials ................................................ 22 PalmTrees .................................................... 23 Plant Materials Not Suitable ....................................... 23 Vegetation Control .............................................. 24 For Native Grass Areas .......................................... 24 For Native Shrub Areas .......................................... 25 TENNIS COURTS AND SIMILAR IMPROVEMENTS ......................... 25 2 YARD AND SECURITY LIGHTING ....... ............................... 26 Exterior Lighting ................. ............................... 26 Entry Drive Lighting .............. ............................... 27 Safety Lighting .................. ............................... 27 Security Lighting ................ ............................... 27 Landscape Lighting .............. ............................... 27 VACANT LOTS ....................... ............................... 28 WINTERIZATION ..................... ............................... 28 3 EXHIBITS TO GUIDELINES: EXHIBIT NO. 1 .................. 2 .................. 3 .................. 4 .................. 5 .................. 6 .................. 7 .................. 8 .................. 9 .................. 10 .................. 11 .................. 12 .................. 13 .................. 14 .................. NAME WROUGHT IRON FENCING FENCING ON SLOPES SETBACKS FOR ENTRY GATES ENTRY GATE INTERCOM DESIGN GUIDELINES GRADING EXAMPLES HOW TO MEASURE BUILDING HEIGHT TWO -STORY LOW PROFILE EXAMPLES UHS -2 BUILDING MASSING TREE GROUPINGS APPLICATION CHECKLIST SCHEDULE OF FEES CONSTRUCTION PROCEDURES GLOSSARY OF TERMINOLOGY STATEMENT OF INTENT The following Architectural Guidelines have been adopted in accordance with Residential Planned Development Permit No. RPD -94 -1 and the Covenants, Conditions & Restrictions (CC &R's) for Tract 4928. They are established for the purpose of creating a rural type of development in the hills, surrounded by a landscape that merges with the natural landscape as well as the adjacent golf course. The Guidelines are intended also to enhance the value and attractiveness of the tract. This will be a community of select home sites surrounding two championship golf courses. The Architectural Committee encourages creative and innovative designs which are consistent with the development program for the Moorpark Country Club Estates as reflected by these Guidelines. These Guidelines are in addition to and exceed the minimum zoning code requirements of the City of Moorpark. More specific policies to be considered in applying these Guidelines are: (a) To achieve an integrated and harmonious development; (b) It is the intent of these guidelines to establish a harmonious residential area by the creative use of tempered traditional architectural designs; (c) To imitate nature in landscape design in order to best achieve a unifying landscape throughout these large home sites. This can be accomplished through use of a limited number of plant types and an informal grouping of the plant materials. The detailed landscape requirements must be followed; (d) If the style of a home is to be reminiscent of a cultural or historical style, that style should be developed using contemporary materials and methods of construction and be Western European in origin. Highly ornamented detailing characteristic of some historical styles will not be approved. House designs that are sympathetic to the terrain and the natural rural beauty of this development are strongly encouraged. Good architecture is of the utmost importance. Note that highly contemporary styles will not be approved. These Guidelines are intended to provide information concerning the basic criteria by which the Architectural Committee will evaluate design submissions. It is not the function of the Architectural Committee to create architectural statements or designs. The Architectural Committee is charged with the task of evaluating submittals by applicants and giving direction within the context of these Guidelines. Applicants must conform with the City of Moorpark Residential Planned Development Permit Conditions, as well as these Guidelines. 1 From this point, the guide is written in technical language for use by the professionals that you retain to assist you. COMPLIANCE PROCEDURES FOR ARCHITECTURAL REVIEW How to File: 1. Please obtain and read the Architectural Guidelines, CC &R's (you should receive from Escrow), Tract Conditions, Building Code and Residential Planned Development ( "RPD ") Conditions from the City. 2. All plans shall be prepared in accordance with generally accepted standards of professional practice. Architectural plans shall be prepared by a registered Architect and landscape plans shall be prepared by a registered Landscape Architect. 3. (Optional) Meet with a representative of the Architectural Committee to review the approval process. Bring plot plan and any other design drawings in for Conceptual Review (provide two copies). Revise the drawings per the Conceptual Review. 4. Submit to the Architectural Committee two sets of the following for Preliminary Review: (See detailed requirements pages 4 to 6). Pay Architectural Review Fee: (Contact Architectural Committee for a current fee schedule.) Use Exhibit #11 Checklist for each submittal. Plans which do not conform to the guidelines or other conditions shall be considered a Conceptual or Progress Review. Conceptual and Progress Reviews are good for six (6) months. Conceptual or Progress Reviews should be corrected and resubmitted for review. You should expect a three- to five - week turn around time. 5. When notified, pick up the review; check it over; make appointment with Architectural Committee staff if you have any questions. Give them an opportunity to be of help. 6. Make corrections as per Preliminary Review. Preliminary Approvals are valid for six (6) months. Submit two (2) complete revised sets to Architectural Committee for Final Review. Use Exhibit #11 checklist for submittal requirements. 7. Make final corrections from Final Review. If corrections were noted on your Final Review, they must be revised and submitted. Resubmit two sets of revised final plans. Plans must be resubmitted with thirty (30) days from the Final Review date. 2 8. Submit two (2) sets of plans incorporating any changes required by Final Review to the City Community Development Department, plus the signed Final Approval set from the Architectural Committee. Obtain the Zoning Clearance. 9. Submit the approved Zoning Clearance and two (2) sets of final building plans to the Building and Safety Department at the City. A copy of the final building plans should also be submitted to the Fire Department, and any other required body for review. Obtain the Building Permit. File a copy of the building permit with the Architectural Committee. 10. Any changes you desire to make after you have received Final Approval must be resubmitted to the Architectural Committee and City for review and approval prior to installation. 11. Final Approvals are valid for 180 days. ff work has not commenced within 180 days, the Architectural Committee, at its discretion, shall give written notice of a time extension. The notice may contain conditions of the extension. Extensions must be filed within the 180 day period. 12. The Zoning Clearance and Building Permit will also expire after 180 days if work is not commenced and any extension should be requested prior to expiration. Refer to Construction Procedures (Exhibit #13) for "how to build" information. 13. Failure to implement designs submitted by you and as approved by all applicable parties could result in withholding of occupancy permit, restricting Association privileges and imposing penalties. Definition of Improvements Requiring Approval. Improvements of any nature such as grading, excavating, landscaping, pools, rerouting of storm water, walling, fencing, bridging or structural construction, including the establishing of temporary structures or trailers shall not be allowed on any lot without having received prior Architectural Committee and City approval. Internal changes or modifications which cannot be viewed from the exterior do not require Architectural Committee approval. Services performed by the Architectural Committee include rendering opinions on questions of aesthetics as well as analysis of architectural plans. The Architectural Committee shall not render services or opinions regarding, but not limited to any work done by soils, civil, structural, electrical, mechanical engineering design, nor shall the Architectural Committee provide services or opinions regarding, but not limited to, any construction means, methods, sequences or techniques or any defects in plans or specifications that the Architectural Committee has rendered advisory opinions. 0 Security For Performance: The Architectural Committee in its reasonable judgment may impose performance guarantees (such as posting of a surety bond or cash deposit) or require the Applicant to pay for the cost of an on -site inspector to assure conformance with its approval where the Applicant or any individual or entity associated with Applicant in the improvement of the Lot, has previously violated prior approvals by the Committee or the Association. Prior to Final Approval of a Construction Compliance Deposit shall be required. Refer to the Construction Procedures (Exhibit #13) for this requirement. Application for Approval: This is a three step plan review process if all Conditions are met and presented. (1) Conceptual Review. Submit two sets of plans. (2) Preliminary Review. Two sets of sample boards and plans must be submitted for Preliminary Review (3) Final Review. Two sets of plans must be submitted for Final Review along with corrected color boards. One meeting may be scheduled with each review step. Contact the Committee to arrange. Plans which do not adequately satisfy the Committee's previous review comments will not be considered. (4) Progress Review. Additional steps are required for (5) site compliance and (6) site Final Review and Approval during and after construction. Refer to Construction Procedures (Exhibit #13) for information. One set from each submittal will be returned to the applicant with a stamp signed by a member of the Architectural Committee indicating the Architectural Committee's approval at each stage of approval. Any conditions of approval will be noted on the plans. Approvals are never given verbally. Final Approval is given only after all requirements for submittal have been satisfied. No construction or alteration may begin prior to receiving Final Architectural Committee Approval and the City of Moorpark approval. Approvals shall be based on the plans and drawings depicted only. If other plans and drawings reflect contradictions or revisions not shown clearly on all plans and drawings, such contradictions or revisions shall be deemed disapproved. All revisions or contradictions shall be identified and approved prior to construction. The Steps of Architectural Committee Process Are: Conceptual Review: Architectural Committee staff will, upon request, informally review concept plans prior to completion and submission of Preliminary Plans. The Conceptual Review is provided only for assistance in the preparation of preliminary plans and the interpretation of the guidelines to ensure that the project is within the intent of the guidelines. Conceptual reviews may also be required if a plan does not conform to the Architectural Guidelines or other Conditions. A plot plan (including any existing mature tree plotted accurately and a house footprint, existing and proposed grading and setbacks); floor plans and elevations are required for a Conceptual Review. This review can be of great assistance in saving time and may help speed approvals of future submittals. Items discussed or resolved during the 0 Conceptual Review will not be considered binding on the he part of either the Applicant or the Committee. No approvals are given with a Conceptual Review. 2. Preliminary Review and Approval: Preliminary plans are to be submitted as early in the design process as possible. Approval of Preliminary Plans is guidance for completion of Final Plans to be submitted for final Committee approval; it does not authorize proceeding with improvements to the property. Once these corrections cited have been made to preliminary plans it is not to be construed as final until a final review and approval are executed. 3. Final Review and Approval: One meeting may be scheduled. Final Plans are the final construction drawings incorporating any changes required to satisfy conditions of the Committee's approval of Preliminary plans. 4. Progress Reviews: Progress Reviews may be required if a plan does not conform to the Architectural Guidelines or other Conditions. No approvals are given with a Progress Review. Progress Reviews shall be surcharged per the fee schedule. 5. Site Compliance: Periodic site compliance visits by the Architectural Committee staff may occur. Issues which are of concern or in non - compliance with plans. Architectural Guidelines, or other Conditions may be cited. Refer to the Construction Procedures (Exhibit #13) "How To Build" information. Contact the Architectural Committee as stated on the notice of non - compliance. 6. Site Final Review and Approval: Upon completion of all improvements contact the Architectural Committee to request a site meeting. A review and approval will be provided to improvements which are consistent with the approved plans. Also contact City Community Development and Building and Safety Departments to obtain final building permit/occupancy approval. Preliminary Plans: Check Exhibit #11 for the list of the drawings required. Preliminary Plans shall be sufficiently detailed to describe the general extent and character of the proposed project. Partial submittals will not be given approvals. Plans submitted for Preliminary Approval shall consist of the following minimum materials: 1. Requirements for Plot Plan and Grading Plan: Sit plans are very important to have verified with site conditions. Survey plans shall be provided for all sites. (a) The owner's name, address, lot number and tract number will be shown on all sheets. Copy of the Title Report listing all easements, right -of -way or other matter of record. 5 (b) Preliminary Plot Plans and Grading Plans shall be drawn at a scale not less than 1" = 20'0" and shall indicate the location of proposed improvements relative to the property lines. For large sites 1" = 40'0" may be allowed for overall site, but 1" = 20'0" shall be provided for areas adjacent to proposed grading and structures. Plans and sections shall be drawn at equal scales. (c) The location of proposed improvements relative to the property lines shall be indicated with setbacks dimensioned. The location of proposed improvements relative to the adjacent slopes shall be indicated with setbacks dimensioned. (d) BE SURE ALL EASEMENTS AND RESTRICTIONS ON THE LOT ARE SHOWN ACCURATELY. (e) Existing topography and proposed finish grading shall be shown. Existing contours shall be solid lines and the proposed shall be dashed lines. (f) The location and finish floor (F.F.) or finish surface (F.S.) elevation of buildings, driveways, walks, retaining walls, et cetera, shall be shown on plans.- Indicate top of wall elevations and overall wall height in all cases. (g) All proposed or existing drainage systems shall be shown. Drainage systems shall be reviewed and approved by the City. 2. General Conditions: (a) Each lot must have separate sets of drawings for each submittal. No design or alternative in plan or elevation may be repeated more than six (6) times in this tract. (b) Site Sections: Site sections shall be drawn at a scale equal to the site plan and survey and shall be sufficiently detailed to indicate the existing and proposed topography, retaining walls, building siting. (c) Floor Plans: Preliminary Floor Plans shall be drawn at a scale not less than 1/8" = 1'0" and shall be sufficiently detailed to indicate the proposed use of interior spaces, location of doors and windows, and overall building dimensions. This must also include area calculations of each floor level as required for building massing and setbacks. Please note that two -story volume is considered floor area on the second floor. (d) Roof Plan: Preliminary Roof Plans shall be drawn at a scale not less than 1/8" = 1'0" and shall be sufficiently detailed to indicate ridge and valley locations, roof overhang dimensions, roofing materials, slopes, skylights, solar panels, and chimneys. N. (e) Exterior Elevations: Exterior Elevations shall be drawn at a scale not less than 1/8" = 1'0" and shall be sufficiently detailed and labeled to indicate proposed exterior materials and finishes, window and door types, floor -to- floor dimensions, and overall building dimensions, existing and proposed topography. (f) Building Sections: Building Sections shall be keyed to plan and drawn at appropriate scales not less than 1/8" = 1'0" to explain typical and special details of construction, window and door types, floor -to- floor, floor -to- plate, and floor -to -ridge heights as well as overall building dimensions, existing and proposed topography. (g) Landscape Plans: Landscape Plans shall be drawn at a scale not less than 1" = 20'0" or 1" = 40'0" for large sites with all work adjacent to slopes and structures shown at 1" = 10'0 ". The preliminary landscape plan should consist of accurate existing mature tree locations and any retaining wall locations with existing and proposed grades. Indicate the location of the house accurately. In subsequent submittals landscape shall be sufficiently detailed to indicate the location, kind and size of all proposed planting materials and other landscape features, including pools, fences, walls, hardscape, mailbox, equipment enclosures, et cetera. (h) Materials and Color Samples: Samples of exterior materials and finishes as noted on the Preliminary Plans shall be affixed to a stiff cardboard sheet not larger than 8 -1/2" x 11 ". Preliminary proposals for other categories of exterior improvements (lighting fixtures, et cetera) may be submitted in the form of photographs or catalog cuts. Photographs must not be smaller than 3" x 4 ". Submit two (2) sets. (1) Architectural Details: Details showing exterior treatments of roof eaves, chimneys, window or door trim, specialty details to explain typical and special details of construction. Final Plan -,- Check Exhibit #11 for the list of the drawings required. Final Plans shall be sufficiently detailed to describe the general extent and character of the proposed project. Partial submittals will not be given approvals. Plans submitted for Final Approval shall include all plans listed for Preliminary Plans and as described below. Final Plans .incorporating revisions required by the conditions of Preliminary Approval, and including additional details required to fully describe the proposed improvements, shall be submitted for Final Review. Final plans, sections and elevations shall be drawn at a scale not less than 1/4" = 1'0" (composite elevations of large homes VA may be at 1/8" = 1'0 "). Final Plans must be approved prior to commencement of any construction. No changes shall be made to any plans or in the construction of any improvement until such proposed changes are resubmitted to the Architectural Committee for its written approval. Changes shall be implemented only after receipt of such approval. Final Approval MUST be obtained prior to acquiring a Zoning Clearance and Building Permit. Maior Alterations: Major revisions to approved plans which have not been constructed, pre - grading of lots, room additions, exterior design concepts, et cetera shall be reviewed and approved as Major Modifications. Plans and written requests shall be submitted. You must receive written approval from the Architectural Committee prior to proceeding with the improvements. The City Community Development Department should be contacted to determine what City approvals would be required. Minor Alterations: For minor revisions to approved plans which have not been constructed such as change in windows, colors and materials, solar panels, et cetera, plans and a written request shall be submitted to the Architectural Committee and City Community Development Department. You must get written approval prior to proceeding with the improvements. Reconsideration of the Committee's Ruling: An applicant may request reconsideration of a ruling of the Architectural Committee by resubmitting, in duplicate, written arguments within sixty (60) days of the date of receipt of the ruling. The committee will give its final ruling by answering the arguments and by confirming or modifying its ruling within sixty (60) days of receipt of the applicant's written arguments. No fee is required to be submitted for a reconsideration. Failure of the Committee to notify the applicant within sixty (60) days of the date of resubmittal to the Architectural Committee shall be deemed disapproval. Variance and Additions: Approval of the Architectural Committee and the City Director of Community Development shall be required to permit any Owner (without the consent of other Owners) to deviate from any or all of the buildings and /or landscaping standards set forth herein, provided that such deviation is necessary in order to carry out the general purposes of the Declaration and /or the Architectural and Landscape Guidelines. Any such permission of said Committee and Director shall be in writing and shall not constitute a waiver of said Committee's or City's powers of enforcement with respect to any of the Standards as to any other part of parcel of the properties. Guideline Amendments: These guidelines are subject to revision by amendment. At such time as the Architectural Committee shall determine that any portion of these guidelines should be revised, the Committee shall send in written form a proposed amendment outlining the change(s) and the reasbn(s) for the changes to the Board of Directors of the Association and the City Director of Community Development. Fee: A fee, according to Exhibit #12 which is subject to change, shall accompany each application for Architectural Committee Review. Fees shall be paid in full upon the 9 submission. The scheduled fees will be subject to a reasonable surcharge, as determined by the Architectural Committee, in cases where plan review services exceed the normal review process. The surcharge will be assessed and payable prior to Final Approval. Additional meetings or submissions will be subject to a surcharge. Other Approvals: Approval of your plans by the Architectural Committee does not automatically mean approval by the Community Development director. The Architectural Committee will try to inform you of issues they believe the City may have with your plan (i.e., silhouetting above ridges, height limitations, setbacks, but these are not to be relied on as completing your review. When you gain approval from the Community Development Planning Department (which most likely will contain some conditions you must address in your final design); you can proceed with your plans for Building and Safety Department and Fire Department submittals. If the Community Development Planning Department disapproves your PD submittal, you do have the option to appeal the decision. This requires a filing fee. Check with the Community Development Planning Department for the application and filing requirements. NOTE: All exterior revisions required after Final Approval must be resubmitted for review and approval prior to construction. Precise Plan of Design ( "PPD ") Review: The planning staff will review your FINAL Design set to see if it complies with Code and Architectural Guidelines of the City's as well as the Residential Planned Development ( "RPD ") conditions and regulations imposed on your tract. Verify length of time, fees, and filing requirements for review with City staff. Submit two (2) sets of final plans along with your approved and signed final set from the Architectural Committee. The submittal must include: * Site Plan * Grading Plan * Floor Plans * Roof Plan * Exterior Elevations * Building Section * Color Samples * Landscape Plan 9 Fire Department Review: The Ventura County Fire Protection District requires that all single family residences be checked by them. This submittal consist of the following: Application Form (obtain from Fire Department) Site Plan Floor Plan Elevations Plan Check Fee Facilities Fee Fire Sprinkler Fee, if applicable (houses, including garages, that exceed 5,000 square feet, require a fire sprinkler system.) Verify the length of time for this review. The Fire District Department will issue an approval document that must be submitted to the Building and Safety Department before a building permit can be issued. Building and Safety Department Submittal: Once you incorporate all of the conditions of approval from the Architectural Committee, the Fire Department, and the Community Development Department, you can finalize your plans and details (construction document set) and submit two (2) copies to the Building and Safety Department along with a plan check fee. Verify the length of time for this review. You can expect that the Building and Safety Department will have a list of revisions (code violations) which will have to be corrected prior to issuing a permit. City Engineer Submittal: At the same time you submit your plans to Building and Safety, submit two (2) copies of your site plan to the City Engineer for their review of your grading plan. Setbacks For Houses and Detached Structures: All setbacks are minimum requirements and measured from Property Lines, not curbs. Verify location with tract parcel maps. All residential structures, including accessory buildings, shall be placed, grouped and shaped within the graded area to complement one another as well as the natural landscape and to provide visual interests. All structures must be sited within the Grading Limit Boundary or graded pad. Front Yard: Overall average 24', minimum 20' front setbacks shall be varied so as to provide visual variety. Two story masked by one story 30'0" ; two story facades 40'0 ". (Exception: Residential structures on "C" Street require 30'0" minimum for one story facades measured from the curbs. On corner lots front yard setbacks shall be required on both streets. Rear Yard: One story 20'0 "; two story 260 ". ILI Side Yard: One story 10'0 "; two story 160 ". Flag Lots: The front yard is determined to be the face of the property most nearly parallel to the street from which the drive extends. Exceptions to this rule of "front" should be requested if you feel the site defines a different properly line as front yard. Arroyos and Slopes: 20'0" minimum setback for all structures is required from the tops of any manufactured downslopes (or any natural downslopes adjacent to a public right -of -way) which are greater than 10'0" in height and which have a slope angle steeper than 5 to 1 within any portion or section of the slope. Top of slope setbacks for patio covers, trellis -type features and architectural features which are attached to and subordinate to the main or principal structure may be reduced to 60 ". Manufactured downslopes for natural lots will be on a case -by -case basis. This is subject to the review of the Community Development Department, in accordance with the Tract. Siting of Structure: Other than House, all golf course buildings will be per drawings submitted to City and are not part of this CC&R. Usable Open Space: As a requirement of this tract, homes and detached structures must be sited within the graded pad area with ample open space surrounding all structures. The natural terrain shall be preserved except for minor passive recreational amenities where no grading is required. Specific nature and extent of permitted improvements shall be subject to Community Development Department approval. Minimum Size of Home: The minimum size of homes shall be 2200 square feet (two thousand two hundred square feet). Garage and accessory structure shall not be included in these figures. Height Limitations: The maximum height of any structure on these tracts must be based on a mass not to exceed 35' if the sideyard is a minimum of 15'. NOTE: Does not apply to Golf Course Club House. One and two stories is maximum building mass, depending on the location of the graded pad in relationship to a ridge line, the allowable height of the building will vary. The height of a structure shall be measured from the finished pad or grade elevation to the highest point of the structure within a specific uniform foundation component. Special allowances may be given consideration in calculating building height when finished floor elevations are below natural grade and natural grade elevations are maintained adjacent to all major exposed building elevations. Roof form such as cupolas, turrets, chimneys which do not greatly exceed the maximum height may be considered on a case -by -case basis. NOTE: Dormers to accommodate "third story" space cannot create a "third story" component on the exterior. 11 Definitions and Clarifications: Cantilevered Areas which overhang the first floor without support to grade shall be considered a cantilevered area. Areas of cantilever shall be minor in proportion. All cantilevers shall be detailed with corbels, soffits or other detailed aesthetics. Dormers: Where dormers provide second story square footage over a single story with plate heights not exceeding 12'0" to 14'0" in a building element that looks to be one -story, some allowance for this square footage can be made on a case -by- case basis. All second story windows on site elevations will be considered two - story facades. Footprint is defined as the actual ground level square footage of all spaces including attached garages and all buildings such as pool houses that are linked by a substantial structure of similar proportion. Plate Height: Generally up to 12'0" is accepted as a one -story plate height. Special elements (not the entire first floor) such as the living room, entry, dining room, or family room may have plate heights of up to 160" and, depending on the shallowness of the pitch of the roof, still be considered single -story masses. Roof Heights: Anything over 25'0" (floor to ridge) is generally considered two story. The intent of these restrictions is to reduce the apparent scale of the proposed home and is not concerned with whether the two -story volume is used or not. GRADING The intent of these grading guidelines is to aid the individual home site owner in developing creative building footprints which reflect a sensitivity for the existing topographic characteristics of each site. Every effort should be made to achieve a final design which conforms closely to the original land form of the lot, while utilizing techniques in house design which will minimize the amount of grading. Graded Lots: All lots are pre - graded. Re- grading of pre - graded pads shall be limited to minor adjustments which do not expand the building site, with any grading plans prepared by a registered Civil Engineer. ARCHITECTURAL IMPROVEMENTS Exterior treatments used on the Residence and all detached or accessory structures shall use consistent and continuous materials, proportions, detailing on all facades in order to achieve a uniform and complete architectural design. 12 Two -story facades shall be treated in a manner to articulate the flat appearance of a wall. Facades should incorporate horizontal changes in materials or changes in relief between first and second story. Trim bands are generally not acceptable but may` be considered. Colors: Strong harmonies of color in earth tones will be required. Color intensity must be kept low for large surfaces. All colors shall be evaluated on a case -by -case basis to determine compliance with the intent. Samples of appropriate colors are available for review at the Architectural Committee office. Colors and materials shall be reviewed per the actual samples. Materials Masonry and Siding: Exterior wall materials shall be limited to three in number. Masonry shall be limited to one type on the house; accent masonry may be considered on a case -by -case basis. Different materials must meet at inside corners and the change in wall materials should reflect a consistent approach on all facades of the building (wainscoting, wall recesses or projections, pilasters, bay windows, detailing, et cetera). Masonry surfaces which have an exposed edge shall be 8" minimum thickness. All facades must make consistent use of building materials. This applies to all structures, landscapes, walls, etcetera. Materials must be used on all facades consistently as these houses are viewed three - dimensionally. It is critical to design them with this in mind. Large blank or inconsistent facades on a structure will not be allowed. Simulated Materials: Materials which are produced to simulate authentic materials are generally not allowed. Exceptions to the requirement for authentic materials shall be considered, but are limited to the following conditions: 1. Concrete roof tiles which simulate either wood shake or slate roofing shall be allowed. Concrete roof tiles shall not be allowed to simulate clay "S" or barrel tiles. Additional requirements and conditions for roof tiles are specified in the roof section. 2. Concrete paving and stamped stone or tile paving shall be allowed. Stamped concrete colors and materials shall be of a quality which faithfully simulates the actual materials. Joints or gaps between each molded pattern shall be filled with grout or mortar similar to authentic material installation. 3. Pre -cast concrete or similar cast columns and detailing which simulates cut stone shall be allowed. Pre -cast concrete shall be cast in a thickness which is not considered hollow or thin walled. Where thin walled materials are considered acceptable they shall be filled with a solid core. Pre -cast concrete shall be of colors and materials which faithfully simulate the actual materials. 13 4. Cast concrete or gunite boulders, water features, et cetera, which simulate natural rock shall be considered for use in pools, spas, waterscapes and landscaping only. Cast concrete rocks shall be used for rocks larger than 24" in dimension, smaller rocks shall be authentic and use of mixed natural and simulated rock is encouraged. Cast concrete rock textures, colors and materials shall be of a quality which faithfully simulates the authentic rock. Cast concrete rock shall not be used for gates, bridges,. equipment vaults or other unreal uses of rock. Use of cast concrete rocks shall be reviewed on a case -by -case basis. To be considered, each applicant shall submit a qualified contractor's proposal and photograph examples of the contractor's previous work. If approved, the applicant shall be required to post and maintain a construction compliance deposit in the form of cash, a cash bond, or surety bond, naming the Association as obligee, in the amount of five thousand dollars ($5,000.00) to ensure quality of the construction. The deposit or any portion there of is refundable upon completion of the work less the amounts used for corrective purposes. The Architectural Committee, at its discretion, shall review and release the deposit after determining the completion and quality of the improvement. The Architectural Committee shall reserve the right to refuse and cause the removal, modification or addition of work which is not completed to the quality of authentic materials. The applicant shall understand that construction of any cast concrete rock work is solely at their own risk and that the Architectural Committee may request the applicant provide additional work requiring greater expense or larger deposits due to the proposed improvements. Windows: The proportionality of windows to exterior surfaces will be carefully considered by the Committee for each elevation of the proposed structure. The style of window is required to be consistent on all elevations of the proposed structures. Windows should be placed in thickened, recessed openings or projected or surrounded openings in walls. No window shall be covered with aluminum foil, paper, reflective tint or other inappropriate covering. Roofs: Pitched roofs will be encouraged; minor areas of flat roofs may be considered. Minor flat roof areas, where allowed, must be secondary to the main roof. Flat roof areas which are used to resolve roof forms that are not an integral part of the design or mansard roof designs will NOT be allowed. (NOTE: Roof - mounted mechanical equipment will not be approved.) Flat roofs should not be visible from other property and must be colored to match the pitched roofs of the structure. Decks will be allowed and must be colored to match the pitched roof of the structure. Gravel or painted cap sheet roofing is not acceptable. Maximum roof pitch for main roof forms shall be 8:12. Steeper roof pitches for special roof forms may be considered, and shall be reviewed on a case -by -case basis. _ Roof pitches shall be appropriate to the relative style from which they originate. 14 Roof overhangs shall be shown on Plot plans indicating dimensions from building face. Maximum roof overhang may be 2'0" into all required building setbacks. Roof overhangs greater than 2'0" may be considered, and shall be reviewed on a case -by -case basis. Roofs on sloping lots should be sloped in the same direction as the lay of the land to blend structures with the topography. Roofs shall be authentic slate, authentic clay "S ", barrel, flat or flat concrete shake tiles. Applicants must provide manufacturer's specifications and actual samples of all proposed tile colors. Only subtle blends of color on roofs will be considered. If concrete the is proposed, it must be flat, unglazed tile. No wood, metal, asphalt or fiberglass roofing is allowed. If the concrete tile becomes effloresced within a three -year period, the owner shall be required to correct the effloresced tiles. Minor roof areas of authentic copper may be considered. Sheet metal vents, accessories must be painted to blend with the roof. Metal vents, accessories, and chimney caps greater than 24 in any dimension shall be authentic copper. Gutters and downspouts shall be colored to match the surface to which they are attached unless copper is used. Facias: Facias should be constructed with materials consistent with the structure. Facias shall require detailing which is sympathetic to the architectural style of the structure. Chimneys: All chimneys should be metal and covered by material such as stucco or masonry. An exception is made for structures that have a predominately wooden finish surface on which matching wood may be approved. If any chimneys on a wooden house are masonry, then all must be. Fireplaces must be equipped with a spark arrester approved by the City. All chimney caps require detailing other than the spark arrester. Chimney caps must be painted to match the surface it is mounted to. Skylights Solariums and Similar Improvements: Skylights, solariums and similar improvements shall be designed consistent with building forms, scale and proportion. Frames shall be finished to match roof or building colors; glazing shall be flat, non - reflective glass. Details or manufacturer's information shall be submitted for consideration. No bubble or dome skylights shall be allowed. No aluminum or similar patio cover shall be allowed. Solar Panels: Roof mounted solar panels shall be recessed within the roof tiles and shall be mounted at the angle of the roof. Solar panels shall be glazed with concealed piping. All surfaces, except the glazing, shall be painted to match the roof color. No solar panels will be allowed on the front elevation. Garages: All garages must be enclosed; carports shall not be allowed. All two -car garages shall be a minimum interior dimension of 20' wide x 22' deep, and three -car 15 garages shall be a minimum of 30'0" wide x 22'0" deep. Houses with five or more bedrooms and all homes with driveway access on to "C" Street must have a minimum of a three -car garage. Street parking is prohibited on "C° Street except by special permit. Garages for R.V.s and similar improvements shall be considered if design is consistent with building forms, scale and proportion. Garages for R.V.'s shall be sited in locations which do not directly face streets. All locations shall be screened from visibility from street and neighboring views with dense, mature landscaping and shall be reviewed on a case -by -case basis. Detached Garages, Outbuildings Pavilions and Other Structures: For those lots capable of supporting detached structures, such as vehicle storage buildings, pool houses, and guest living quarters no more than three accessory structures are allowed. The architectural character of detached structures shall be consistent with that of the main structure planned for the lot while not being a miniature replica of the main structure. These structures must be carefully sited to integrate into the design of the site and must all be within the building site. Detached buildings, where allowed, are limited in height to 18'0 ". Any building element that is attached to the main structure may conform to the same height limit that is applied to the main structure and conform to one or two story setback as it applies with the exception of patio covers. To be considered attached, the portion of the building that is in question must comply with the following criteria: The structure must be attached to the main residence be a common wall, or if the roof of the structure is a continuation of the roof, of the main residence. The attached structure shall appear to be a part of the main residence. 2. The attachment between the structure and the main residence shall be constructed of the same scale, materials and detailing of the residence. 3. Two story structures must be attached as required for one story structures. Design of the two story structures should be verified with the Community Development Planning Department or conformance with City Conditions. Patio Covers: Shade, patio, and garden structures should be constructed of materials of a permanent nature which are the same as those used on the main structure. For example, if the roof of the main structure is clay tile, then a solid patio roof should also be made of clay tile. If a lattice sun shade is proposed, it should be wooden and stained to match the wooden elements of the main structure. Exposed wooden structural members should be 4" x minimum for rafters, beams and rails, 6" x minimum for posts, and lattice or trellis materials shall be 2 x 2 minimum. Steel structures, fiberglass, sheet metal, or cloth awnings will not be approved. The maximum height shall be 12 feet. 16 Driveways and Hardscape: Driveways and hardscape shall be constructed and completed concurrently with construction of the residence. All drives shall have a minimum vertical clearance of 20'0" and not exceed 15% grade unless exempted by the City. They should be made of concrete either stamped, salt finish or punctuated by masonry. Hardscape materials shall be sympathetic to those of the house. Gravel or asphalt driveways will not be approved. For all dwellings whose driveways exceed 50'0" in length, at least two extra outdoor guest parking places with a 25'0" turnaround shall be provided. For requirements on lots with driveways exceed 50'0" in length, consult the Fire Department. WALLS AND FENCING Privacy Walls: Landscaping is encouraged instead of privacy walls. Privacy walls may be considered and shall be reviewed on a case -by -case basis. Walls shall be required to screen trash areas and mechanical equipment. Privacy walls shall be sited to integrate with the design of the residence. All walls greater than 2'6" in height shall maintain a minimum setback required for a single story building. Walls to screen trash areas, mechanical equipment shall maintain a minimum setback of 10'0" from all property lines and tops of slopes. Privacy walls shall not be allowed on major roads except where required for safety as determined by the City of Thousand Oaks. Screening along major roads shall be accomplished using mature landscaping. Maximum height of privacy walls shall be 60 ". Taller privacy walls for special design forms may be considered if greater site setbacks are provided and shall be reviewed on a case -by -case basis. Privacy walls shall be designed to integrate with the design of the residence. All exposed surfaces of the wall shall be finished to match the residence. Generally, walls should be an earth tone color. Walls visible from the golf course, streets or other public areas shall use a decorative cap. Plain or painted concrete block or slump stone is not allowed. Landscaping shall be required to soften the appearance of the wall. Retaining Wall: Retaining walls shall be considered on lots in order to reduce unsightly grading and to create architectural features which are designed to integrate with the design of the residence. These shall be reviewed on a case -by -case basis. Walls which do not exceed 2'6" in height shall maintain a setback equal to the wall height from all property lines. All walls visible from the golf course, streets, adjacent lots, or other public areas which are greater than 2'6" in height shall maintain a minimum setback required for a single story building. Setbacks for retaining walls which are not visible outside of the property shall maintain a setback equal to the wall height from all properly lines and shall be reviewed on a case -by -case basis. 17 The maximum height of retaining walls visible from the golf course, streets, adjacent lots, or other public areas shall be 36" with decorative surface or screened landscaping required. The maximum height of retaining walls which are not visible outside of the Property shall be 60 ". Taller retaining walls for special design forms may be considered if greater site setbacks are provided and shall be reviewed on a case -by -case basis. Where walls greater than 6'0" are necessary the walls are encouraged to terrace using heavily landscaped terraces. Retaining walls shall be designed to integrate with the design of the residence. Generally walls should be an earth tone color. All exposed surfaces of the wall shall be finished to match the residence. Walls visible from the golf course, streets or other public areas shall use a decorative cap. Plain or painted concrete block or slump stone is not allowed. Landscaping shall be required to soften the appearance of the wall. Security and Decorative Fencing: All fencing within any lot is subject to Architectural Committee approval prior to installation (City approvals may also be required). Fencing is not required on any lot except where required for pool safety. Fencing Setbacks and Locations: All fencing over two feet six inches (2'6 ") in height must maintain the setbacks listed below. All setbacks are measured from lot property lines. Street property lines generally do not include public rights of way or landscape zones. Location of property lines should be verified by a surveyor. Fencing which is located in or over an easement which may require accessibility or maintenance should be installed with gates or fencing which can be easily removed. Front yard: 20'0" minimum to property line Side yard: No setback required for adjoining lots Side yard (corner lot): 10'0" minimum to property line Rear yard: No setback required for adjoining lots Rear yard (abutting street): 5'0" minimum to property line EXCEPTIONS: Exceptions to defined rear yard and side yard setbacks shall be considered on lots where hardships due to topography such as a steep slope and lots where lot size restricts required usable yard. Exceptions to front yard setbacks shall be considered where the street curves creating a condition similar to a side yard. Setbacks may be reduced where slopes descend from street elevation. Where reduced setbacks are permitted, a 5'0" landscape screened area shall be required between the fencing and public view. All exceptions and fencing proposals shall be reviewed on a case -by -case basis. Refer to Exhibit #4 for methods for determining setback exceptions. Design and Height of Fencing: All property line fencing is required to be wrought iron per the graphic exhibit in the Guidelines. The color is required to be flat black for property line fencing. Fencing located within the property line fencing may be of differing style and color, but must be reviewed on a case -by -case basis. The maximum height of fencing shall be six feet (60 "). The maximum height of fencing which is located on top of a free standing or retaining wall shall be a combined height of six feet (6'0 ") measured from the lowest most adjacent point. Terrain changes must be made by stepping the fence top with terrain. The top shall remain horizontal with vertical posts. On steeper slopes the top may slope to match the angle of terrain with vertical posts. Combinations of stepped and sloped fencing shall not be allowed. Pilasters must be compatible with the building design and must be used consistently for all fencing. Fencing beneath protected mature trees shall be installed in hand dug post holes. Verify all mature tree work with the City. No chain link, wood, canvas, reed or straw like, poultry wire, plastic or fiberglass fencing is allowed. Golf Course Fencing: Fencing, if desired, along individual lot property lines which are contiguous with the golf course shall be located along the property line alignment. Driveway Gates: All security gates must observe required setback of the building. Setback exceptions exist in cases of sloped driveways that descend in elevation from the street (refer to Exhibit #3 and #4). Entry gates are limited to 14'0" in height; pilasters are limited to 8'0 ". Solid walls may not extend beyond 20'0 "in any direction from the entry gate structure, may not encroach in the required setbacks, and are limited to 6'0" in height. Low driveway entry pilasters are limited to 2'6" and are allowed at driveway property lines. ACCESSORYIMPROVEMENTS Mailboxes and Address Numbers: Mailboxes will be supplied by the post office in groups of 16 each to be installed by developers in locations required by post office. Address to be supplied to developer for each lot. Mechanical Air Conditioning and Pool Equipment: Mechanical equipment is usually unsightly and noisy. Heating, ventilating, air conditioning and pool equipment must be enclosed by walls and solid wood gates of a material which is integrated into the character and materials of the house design. Landscape screens are not acceptable. No outdoor speakers of any kind will be permitted. All alarm system equipment must be concealed from view. ENERGY CONSERVATION All residential units shall include site design and building or construction features and devices which are capable of conserving energy. Measures encouraged in the design 19 of all residential structures are: double glazing; size and placement of windows and other major openings shall take into account prevailing breezes during summer season and protection from stronger winds during winter season; appropriate design features to deflect sunlight or allow it to enter the residence, depending on seasonal needs; strategic location and type of plant materials in areas adjacent to the residences to reduce temperature building and sun penetration during summer season. LANDSCAPING Complete landscape and irrigation plans are required for all developed lots. Plans shall be prepared at a scale not less than 1" = 20'0'; 1" = 40'0" for large sites with all work adjacent to slope and structures shall be 1" = 10'0 ". All pad and slope landscaping shall be installed at the completion of the residence, and prior to occupancy. Revisions to plans which have been approved must be submitted for review and approval prior to proceeding with the work. Complete landscaping of the lot is required to be installed prior to occupancy of residence. Climate Zone: This area is located within Sunset Garden Book@ Climate Zone 21 (Thermal Belts in Southern California's Sections of Occasional Ocean Influence), however, micro climate pockets do exist. Plant selection should be adaptable, frost -hardy and heat resistant species with ability to survive winter frost conditions and summer high temperatures. Frost in low lying areas will limit plant selection; frost sensitive plants should not be used. A Landscape Architect should be consulted to determine the appropriate plant materials for the climate and drought tolerant criteria of this zone. Plant materials which suffer from frost or drought shall be replaced immediately with quantities and sizes of materials at time of loss. Landscape Intentions: Landscape development within this area is intended to reflect a very rural development which is designed with sensitivity and respect for the beauty of the natural terrain and vegetation. Preservation and conservation of the indigenous landscape shall be maintained. Landscaping should strive to reinforce and extend the indigenous quality of the tract into the proposed home site. Landscape development should include a means to counteract the adverse forces of nature and shall consider related items such as erosion control, surface drainage, fire (fuel modification), et cetera. Grading and retaining walls, where proposed, shall be an integral part of the landscape design. To encourage low water usage an increase of hardscape areas, the use of drought resistant plant materials, use of drip and low volume irrigation systems in lieu of conventional systems and the use of rain shut -off devices, moisture sensors should be incorporated in landscape plans. Selections of plant materials shall be zoned to create a transition from natural undisturbed vegetation to residential garden area. Landscape zones shall meander and flow from zone to zone without distinct lines such as swales or fencing. Landscape zones 20 shall be indicated on each plan to demonstrate the transition from natural to garden per the following tables: Zone 1 (natural landscape zone): The farthest from the residence and adjacent to the natural, undisturbed vegetation. This is the outer limit of the site development in a meandering line. Natural landscape with minimum or drip irrigation and natural landscape without irrigation. Zone 2 (transition landscape zone): Transition from natural plant materials and forms to garden zone or area connecting to natural or golf course. Area 30'0" to 50'0" wide in a meandering line. Irrigation as required for fire retardation and control (verify requirements with the Fire Department). Drip irrigation encouraged. Compatibility of landscape development between zones. Zone 3 (garden landscape zone): Area immediately adjacent to the residence or area connecting to the golf course. All garden areas shall be fully irrigated, Plant Materials: The selection of plant materials shall compliment and reinforce the natural characteristics of the existing plant materials. Lots located adjacent to the golf course are to create an uninterrupted flow of plant materials and grasses as a transition to the residence and to avoid the use of plants which may create a barrier or wall. Trees and shrubs shall be grouped in a grove -like arrangement with the greatest density and largest size at the center and the least density and smallest size at the edges. Designs showing planting in lines or regular intervals may be considered in areas immediate to the residence and shall be reviewed on a case -by -case basis. Desert plants, such as cactus and yucca, shall not be allowed. The use of crushed rock in place of plant materials for ground cover shall not be allowed. Each lot shall have a minimum number of trees based on the pad area and slope area, per the tables. The minimum tree size shall be 15 gallon with use of larger trees per the tables. The minimum shrub size shall typically be 5 gallons with use of larger shrubs per the tables. Each lot shall also have one (1) 48" box specimen tree to be located within the front yard setback area. Trees which are existing in parkways shall remain or be located within the front yard area. Parkway trees which are removed may be replaced with new trees of equal size (24" minimum). Woody shrubs shall have a minimum of 5 gallon size with tuberous shrubs minimum 1 gallon size. Slopes greater than 5'0" shall be landscaped to exceed the minimum requirements of Ventura County per the table for slope planting. Trees required for parkways by the City must be verified with the City and should be shown on planting plans. 21 Tree planting requirements on pad: Pad Area (in square feet) 1. 20,000 and under 2. 20,000 - 30,000 3. 30,000 and over Minimum Number of Trees 5 0 - 48 "; 2 - 36" box) 10 0 - 48 "; 4 - 36" box) 15 (1 - 48 "; 6 - 36" box) All of the landscape species need to be reviewed by a Landscape Architect to determine suitability for Moorpark. Planting requirements on slope: 1. 1 tree per 500 square foot minimum (1 - 24" box per 4 or less trees required). 2. 1 shrub per 300 square foot minimum; rooted cuttings ground cover. 3. 1 shrub per 125 square foot minimum; hydroseed ground cover (allowed only in zone areas outside Zone 1, 2, 3 as required by the Fire Department). Ground Cover Materials: Areas of ground cover and natural or manufactured slopes shall be planted with a minimum of 50 planters made of 10 different types per acre should be selected by your Landscape Architect to meet the different zone requirements. Zone 1 (natural landscape zone): Ground covers: 1. Hand planted rooted cuttings at 18" o.c. to 24" o.c. maximum spacing, depending on material selected. 2. Hydroseed mix for native areas - refer to native grass and native shrub areas. 3. Hydroseed mix "transitional:" mix (i.e., blend native slope with residences). Zone 2 (transition landscape zone): 1. Hand planted rooted cuttings at 12" o.c. to 18" o.c. maximum spacing. Zone 3 (garden landscape zone): 1. Hand planted rooted cuttings at 6" o.c. to 12" o.c. maximum spacing. 2. Sod and grass. Shrub Materials: Massing of shrubs on pads and natural or manufactured slopes shall be planted with the following plant materials: Zone 1 (natural landscape zone): 1. Native, drought tolerant materials. Zone 2 {transition landscape zone): 1. Native, drought tolerant materials. -- 2. Adaptable ornamental and non - native materials. 22 Zone 3 (garden landscape zone): 1. Native, drought tolerant materials. 2. Hedges or formal materials, reviewed on a case -by -case basis. Palm Trees: Palm trees may be considered in addition to other minimum tree planting requirements and shall be reviewed on a case -by -case basis. Palm trees shall be limited to designs which are sympathetic to siting and Architectural characteristics. Palm trees shall not be allowed on sites which are adjacent to oak trees or other natural characteristics. Species of palm trees shall be limited to the following: Canary Island Palm, Feather Palm, Mediterranean Fan Palm, Queen Palm, Sago Palm. Plant Materials Not Suitable: These materials are in addition to all materials which are not suitable for the area due to climate zone, temperature, soils, et cetera. Some materials listed, if used in a unique and /or unobtrusive manner that would not adversely impact neighbors or off -site views, may be considered on a case -by -case basis. Common Name Botanical Name Norfolk Island Pine Araucaria Heterophylla Orchid Tree Bauhinia spp. Bamboo (over 12' high) Bamboo Bottle Palm Beaucarnea Recurvata Horsetail Tree Causarina spp. Carob Tree Ceratonia Siliqua Dracaena Cordyline spp. Leyland Cypress Cupressocyparis Leyland Cypress Cupressus spp. False Cypress Chamaecyparis spp. Dracaena spp. Dracena spp. Coral Tree Erythrina spp. Eucalyptus (over 30' high) Wor Eucalyptus Citriodora Eucalyptus Cladocalyx Eucalyptus Globulus Eucalyptus Rudis Eucalyptus Viminalis Fichus Fichus spp. Juniper (over 8' high) Junipus Palm Trees: King Palm Archonto Phoenix Date Palm Phoenix Dactylifera California Fan Palm Washington spp. Mexican Fan Palm Golden Trumpet Tree Tabebuia spp. Mulberry Morus Alba Spruce Picea spp. Yucca Yucca spp. 23 Vegetation Control: The Fire Department should be consulted to satisfy their requirements for vegetation control. The Fire Department will not permit framing of structures until their requirements for the control of combustible vegetation has been met. The applicant's Landscape Consultant shall visit the site to determine the extent and types of existing vegetation on the lot. The landscape plan shall show the native grasses and native shrub areas. For Native Grass Areas: If an applicant's proposed structure lies within a native grass area, the applicant shall be required by the Fire Department to accomplish the following: Prior to framing, all vegetation, excluding plant specimens whose limbs exceed 1" in diameter, shall be cut within 1" to 2" above grade to a minimum distance of 100 feet horizontally to a structure. In order to preserve the erosion control characteristics of the native ground cover plants, care should be taken to see that they are not removed altogether. The line of cutting shall meander to appear as a natural line. 2. The meandering line shall be shown on the landscape plan submitted for Preliminary Review. 3. All debris shall be removed from the site. 4. The applicant may plant oak trees on the meandering line separating the cut area from the area of natural growth to soften the edge. Approximately one tree for every twenty lineal feet planted in groups according to Graphic Exhibit #10 in the Appendix is recommended. 5. Hydro mulch mix shall be applied as follows: Lbs. /Acre Native Grass Area 6 Zorro Fescue C.1 ius D Recommended Minimums 90 purity /germ 85/80 (Festuca Megalura) Berkeley Wildrye (Elymus Glaucus 'Berkeley') Cucamonga Brome (Bromus Arizonicus) Wild Oats (Avena Sativa) 24 85/80 85/80 85/80 For Native Shrub Areas: If an applicant's proposed structure lies within a native shrub area, the applicant shall be required by the Fire Department to accomplish the following: 1. Cut existing vegetation down to 18" from the ground and remove debris. Specimen trees and shrubs shall be retained and thinned out. Garden landscape areas shall have all vegetation removed except for oak trees or other specimens which shall be noted on the drawings. Bare areas shall be seeded per the "new mix ". In order to preserve the erosion control characteristics of the native shrubs, care should be taken to see that they are not removed altogether. 2. Groupings shall be thinned to a minimum spacing of 1 -1/2 times their height. For example, ten foot high plants should have a minimum space of 160" between canopies. The edge of cutting shall meaner, to appear as a natural line or massing. The meandering line or cluster massing shall be shown on the landscape plan submitted for Preliminary Review. 3. All debris shall be removed from the site at the end of each week. 4. Hydro mulch mix shall be applied. Contact the Fire Department for the recommended mix. TENNIS COURTS AND SIMILAR IMPROVEMENTS Tennis courts, sports courts, paddle ball, or similar improvements may be permitted on all lots. 1. Courts shall be located and installed ENTIRELY within the existing graded pad. 2. Courts shall observe a 20'0" setback to rear property lines and tops of slopes and 20'0" on side yards. 3. Tennis court fencing shall be a maximum height of 12'0 ". Heights shall be measured from the court surface and shall include retaining walls in the total height. All chain link fencing shall be green in color. Fencing in selected areas rather than a complete court enclosure is preferred. All other fencing shall be wrought iron per the fencing guidelines. 4. The use of tennis court lighting and solid wind screen devices shall be prohibited. 25 5. The court shall be softened and screened through the planting of mature evergreen landscaping. Tree and shrub plantings shall be provided adjacent to court fencing to soften the visual impact of the fencing from neighboring property and streets. The minimum number of trees provided for this purpose shall be 1 per fifteen lineal feet of fencing on all four sides. Trees should be planted in clusters. Shrubs shall be predominately selected from those listed in these guidelines. Vary in height and texture so as to create interest. Screening of the court is of utmost importance, and so additional planting may be required upon review of the site. YARD AND SECURITY LIGHTING All of these lighting systems -- safety, security and landscape — may be used in conjunction with one another. There are more sophisticated systems available such as TV camera surveillance systems that require at least two foot candles of illumination to operate, time clocks, or photo sensors that make your home appear to be occupied by turning lights on and off through the course of an evening, or infrared motion detectors that turn lights on when someone enters your property. Any burglar device can also be connected to your security lighting system so that all lights go on when activated. Proper maintenance and lamp replacement (prior to burn out) is very important. One burned out security light could result in an intrusion. Security lighting should be switched from the area indoors where you spend most of your evening hours. Low voltage wiring can enable you to switch your system from numerous locations. If your house has not been built yet, have your security lighting system planned and incorporated into the design /construction phase of your project. There are great cost savings and possibilities open to you in planning ahead for your system. Exterior Lighting: Yard and exterior wall lighting must be submitted for approval. Building mounted flood lights will not be approved; all lighting shall be a combination of decorative wall, ceiling and ground mounted lighting. Exterior lights on buildings may only be mounted below a 12'0" height, except on second story decks, which may be higher. The following is a set of general guidelines and recommendations for security lighting of the homes. It is necessary to shield lights from neighboring property and public rights of way with landscape. In an effort to prevent disturbing glare, these are approvable alternative lighting methods rather than the more common placement of floodlights on eaves that shine into people's eyes and onto others' property. Floodlights will not be allowed. 26 Ideally each homeowner should seek the advice of a professional to design a landscape lighting scheme, because this is the most aesthetically pleasing way to deter intruders. Security lighting must follow the following guidelines which all work to discourage vandalism and burglary by placing the intruder on stage when he nears your property. Entry Drive Lighting: Ground mounted lights at the curb cut are requested. No continuous driveway lighting will be allowed. One pair of lights may be provided at each driveway entry. No elements over 2'6" can be in front setback. Safety Lighting: This refers to the provision of light around stairs, walkways, driveways, garages and pool areas. These areas should be lit with either low -level path lights, bollard or step lights. You should consider the use of compact fluorescent sources that require less frequent relamping for these areas, or low voltage fixtures which are compact, easy to install and very safe from an electrical standpoint. Security Lighting: This refers to lighting the zone around your house and most importantly the vulnerable areas such as entries, house corners, low windows, densely landscaped areas and possible hiding places. Glowing wall sconces or bracket mounting cylinders that provide directional up and/or down light can be mounted to the walls providing a zone of illumination immediately around the house. This is an attractive alternative to glaring floodlights. Entries are effectively lit with recessed or surface - mounted downlights, or wall - mounted sconces (decorative or minimal) that provide even illumination and minimize shadows. It is wise to keep entry surfaces light in color so that the level of illumination is as bright as pleasingly possible. You will most likely want to use incandescent sources at entry locations -- especially your main entry because it is warmer and more inviting to guests. It is nice to contrast this warmth with cooler sources for landscape lighting. Cooler High Intensity Discharge (HID) sources such as mercury or metal halide render the greenery of planted material more attractively than incandescent light. They have very long lamp lives and consume far less energy than incandescent sources. High Pressure Sodium or Low Pressure Sodium HID's will not be approved because they produce an unnatural orange or yellow light that renders plant materials in a very "off' color. Landscape Lighting: This can create a wonderful nighttime environment by bringing to life the trees, bushes, flower patches and landscape features on your property. A bonus effect of this aesthetic enhancement is that of deterrence. The philosophy of landscape lighting can be quite involved — many stunning effects can be achieved through the appropriate use of various fixture types, lamp types, colors and beam spreads. 27 VACANTLOTS Lots which are vacant shall be kept clear of all weeds and debris. To prevent dumping or stockpiling of dirt or materials, each lot owner may install a barricade using 3- foot steel pipes and a chain or cable across the access to the lot (not the entire lot.) Vacant lots shall also be in conformance with all other conditions for parkway and slope planting and irrigation, winterization and erosion prevention. WINTERIZATION Erosion preventative systems, sandbagging, berming, etcetera, shall be provided on all lots. Provisions to prevent surface water damage to adjacent properties, arroyos, roadways shall be installed between November 15th and April 15th each rainy season. 28 �x .J dC C I� I I� i� f j 1 11 � ii f 1 I Top and Bottom rails 11/2" x 11/2' square horizontally set, sep equally with shallow slopes, slope on steep slopes 3/4' x 3/4' square pickets at 4' o.c. - set plumb 2- x 2- square posts at 8' -0- max., set in concrete post base. hand dug beneath oaks - verity with c:r/ Cclors shall be black, unless otherwise approved. Wrought Iron Fence Exhibit 1 Pull real setoacx Der cuiceitne verity avowable angle wan City Notes: 1 5' 0- t. Refer to Guideline for standard required setbacks. 2. Refer to Guideline for required fence style and color _Z 3. Submit sections showing slopes and fencing fcr adjusted setbacks. Mild Slope descending from Street street Grocery 5"0' :ar,dscaDe I' 6'0' screen required vent' atlowacle I' - -- j angle wan City Steep Slope descending from Street Fencing on Slopes Exhibit 2 4'- 0" high Speaker on Stl. Post Optional Speaker Pilaster Refer to Exhibit 2'- 6' max. ht. — Terraced Planter �— Roadway �— Entry Gate 7' - 0, m ax.1 8'-0' Max. �L pilaster i Public I Required Frontyard setback i Right per Arch. Guidelines of Way f � A- Ascending Slope Driveway Notes: 1. No element over 2'- 6' in height may be within setbacks. • unless incorporated in a terraced design conforming to natural topography 2. Refer to exhibits for speaker and entry gates for additional information 3. Verify requirements with City 4' - 0- high Speaker on stl. Post 2' -6- max. daylight height above street level Roadway — I I 7--o- max. Pilaster Entry Gate i 8' - 0' max. Public [Adjusted setback based Right on 2,-6- max. Daylight of Way Verily required setback with City , B. Decendinq Slope Driveway Setbacks for Entry Gates Exhibit 3 3' - 0" max. = —r A. Custom Speaker Pilaster consistent with house. Intercom speaker =� u„ 8 1 Pipe ort-Color tch w.l. 8. Standard Speaker Support Notes: 1. Verify Setback from Entry Gate with Supplier. 2 No Custom Speaker Pilaster may exceed 2'-6' per Tier. All Tiers must step with slope. t X O v! Intercom Exhibits 4 J DESIGN GUIDELINES The Prairie style of architecture is characterized by gently sloping roofs, low proportions, an emphasis on horizontal lines, two -story buildings with one - story porches or wings, sheltering overhangs, suppressed heavy -set chimneys, and massive square porch supports. Other features of this style may include the use of low- pitched hipped roofs with wide projecting eaves, contrasting wall materials or trim that emphasizes the upper story, contrasting colors on eaves and cornices, contrasting caps on porches, piers, balconies and chimneys, contrasting wood trim between stories and horizontal patterns in wall material or trim. Tall casement windows or ribbon windows (a continuous band of casement windows) may be used which also emphasize the top half of the upper story. Geometric patterns of small -pane window glazing may also be used. IVASS&NE SQUARE PORCH SUPPORTS TWO STORIES WTTN ONE-STORY PROCHES LOW PITCHED ROOF DETAIL EMPHASIZING OR.WINGS WITH WIDELY HORIZONTAL LINES OVERHANGING EAVES Design Guidelines Exhibit 5 DESIGN GUIDELINES The Monterey style of architecture is characterized by having two stories with a low- pitched gabled roof (occasionally hipped) and a second -story balcony which may be cantilevered and covered by the principal roof. Roofs may be covered with wooden shingles or ceramic tiles. Wall materials are either stucco, brick, or wood (weatherboard, shingle, or vertical board -and- batten). The first and second stories frequently have different exterior materials, with wood over brick being the most common pattern. Paired windows and false shutters may be found. Door and window surrounds may be absent or of simple style. Full length windows may open onto the balcony form. LOW PITCHED GABLED ROOF SECOND STORY CANnLEVEPED AND COVERED pl. BY PRINOPAL ROOF 'Wei -M BI R'M® Design Guidelines Exhibit 5 DESIGN GUIDELINES The features which characterize Spanish Eclectic architecture include a low - pitched roo> usually with little or no eave overhang and_a red tile roof covering. One or more prominent arches may be placed above a door or a principal window or beneath a porch roof. The wall material is usually stucco, and the facade is normally asymmetrical. Several roof tiles are often used; Mission tiles which are shaped like half - cylinders, and Spanish tiles which have an S- shaped curve. Doors may have elements such as adjacent spiral columns, pilasters, carved stonework, or patterned tiles. Entrance doors of heavy wood panels which are sometimes arched above may also be used. Doors leading to exterior patios and balconies may be paired and glazed with multiple panes of rectangular glass_ Windows may be accentuated by the use of one large focal window. These may be triple -arched or parabolic shape and may contain stained glass. Balconies are often cantilevered and may be open or roofed with wood or iron railings. Other typical details include:. tile- roofed (and otherwise decorated) chimney tops; stucco, brick, or tile decorative vents; fountains; arcaded walkways (usually leading to a rear garden); and round or square towers. EIAEORATE CHIMNEY TOPS TOWERS ROUND OR SQUARE OFTEN YdITH SMALL TILED ROOF STUCCO OR TILE DECORATNE VENTS l �►1 I /I• � 1i1...N �. ��an�i�fl ►l��IfOiU�ili�nt►i�! ` •• ' •�> �� . • •.. �. � • � ��! �'�� I I 1��1� iii I��I .... • • • �I �� .,sit � - -�� Design Guidelines Exhibit 5 K DESIGN GUIDELINES The identifying features of French Eclectic architecture include a tall, steeply pitched hipped roof with varied hipped roof massing (subordinate gabled sections may also be used). Roof line height is usually varied. Eaves are often flared at the roof -wall junction. Casement windows may be used so that the window top breaks the roof line. Eaves are commonly flared at the roof -wall junction. Upper stories often are overhanging, and a massive chimney may be used. Wall materials include brick, stone, or stucco; decorative half - timbering may also be found. The use of half - timbering with a variety of different wall materials, as well as roofs of flat tile, slate, or stone is a distinguishing characteristic of this style. Doors may be set within simple arched openings. Dormers are often used and include arched, hipped, and circular types.. Windows may be either double -hung or casement sashes and may contain small leaded panes. Full- length casement windows with shutters (French doors) are sometimes used. VARIED HIPPED ROOF MASSING (SUBORDINATE GABLED SECTIONS WINDOW TOP MAY ALSO BE USED) "` " • �� MIXED MATERIALS CASEMENT (I.E. STONE WITH BRICK) WINDOWS Design Guidelines Exhibit 5 DESIGN GUIDELINES This style is derived from the "Venetian" Country Villa design. The style is noted by a sense of deep, massive stucco walls, and low roof pitches with little or no eave overhang. Details are deliberately kept simple and utilitarian in expression. Building massing may occasionally include tower -like elements to give a strong sense of identity to the landscape. These homes are usually two stories with hip roof forms, and roofs may be of clay tile. Other details may include windows that are banded with continuous trim, ornamental railings, and deeply recessed doors to indicate more mass. CLAY TILE HIP ROOF FORMS 'TOWER -LAr ENTRY SLATAOUVRE WITH ORNAMEMAL SHUTTERS RAfLWG viii- �i��ii /I •. -�/ :rii= DEEP WALL RECESS s_= AT DOORS=ssis MORE MASS I EVEN= '" ..+�� y SIMON Design Guidelines Exhibit 5 DESIGN GUIDELINtS This style is related to the traditional Mediterranean style found throughout Southern California in recent years and is called a "Tuscan" cottage. It is characterized by the following design elements: one or two story homes, often with stucco walls and tile roofs. However, the "Tuscan" cottage is more refined in proportion and detail - much more aligned with the Renaissance period of art and architecture. Details may include slender columns, semicircular arches, ornamental moldings, castings, medallions, and the use of marble and granite. Tile accents may be found on the building facade. Garage doors may be made with heavy timber -like detailing. Windows may be ornamental/geometric shaped and may be surrounded with wood slab -type shutters. Other traits may include ornamental balconies, along with projected walls on brackets. Double arch arcades may be used to highlight the entryway. WOOD SLAB - TYPE SHUTTERS ORNAMENTAL/G EOMEMIC/ SHAPED WINDOWS WOOD/HEAVY TIMBER - EXPRESSFD BUILDING L KE GARAGE DOORS BASF ORNATMENTAL BALCONY AND PROJECTED WALL ON BRACKETS DOUBLE ARCH ARCADE ENTTZY WrTH GATES Design Guidelines Exhibit 5 Graded Area J A. wild Slope (12`!. to 18%) G c 3 CLs o c � c — c U o '20'-0" min. One Story Mass I Graded Area a o i 3 m c 3 o n- i 7 O o ' — in � o N � c I Overisp to 0Gcan v>d&tA s311r only oa r _ T / J A. wild Slope (12`!. to 18%) G c 3 CLs o c � c — c U o '20'-0" min. One Story Mass I Graded Area B_ Steep Slope (18% to 25%) Notes: 1. Grading shall conform to maximum allowable requirements. 2. Building heights and massing shall conform to the maximum allowable requirements. 3. Second story massing shall be masked by one story massing, where a level Is burled In grade exceptions to the maximum area ratios may be considered. 4. All applications should include site sections withgrading and building massing indicated and dimensioned. Sloped Sites Grading Examples Exhibit 6 E 3 m c 3 a c N 0 _c C 7 O B — a o N � 1_ I=u1I Story p Overisp to 0Gcan v>d&tA s311r only B_ Steep Slope (18% to 25%) Notes: 1. Grading shall conform to maximum allowable requirements. 2. Building heights and massing shall conform to the maximum allowable requirements. 3. Second story massing shall be masked by one story massing, where a level Is burled In grade exceptions to the maximum area ratios may be considered. 4. All applications should include site sections withgrading and building massing indicated and dimensioned. Sloped Sites Grading Examples Exhibit 6 Roof Ridge Height Slope must be an extension of grading design surrounding dwelling X A E ,,Finish Floor, E i exterior a ade\ \ A. Exterior Finish Surface ` `Areas at stairs which overlap do not have to comply with max ht., but shall be reviewed on a case -by -case basis. Chimneys and other minor architectural treatments maybe allowed to exceed max. ht. T Finish Pad X A E L Finish Grade_ X (FG) 6' below °1 • finish pad. F�= S. Interior Finish Pad Notes: t. Maximum heights of buildings are per lot classification or height restrictions. refer to guidelines. 2. Submittals must include building sections with height measurements indicated. 3. Designs which do not meet either diagram criteria should be verified with Architectural Committee and City Planning staff. How to Measure Building Height Exhibit : 7 Skylights Flush on roof One story facade 2nd Floor tst Floor A. 2nd Story Area with Skylights M. ❑-,i. -nnv ^r rnnr B. 2nd Story Area with Dormers or Balcony Notes: 1. Refer to conditions of Architectural Guidelines and City Conditions. 2. Use of dormers and other architectural treatments is allowed to exceed envelope requirements, but shall be reviewed on a case -by -case basis. 3. Generally. if a facade looks 2 -story it does not meet the intent of a low profile mass. 2 Story Low Profile Examples Exhibit 8 A. Dormer S. Tower C. Lott L EI L E 1 Facade Notex 1. Refer to additional conditions and guldelinm 2. Dormer and chimney elements may be permitted to exceed thebuilding envelope N these features are minor In proportion to the roof and building massing. 3. Two (2) story massing must be masked by one story massing of no less than 2/3 proportion of each facade. J y story sing story sing story sing story sing UHS 2 Building Massing 9 All trees within groves to be the same species r,maller Sizes No Scale Tree Groupings Exhibit .10 APPLICATION CHECKLIST TRACT / LOT: OWNER: ARCHITECT: LANDSCAPE: TELEPHONE TELEPHONE TELEPHONE TELEPHONE BUILDER: TELEPHONE MAIN HOUSE: (' Required for submittal: incorrplets submittal shsil be considsrod • Progress Raviewl Application Checklist Exhibit 11 Item Conceptual Preliminary Progress Final 1 Lot Classification 2 GLB Calculations 3 Landscape Plans (see checklist) t Plot / Grading S Building Setbacks 6 Site Section 7 _ Parking / Drive 6 Guest 8 Equipment Enclosures ' 9 Hoot Plans ' 10 Area Calculations ' 11 Exterior Elevatione ' 12 Bulding Sections 13 Building Height ' 14 Roof Plan ' 15 Solar Panels ' is Colors/Mtaterisis ' 17 Warranted Roof Material ' 18 Fee Per Guideline 'full fee due 19 Insurance Cart. refer to guideline ' 20 Bond refer to guideline Application Checklist Exhibit 11 PAVILIONS AND DETACHED STRUCTURES: (-Required for submittal: incomplete submirtaishall be considered Progress Revvew) Item Conceptual Preliminary Progress Final 1 Plot and Grading 2 Building Setbacks 3 Equipment Enclosures 4 Floor Plan 5 Area Calculations li Exterior Elevations 7 Building sections LZRoof Plan Fee Per Guideline •fud fee du• . w n o e tJ• r•c�..:..w rnr _hmirtal: inctxnolate submittal shall be considered Progress Review) Application Checklist Exhibit 11 Item Conceptual Preliminary Progress Final 1 Plot Plan 2 Setbacks 3 Oak Tree Work. 4 finirrxxn l Trees & Oaks 5 Transition Zones e Irrigation Note 7 Pool Design g Pool Equip"wnt Endoeure g shade Structure .Design 10 colors Mtaurials 11 Mailbox Ossign/Locadon 12 Fence Oeeign/Locsti on 13 Entry Gate Design / Location 14 Fee Per Guideline •ful fee duo Application Checklist Exhibit 11 Sinnle Family Residence Total Fee $2,000.00 3 reviews: conceptual, preliminary and final of residential and landscape plans as required. All plans must be included in a complete submittal, subinitted under one cover. Plans submitted separately will be reviewed as separate applications and require separate fees. Progress Reviews additional fee per review due to incomplete or a non - conforming submission by the applicant. Plan extension additional fee per extension request due to applicant's request for additional time to begin work. 375.00 Landscape and Pool Review Total Fee .500.00 3 reviews: conceptual, preliminary and final, of landscape and /or pool plans as required. Review shall include patio covers and fencing if included in submittal. All plans must be included in a complete submittal submitted under one cover. Plans submitted separately will be reviewed as separate applications and require separate fees. Progress Review - Additional Fee per review Due to incomplete or a non - conforming submission by the applicant. Room Addition Review Total Fee 500.00 3 reviews: conceptual, preliminary and final, of a one or two room addition and Landscape plans as required. All plans must be included in a complete submittal submitted under one cover. Plans submitted separately will be reviewed as separate applications and require separate fees. Additional rooms included in Room Addition additional fee per room up to 4 total 250.00 Progress Review - Additional Fee per review due to incomplete or a non - conforming submission by the applicant. 250.00 Pavilions (Requires separate application) Total Fee 500.00 3 reviews: conceptual, preliminary and final, of detached guest house or pool building plans as required. All plans must be included in a complete submittal submitted under one cover. Plans submitted separately will be reviewed as separate applications and require separate fees. Progress Review due to incomplete or a non - conforming submission by the applicant, Schedule of Fees Exhibit 12 Additional Fee per review 150.00 Landscape and Pool Review included with submittal Additional Fee per review 150.00 Patio Cover Review. (submitted separately) Total Fee 150.00 One final review of patio cover, gazebo, shade structure plans as required. All plans must be included in a complete submittal submitted under one cover. Plans submitted separately will be reviewed as separate applications and require separate fees. Additional Concept/Preliminary /Progress reviews due to incomplete or a non - conforming submission by the Applicant. Additional Fee per review 100.00 Fencing pilasters, driveway gate Review (separate application) Total Fee 150.00 One final review of fencing, pilasters, driveway gate plans as required. All plans must be included in a complete submittal submitted under one cover. Plans submitted separately will be reviewed as separate applications and require separate fees. Additional Concept/Preliminary/Progress Reviews due to incomplete or a non- conforming submission by the Applicant. Additional Fee 100.00 Tennis Gourt _ R, vi ew (requires separate application) Total Fee 500.00 Three reviews: conceptual, preliminary, and final, of tennis court and-related landscape as required. All plans must be included in a complete submittal submitted under one cover. Plans submitted separately will be reviewed as separate applications and require separate fees. Progress reviews due to incomplete or a non - conforming submission by the applicant. Additional fee per review 150.00 Major Modification Review (requires separate application) Total Fee 300.00 One final review of grading plans as required. All plans must be included in a complete submittal submitted under one cover. Plans submitted separately will be reviewed as a separate application and require separate fees. Additional Concept, Preliminary or Progress Reviews due to incomplete or a non- conforming submission by the applicant. Additional fee per review 200200.00 ' Schedule of Fees Exhibit 12 Minor Modification Review (requires separate application) Total Fee 150.00 One final review of plans as required. All plans must be included in a complete submittal submitted under one cover. Plans submitted separately will be reviewed as a separate application and require separate fees. Additional Concept, Preliminary or Progress Reviews due to incomplete or a non- conforming submission by the applicant. Additional fee per review 100.00 Additional Services Appeal of Architectural Committee Rulings or Conditions 200.00 plus fees for additional services as required, billed hourly. Staff hourly rates: Architectural Consultant $75.00 per hour Administrative Secretary $50.00 per hour Additional Consultants per their hourly rate Document rates: Minutes of meetings $10.00 plus copying costs Research $50.00 plus copying costs Recopying of plans or submissions $50.00 plus copying costs Schedule of Fees Exhibit 12 Site Preparation: Work including cleaning, grubbing, excavation, stockpiling of soil, compaction and grading shall be performed within the lot area. Mature trees or common landscaping to be retained shall be protected by a chain link fence during all grading and construction operations. Soil being exported for a lot shall be trucked to a site outside of the Tract. No stockpiling of soil shall be allowed on any lot without specific approval. Site Maintenance: The General Contractor, Job Superintendent, employees and subcontractors and suppliers shall maintain the lot in a neat and clean condition at all reasonable times, neatly stockpiling all materials delivered for or generated by the works of improvements, and immediately remove any waste material and debris generated by the work. All streets, gutters, and adjacent property shall remain clean and free of dirt, trash, debris, or other materials related to or caused by the work. No materials of any type may be placed on adjacent lots or common areas, including, without limitation, the private streets. Washouts: Concrete trucks shall be limited to washout only on the lot where the residence is being constructed. All cement or concrete residues are to be removed from the lot. Dust Control: Each lot owner will provide adequate dust control during the course of construction. Use of Adiacent Property: Use of adjacent lot(s) for purposes of access, parking, equipment or materials storage will not be permitted without the written permission of the adjacent lot owner(s), which shall be on file with the Architectural Committee prior to use of the adjacent lot(s) for any purpose. Compliance: Every effort will be made by the Association, the Architectural Committee and Declarant to assure an orderly build out of all improvements to the lot. The Association, the Architectural Committee and Declarant reserve the right to deny site access to any general contractor, job superintendent, subcontractor, supplier or their respective employees who are in violation of the construction regulations. The Homeowner Association and its Architectural Committee further reserve the right to cause construction activities to stop in the event that: Improvements to the lot are being built contrary to approved plans and specifications; and CONSTRUCTION PROCEDURES EXHIBIT 13 2. These Architectural and Landscape Guidelines, the declaration and security measures are not being complied with fully. Parkway Landscaping: All streets and all landscaping, landscaping easements and curbs adjacent to street must be restored to the original condition within thirty (30) days of completion of construction. This includes all trees, planting and ground covers which shall match the existing tract character. Parkway planting shall not be removed and shall be replaced as necessary. TEMPORARY CONSTRUCTION FACILITIES Temporary Toilet: A temporary toilet in good condition shall be provided by the lot owner for each Lot on which a residence is in the process of construction. They shall be kept a minimum of six (6) feet off curb at street front and six (6) feet off at all other property lines. The streets must be kept clear for emergency vehicles and for fire and safety purposes. These portable toilet units shall be maintained in a clean, sanitary and odorless condition. Temporary Construction Fence: A chain link fence shall be installed prior to the commencement of construction which shall run along all common area frontage and along the sideyard property lines. Storage: All construction materials and equipment shall be confined to the lot on which the residence is being constructed unless specific written authorization is given by an adjacent landowner for the storage of such materials. All materials shall be kept a minimum of 6'0" from the back of curb. No deliveries, stockpiling of materials, et cetera, shall be allowed to remain in the street. Damages to the street, curb or landscaping, et cetera, shall be returned tot he original condition promptly. Trash Removal: A steel roll -off dumpster shall be maintained on the lot during construction. The dumpster shall be emptied regularly. It should be kept a minimum of six (6) feet off curb at street front and six (6) feet off at all other property lines. The streets must be kept clear for emergency vehicles and for fire and safety purposes. Temporary Structure: One construction trailer will be allowed per lot. All trailers must be in good shape and should be earth tone in color. No trailers used for living on the site are allowed. CONSTRUCTION PROCEDURES EXHIBIT 13 All construction trailers shall be kept a minimum of 60" from the back of curb. No trailers shall be allowed to remain in the street. Damages to the street, curb or landscaping, et cetera, shall be returned to the original condition promptly. EXCEPTION: Applicants who cannot achieve this criteria must submit for consideration a written request and a site plan specifying the proposed location. CONSTRUCTION PROCEDURES The following shall be conditions of any approval. It shall be the responsibility of the owner of the residence on which an approval was granted to insure these conditions are enforced upon all persons or firms used, engaged or employed in carrying out any operation or trade. Commencement of Work: Prior to commencement of construction, each Owner must submit to the Architectural Committee for its files copies of the following documents: One copy of the Building Permit issued by the City. 2. One set of plans and color boards with the Architectural Committee approval shall be kept in good condition on the job site during and after construction. 3. A list of all contractors, sub - contractors and suppliers which will remain on file in the office of the Architectural Committee. DURING CONSTRUCTION Commencement of Construction: Construction must commence within 180 days of the approval of the plans by the Architectural committee and Public Agencies and the issuance of building permit by the City. A Certificate of Occupancy shall be obtained by the Owner within twenty -four (24) months of the commencement of construction. If these conditions have not been satisfied, the Architectural Review Committee shall have the right, but not the obligation, to demand a re- submission of plans and specifications and such other documentation as it shall, in its discretion, deem necessary and appropriate. In the event City Ordinances are more restrictive, such Ordinances shall be controlling. Hours of Operation: Work hours are 7:00 a.m. to 7:00 p.m. (Winter hours 7:00 a.m. to dusk). No work on Sundays or major holidays. CONSTRUCTION PROCEDURES EXHIBIT 13 Construction Compliance Deposit: Each owner shall post and maintain a construction compliance deposit in the form of cash, a cash bond or surety bond, naming Architectural Committee Property Owners Association as obligee, in the amount of five thousand dollars ($5,000.00) to ensure proper clean up of dirt, debris and repair of any damage to the landscaping and streets within Architectural Committee or a neighboring Lot, correcting of security, safety or health risks or hazards resulting from construction activities on the Lot and such expenses, including attorneys' fees, associated with enforcing the provisions of these Architectural and Landscape Guidelines and the Declaration. The deposit or any remaining portion thereof is refundable upon the completion of the Custom Home Residence less amounts used for corrective purposes. The Architectural Committee, at its discretion, shall approve the release of the deposit after determining that any damage caused by the Owner in the modification of this Residence has been repaired and restored. CONSTRUCTION PROCEDURES EXHIBIT 13 GLOSSARY OF TERMINOLOGY (Also refer to the CC &R's for additional related definitions and glossary terminology.) ARCHITECT: A licensed professional who must prepare architectural designs and plans to graphically represent the proposed architectural improvements. ARCHITECTURAL COMMITTEE: A committee which reviews and discusses your project's compliance with the Architectural Guidelines. ARCHITECTURAL PLANS: Plans necessary to graphically represent the proposed architectural improvements. ASSOCIATION: The property owners' group which oversees and enforces the common sense rules by which the aesthetics of your neighborhood are maintained. This group is involved with the Architectural Committee in the review of house designs and meets to hear issues of general concern to you and your neighbors. BUILDING CODE: Rules used by the City Building and Safety Department to control life, safety and building standards. CC &R's: Covenants, Conditions and Restrictions which inform the homeowner of regulations imposed on the property that either have been done, shall be done, or shall not be done and limits the use of the property or prohibits certain uses subject to enforcement by such organizations as homeowner associations, local governing authorities, or the courts. CANTILEVER STRUCTURE: A form or portion of a building which is supported on a beam or series of beams which extend beyond a perimeter support point or line and supported by a downward force behind that perimeter support (fulcrum). CIVIL ENGINEER: A licensed professional who must prepare grading, drainage, and siting designs and plans to graphically represent the existing site conditions and the proposed improvements. COMMUNITY DEVELOPMENT DEPARTMENT: The City's staff who review the architectural and planning conditions of the proposed improvements. Although the Conditions of the City are generally similar to the Architectural Guidelines, you should contact the Community Development Department. GLOSSARY OF TERMINOLOGY EXHIBIT 14 SURVEYOR: A licensed professional who must survey the existing topographical and manmade or natural characteristics of the property prior to design of proposed improvements. This information is communicated in a survey. SURVEY: A plan that represents the existing topography, man -made or natural, and perimeter of a site. TRACT: A group of lots that have been created within a legal jurisdiction, all subject to the same characteristic conditions. TRACT CONDITIONS: Those requirements set on a group of lots by the City. TREE CONSULTANT: A professional who surveys the accurate tree dripline and health of a mature tree. This survey is required by the City where there are proposed improvements. WALLS: Any solid barrier 18" or greater in height, usually employed for retaining privacy and screening things from view such as mechanical equipment. GLOSSARY OF TERMINOLOGY EXHIBIT 14 CONTOURS: The dashed lines on a grading plan or survey that indicate the elevation of the terrain on the site. DAYLIGHT: The point at which an element of construction, such as an underground drain pipe, or an imaginary horizontal line below grade, extends to meet natural grade or "daylight." FENCE: Any mad -made barrier which you can see through but not pass through. Examples would include: wrought iron posts, split rail. FILL: Any dirt, rock material which is two feet or more that is added to the elevation of the grade. GRADE: Existing grade refers to the topography of a given lot at the time of purchase. All lots have been graded. LANDSCAPE ARCHITECT: A licensed professional who must prepare landscape designs and plans to graphically represent the proposed landscape improvements. LANDSCAPE ZONE: The area in which a lot exists. By looking up the landscape zone your lot is in, you can determine the nature of the plantings allowed. For example: if a lot is on an upper hillside, drought resistant plants would be recommended and grass would be restricted to the grading limit boundary. If the lot was located in a valley, a different grouping of trees and bushes would be allowed to create a more formal look. NATURAL BENCH: A natural formation within a hillside where the slope decreases significantly to create a more or less flat area for a distance of 20'0" or more. PLOT PLAN: This plan includes general information on the way the house and hardscape are situated on the site. Included in this plan would be the perimeter of the footprint of the house, the finished floor elevations, the drive and walk locations, any site restrictions, and topography. RPD: Residential Planned Development — a document which sets forth the requirements of the tract, and is a designated zone per City ordinance. REFRACTORY MATERIAL: Within the context of these Guidelines, this term is used in reference to chimneys and the materials with which they are clad. It is the intent of the tract to preserve the original character of the fireplace by requiring its exterior material to be of rock, brick, plaster, et cetera. GLOSSARY OF TERMINOLOGY EXHIBIT 14 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 5, 1996 CONDITIONAL USE PERMIT NO. CUP -94 -1 CONDITIONS OF APPROVAL I. DEPARTMENT OF COMMUNITY 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), Conceptual Landscape Plans for Streets and Entranceways (Sheets 1 -4), modified to be consistent with the approved Vesting Tentative Map, Clubhouse Plans (Site Plan: Sheet 1, Floor Plan: Sheet 2, East and North Exterior Elevations: Sheet 3, Exterior Elevations West and South: Sheet 4, and Clubhouse Entry Drive Plan /Elevation: Sheet 5), and approved mitigation monitoring program , except or unless indicated otherwise herein in the following conditions. The approved project includes two public 18 -hole golf courses (hereinafter referred to West and East golf courses), driving range, 20,400 square feet of clubhouse facilities for the West golf course, a 1,940 square foot Pro - shop /Office /Storage building for the East golf course, a 3,500 square foot cart storage building and a 3,500 square foot maintenance building for the West golf course, and two parking areas to serve both golf courses and related facilities (total parking spaces provided is a minimum of 263, as shown on the site plan). City and Other Agencv 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. This CUP is initially approved for a time period of three (3) years from the date of approval of the permit. At the end of the first three -year period, the Director of Community Development may grant a one (1) year continuance of the Permit if use inauguration has not occurred; however, the Applicant /Developer must provide evidence of due diligence towards inauguration of the project. If at the end of the first three -year period only partial construction of approved uses has occurred, the Director of Community Development may grant a five -year extension through a Minor Modification process if due diligence towards completion of construction of the approved uses has been provided. it at the end of the €lEst three - yeaE peEied l e all approved uses and facilities have been constructed CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 5, 1996 and full compliance with all conditions has been accomplished, the , thr ,gh Pe cis =t — Adjustilent --P A9 @6B�- v� a'lt 4--- The Applicant /Developer must file an application for a Permit Adjustment or Minor Modification, as required above, at least 30 days prior to the approved termination date of the permit. Discoatinuance 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 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. Severabilitv 8. If any of the conditions or limitations of this permit are held to be invalid alt �xg�,�xsciitri, that holding shall render this CUP null and void at t$e discretion of the City. Applicant Developer Defense Costs 9. The subdivider shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set 2 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 5, 1996 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 Quality Assurance Program 12. The mitigation monitoring program shall be enforced through implementation of an Environmental Quality Assurance Program (EQAP) by the City. The Applicant /Developer shall pay for 100 percent of the City's cost, including administrative fee, to hire a qualified consulting firm to monitor grading, construction, and mitigation compliance. General procedures governing Environmental Quality Assurance Programs (EQAP), which implement California Environmental Quality Act (CEQA) Mitigation Monitoring Requirements, shall govern this monitoring effort. The selected consultant shall be familiar with golf course development. Zoning Clearance for Building Permits 13. Prior to submittal of construction plans for plan check or initiation of any grading or other construction activity, a Zoning Clearance shall be obtained from the Department of Community Development. The request for Zoning Clearance shall be accompanied by three complete sets of all applicable construction plans. CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 5, 1996 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 a-" ligolf course lots ... r.; r.. = =_. t subdivider shall pay a testa] :Citywide traffic mitigation fee Of ,T�4 r�� (ealeulated at $3,009 _...... ram ..:....... This f ee shall be adjusted arinuaYly (commencing one year from the 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. Air quality mitigation fees for the golf courses shall be paid in three payments, with the first payment to occur prior to occupancy approval for the first golf course, and the second and third payments to be made one year and two years following the first golf course occupancy approval. The three golf course air quality impact fee payments shall be $42,998.94 for the first year, $44,531.54 for the second year, and $45,308 for the third year. Art in Public Places Fee /Obligation 18. The Applicant /Developer shall contribute to the City of Moorpark's Art in Public Places Fund, an amount of $10 per each 100 square feet of building area; or, if approved by the City Council, may install an art work of equivalent value near or at the clubhouse facilities. Park and Recreation Fee 19. The Applicant /Developer shall contribute an amount of $.25 per each square foot of clubhouse building area to fund park 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. CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 5, 1996 Ordinance 102 Requirement 21. The applicant shall pay a fee established pursuant to Ordinance 102 in the amount of $.05 per square foot of building area to be used to install, 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 Common Maintenance Area Improvements 26. Except for the street improvements, maintenance responsibility for the other "C" Street "Common Maintenance Areas ", including but not limited to the landscaping improvements in the parkway, medians, and at the 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 Common Maintenance Area improvements and maintaining such Common 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 5 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 5, 1996 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 prior to recordation of Phase 1 of the Final Vesting Map, subject to submittal and approval of an early grading agreement, compliance with other conditions of approval, and provision of surety to guarantee implementation of the erosion control plan and completion of the rough grading, construction of "C" Street and all related improvements including landscaping, construction of Walnut Canyon Road and Grimes Canyon Road improvements including required off - site improvements, construction of potable and reclaimed water line extensions and two water tanks, construction of sewer line extensions, construction of all required drainage improvements, and implementation and maintenance of habitat restoration (as required by the mitigation monitoring program); and 2) subsequent fine or precise grading permits shall be issued for individual phases of the Final Vesting Map after recordation. Contour Grading 29. Rough and fine grading plans must conform with the principles of contour grading. Manufactured landforms shall be contoured and daylight grading techniques shall be used to provide a smooth and gradual transition of graded and natural slopes, while preserving the basic character of the surrounding ridgelines of the site. Rough and fine grading plans for lots and golf courses shall be reviewed for compliance with these principles by the Director of Community Development and the City Engineer. Also, the grading plans shall indicate the manner in which the graded slopes shall be blended with the natural slope of the site. Ridge Setback and Planting CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 5, 1996 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. 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 7 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 5, 1996 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. — pEler . Ifial Vesting Hap Pie. 4928, the Appl&eafit/DevelepeE 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 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 5, 1996 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 -foot non - building area, restricted -use easement, as shown on Vesting Tentative Map No. 4928, and the landscaping within such easement shall be required to be consistent with the Fire Hazard Reduction Program that will be prepared prior to recordation of Phase 1 of the Final Vesting Map. Maintenance responsibility for the 100 - foot non - building area is identified on Sheets 1 and 2 of the approved Vesting Tentative Map No. 4928. Landscaping Requirements 44. Complete landscape and irrigation plans (2 sets), together with specifications and a maintenance program, shall be prepared for the Common Maintenance Areas (as required for Vesting Tentative Map No. 4928) and all golf course areas prior to rough grading permit approval. The landscape and irrigation plans shall be prepared by a State Licensed Landscape Architect, generally in accordance with the Ventura County Guide to Landscape Plans, and shall be submitted to the Director of Community Development for review and approval. The subdivider shall bear the cost of the landscape plan review, installation of the landscaping and irrigation system, and of final landscape inspection. All tree replacement, common area landscaping, golf course area landscaping, and permanent erosion control landscaping, shall be installed and receive final inspection prior to issuance of an occupancy approval for either golf course, with the exception that all streetscape landscaping shall be completed within 90 days of completion of the related course street base. The Landscaping and Irrigation Plans shall include landscaping specifications, planting details, and design specifications consistent with the following requirements: a. Irrigation: Irrigation shall be provided for all permanent landscaping identified in the approved landscape plan. The Applicant /Developer shall be responsible for maintaining the irrigation system and all landscaping until such time as an assessment district, golf course operator, or other entity accepts the responsibility. b. Tree Report: The information contained in the Final Vesting Map No. 4928 Tree Report, regarding which trees are to be saved or retained on the site, shall be noted on the landscape plan. C. Tree Replacement: The landscape plan for "C" Street and the entranceways at Walnut Canyon and Gabbert Canyon Roads shall specify how trees removed during the rough and fine grading phases of the project will be replaced in accordance with Municipal Code requirements. d. Streetscape Elements: The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths within the limit of this permit. e. Streetscape Appearance: All landscaped pedestrian walkways shall be designed to provide an aesthetically pleasing streetscape appearance, and shall be subject to approval of the Director of 01 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 5, 1996 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 J feet wide. M. Berms: For golf course lots 218 and 220, graded berms shall be constructed along all parking areas abutting or visible from any street or residential lot to act as a screen. Such berms shall have a maximum height of 4 feet and a minimum height of 3 feet and shall be landscaped. n. Graffiti Prevention: At major and minor entrances and any where a wall exists, the area directly in front of the wall shall be planted with 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 10 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 5, 1996 easements). All Common 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 Common 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 45. Reclaimed water shall be used for all common area landscaping irrigation and for golf course irrigation. Blending with potable water shall be permitted, for golf course greens, as approved in writing by the Director of Community Development prior to occupancy approval. Prior to rough grading permit approval, the City Engineer shall require a surety bond for the construction of the reclaimed water facilities and infrastructure. Reclaimed water shall be available to the golf courses prior to commencement of irrigation for permanent golf course landscaping. 11 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 5, 1996 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. Surety for Rouqh Gradin 47. A rough grading permit shall not be approved until: 1) an early grading agreement is approved and signed by the City Manager; and 2) the City Engineer and the Director of Community Development approve the acceptance of a Performance Bond to guarantee implementation of the erosion control plan, and completion of the rough grading; construction of "C" Street and all related improvements including landscaping; construction of Walnut Canyon Road and Grimes Canyon Road improvements, including required off - site improvements; construction of potable and reclaimed water line extensions and two water tanks; construction of sewer line extensions; construction of all required drainage improvements; and implementation and maintenance of habitat restoration (as required by the mitigation monitoring program). In the case of failure to comply with this condition, the City Council may by resolution declare the surety forfeited. Upon completion of rough grading and erosion control plan compliance to the satisfaction of the City, and following recordation of all phases of the Final Vesting Map, the City Council may reduce the amount of the bond; however, the bond must be kept in full force and effect for a minimum of one year following rough grading to ensure adequate erosion control and revegetation. Surety for Common Maintenance Area Improvements 48. No Zoning Clearance shall be issued for grading or other construction activities until all "C" Street Common Maintenance Area improvements specified in the conditions of approval for this permit and Vesting Tentative Map No. 4928 have been provided or the Director of Community Development approves the acceptance of a Performance Bond to guarantee the construction, installation, and maintenance of "C" Street Common Maintenance Area improvements including, but not limited to perimeter tract walls (including stucco treatment), fences, median and parkway landscaping, slope planting, irrigation, and other landscape improvements. Required improvements shall be completed prior to the first golf course occupancy approval. In case of failure to comply with any term or provision of this condition, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the City, the City Council may reduce the amount of the bond; however, the bond must be kept in full force and effect for one year after the last golf course occupancy to guarantee that items such as, but not limited to, perimeter tract walls, including stucco treatment, landscaping, fences, slope planting or other landscape improvements are maintained. 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 12 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 5, 1996 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 property, or prior to the first golf course occupancy approval, replacement /creation of up to a total of 3.9 acres of the Valley Needle Grassland habitat shall be provided within one or more protected areas of either the east or west golf courses, as approved by the Director of Community Development, and shall be maintained by the golf course operator(s). 51. Prior to rough grading permit approval, the project site plan shall be modified to clearly identify areas of dedicated open space within which native habitats shall be retained or restored. Approximately 2 acres of lot No. 217 shall be set aside for native habitat restoration. The restoration shall occur prior to occupancy approval for either golf course. Any other proposed uses for lot 217 shall require a CUP Modification approval as specified in Condition No. 6. A condition of approval for Vesting Tentative Map No. 4928 requires an irrevocable offer of dedication of lot 217 to the City for public purposes. 52. Prior to issuance of building permits for golf course construction, the Applicant /Developer shall fund a $60,000 Venturan Coastal Sage Scrub Community research program to be managed by the City. The purposes of this program shall be to accurately map the remaining distribution of this community, to study its soil requirements, plant ecology, and wildlife associations, to provide management advice on the community for agencies and private individuals, to raise funds for the purpose of acquiring lands where 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 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. 13 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 5, 1996 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: 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 14 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 5, 1996 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 Recruirements 58. This project shall not initially remove any mature tree protected under the City Tree Protection Ordinance. Damage or removal of any protected tree by this project shall be subject to the provisions of the Tree Protection Ordinance: a. No grading or other activity (e.g., equipment and material storage, parking, etc.) shall occur within the driplines on protected trees. To ensure this, temporary protective fencing shall be installed at least one foot outside the dripline of every such tree prior to grading. b. Grading and other activities may occur between the dripline and 10 feet beyond the dripline of every protected tree only if the project appointed City Arborist first conducts a field survey of the situation and certifies to the City that the protected tree will not be damaged by the proposed activity. In addition the Arborist shall monitor these activities while they occur to ensure that the protected tree is not damaged. C. Prior to grading, the grade subject to review by the Arborist shall be staked and otherwise marked as off - limits for activities not previously approved by the Arborist. Also, the off -limit areas shall show on the approved grading plan with notes to the grading contractor on the face sheet of the approved grading plans. d. Prior to grading, the Arborist shall tag and evaluate the health of every protected tree on the site, and develop a program of treatments to ensure the long -term health and survival of the trees. The results of this study shall be approved by the Community Development Director prior to start of grading or land clearing of any kind. On -Site Tree Nursery to Augment Regionally Depleted Oak Woodlands and Other Habitats 59. An on -site tree nursery shall be developed and maintained within the golf course area to propagate plant species for use on site. The Community Development Director shall approve the location of this nursery. The nursery operational plan shall be approved prior to occupancy approval for the first golf course. Plants shall be distributed to the public on an annual arbor day, or at the Director of Community Development's discretion. At a minimum, 100 oak seedlings (5 gallon or larger) and 100 other native broad leaf trees (5 gallon or bare root) shall be made available annually free of charge to the public. Such events shall be advertised by the golf course operators. Integrated Golf Course Management (IGCM) Plan 60. Prior to rough grading permit approval, the Applicant /Developer shall prepare and submit to the City for review and approval an Integrated Golf Course Management (IGCM) Plan to address water quality impacts of the golf courses; or preparation of the IGCM Plan may be deferred to prior to Zoning Clearance for a building permit for the first golf course, if an 15 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 5, 1996 interim drainage plan is approved by the City Engineer. The intent of this requirement is that the permanent drainage plan shall be designed to be in conformance with the IGCM Plan. The management practices recommended in the IGCM Plan shall be the governing document for the long term maintenance of water quality associated with development of the project. The City shall periodically monitor adherence to the requirements and management guidelines contained in the Plan. The Plan should require periodic analysis of the nutrients in the reclaimed water and the nutrient and moisture requirements of the grass and other landscaping within the golf courses. The plan shall be developed, at the Applicant /Developer's expense, by experts in golf course design, surface water and groundwater hydrology, turf management, mechanical, and biological controls, arborists, and experts in native California plants. In addition, the City may, at its sole discretion and at the Applicant /Developer's expense, use City staff or outside consultants to review the plan. These costs shall be included in the maximum annual monitoring cost specified in the Project Mitigation Monitoring Program. The Plan shall require that each golf course operator incorporates the following basic management practices into golf course operations: a. Testing of soils and turf conditions at regular intervals. This will provide information to determine the application rates for non - potable water, fertilizers and pesticides so that the following can be accomplished: b. Nutrient levels between those received from the reclaimed water irrigation and those applied by the golf course staff can be balanced. C. Pesticides can be applied only when necessary to cure a problem, and in positively identified pre- emergent situations, not as a preventative measure. d. Fertilizers in either slow - release forms or in light, frequent application of soluble forms can be applied to improve nutrient recovery. e. Constructing golf course areas (tee boxes, landing areas, greens, etc.) to collect and drain irrigation/ storm water runoff to on- project first flush basins. f. Reusing collected irrigation water. g. Using computer controlled irrigation systems with ground moisture sensors to control irrigation rates and levels to match soil moisture and infiltration rates. h. Using wetting agents to aid infiltration and reduce runoff. i. Using wells in the area to monitor groundwater quality. A testing program, implemented as part of the county -wide Storm Water and Groundwater Monitoring Program, will establish a benchmark composition of existing groundwater. Water quality will then be measured on a yearly basis for the first five years of golf course operation. j. Late evening application of pesticides; k. Use of biological controls for insects (such as installing swallow and bat boxes on the golf course); HE., CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 5, 1996 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. 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. 17 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 5, 1996 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/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. 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. 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: 18 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 5, 1996 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 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 Planning 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 19 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 5, 1996 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 Recover 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 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. 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. 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. Earthcruake Design Requirements 75. The golf course clubhouses shall be designed according to the most recent UBC requirements to accommodate structural impacts from ground acceleration and maximum credible earthquake event. Utility Room CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 5, 1996 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. Building 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. 21 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 5, 1996 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 is required for the East golf course (based on a 1,940 square foot building and an 18 -hole golf course), and not more than 50 percent of the parking requirement can be provided off -site, within 500 feet. If a portion of the East golf course parking spaces are to be provided off -site, a recorded lease is required prior to occupancy approval to provide that the parking will exist as long as the use it serves, unless the parking is replaced with other spaces. A reciprocal access easement shall also be recorded prior to occupancy approval of either golf course, to ensure that the clubhouse access road and parking areas serve both courses. b. West Golf Course (Lot No. 220): Consistent with the approved West golf course plans (includes 20,400 square feet of clubhouse facilities, an 18 -hole golf course, and 40 driving range spaces /tees), a minimum of 232 parking spaces shall be provided, including 30 spaces for the East golf course, unless those spaces are to be provided within lot No. 218. One loading zone is also required, a minimum of 12 feet wide by 40 feet long. Enforcement of Vehicle Codes 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 22 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 5, 1996 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. i. Enclosures: the design of the refuse enclosure shall be subject to the approval of the Director of Community Development, prior to the issuance of a zoning clearance: i. All rubbish disposal areas shall be screened with a six foot high, solid wall enclosure with metal gates. Pipe guards shall be eliminated around typical rubbish bin enclosures. ii. In cases where space for 2 three cubic yard bins is required (107" x 84 or 168" x 53.5 "), the opening of any bin enclosure must be at least 84 inches (the size of a three cubic yard bin). This requirement applies to the amount of space exposed when the gate is fully opened. 23 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 5, 1996 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. Lighting 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. 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 24 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 5, 1996 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 /Banquet Rooms Golf Course and Driving Range and L.iahtina 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 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 PERMIT FOR ROUGH GRADING, THE EVLLOWING 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. 25 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 5, 1996 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 FOLLOWING CONDITIONS SHALL BE SATISFIED: 97. Prior to reeeE _tier of phase -4 e€ the Final i mar -rang ... l 4' i ? god : goif - 6.4 ija the subdivider shall pay to the City the T.os Angeles venue Area of "Contribution (AOC) Fee for the golf courses easses,he O6x srI� shall be calculated based on a 9.18 -acre commercial site and the the tir 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: 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 of 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 26 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 5, 1996 shoulders on each side consistent with Sheet 3 of 4 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 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. 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 of 4 of approved Vesting Tentative Tract 4928. The (60 foot ROW) shall be widened as necessary to construct: a dedicated 12 foot southbound left, 13 foot northbound right turn lane, and 16 foot through lane for the project entrance with "C" street, and 10 foot wide paved shoulders. 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 Los Angeles Avenue. Modifications shall also be made at the railroad crossing adjacent to this intersection to improve the safety of this location. In addition, as required by Caltrans, a median acceleration lane shall be provided for southbound traffic turning eastbound along State Route 118. Plans for modification of the Los Angeles Avenue (State Route 118) /Grimes Canyon Road intersection, shall be reviewed and approved by the City and Caltrans. Plans for modification of the railroad crossing shall be reviewed and approved by the Southern Pacific Railroad and the City. A sight distance study shall also be conducted as part of the intersection and railroad crossing modifications. Interior Streets: 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 sixty (60) foot right of way and configured to provide the following cross section as shown on sheet 1 of 4 of the approved tentative map: 27 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 5, 1996 1 -six (6) foot sidewalk located within the southerly 18 -foot parkway 2 -eight (8) foot bikelanes 2- twelve (12) foot travel lanes 1- fourteen (14) foot median at "C" Street Entranceways Left Turn Pocket at all Cross- streets (not including three -way stop at clubhouse entry drive) The northerly parkway shall maintain a 2 percent slope for a minimum distance of 5 feet from the proposed back of curb. Rolled curbs shall be permitted providing no design /drainage constraints prevent their use. A 3 -way stop sign shall be provided at the intersection of "C" Street and the clubhouse entry drive. To avoid conflicts with traffic on "C" Street, a tunnel or similar underbridge accessway, shall be constructed under the "C" Street bridge to enable connecting the 14th and the 15th holes for the West golf course. The tunnel shall be constructed to specifications approved by the City Engineer. Left turn storage lanes are required at all public and private intersections on "C" Street. Adequate intersection right of way shall be provided for constructing all left -turn pockets without decreasing other lane width 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, THS POLLOWING CONDITIONS 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. 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, CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 5, 1996 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 request that all employees involved in grading operations on the project wear face masks to reduce the inhalation of dust which may contain the fungus which causes San Joaquin Valley Fever. 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 29 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 5, 1996 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 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 IXPROVMWVTS AND BOND EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 131. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 30 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 5, 1996 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(B) 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 DEPARTMENT 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. PRIOR TO ZONING cLEARAucr/Buzw2wG PERbtIT : 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 ingress and egresses from the clubhouses shall be provided with a minimum maintained five (5) foot candles of light, or other minimum as approved by the Director of Community Development after consultation with the Chief of Police. 31 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 5, 1996 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 ISSUANCE OF AN OCCUPANCY PERMIT, THE MZZOVING 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. IV. VENTURA 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 non - buildable easement required by Vesting Tentative Map No. 4928 The landscape plan for the 100 -foot non - buildable easement shall include native species. 32 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 5, 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. 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. 159. An approved spark arrester shall be installed on all chimneys. Road and Driveway Rego irements 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. 33 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 5, 1996 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. 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. 34 CONDITIONAL USE PERMIT NO. CUP -94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORPORATION April 5, 1996 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 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. 19M "Y-5/ Al Resolution Number 96- Attachment 2 ADDENDUM TO THE FINAL ENVIRONMENTAL IMPACT REPORT The Moorpark Country Club Estates Project (State Clearinghouse No. 94081075) Vesting Tentative Tract No. 4928 Residential PD Permit No. 94 -1 Conditional Use Permit (CUP) No. 94 -1 General Plan Amendment No. 94 -1 Zone Change No. 94 -1 Development Agreement 95 -1 Prepared for: THE CITY OF MOORPARK 799 Moorpark Avenue Moorpark, California 93021 Planner: Debbie Traffenstedt (805) 529 -6864 Prepared by: THE PLANNING CORPORATION P.O. Box 20250 Santa Barbara, California 93120 (805) 472 -0447 April, 1996 INTRODUCTION Decision to Prepare an Addendum to the Moorpark Estates Final EIR This Addendum has been prepared in accordance with relevant provisions of the California Environmental Quality Act (CEQA) of 1970 as amended and the CEQA Guidelines. CEQA Guidelines define an Addendum as the proper method for analyzing minor potential environmental consequences of a project for which a previous EIR has been prepared. Based on CEQA Guidelines and case law, an Addendum is appropriate when the following criteria are met: (1) only minor technical changes are needed to make the analysis in the prior EIR sufficient; (2) the changes to the Project Description are non - significant and contain elaborations upon or clarifications to components of a project that were described in a conceptual or schematic manner in the original EIR; (3) no significant environmental impacts are anticipated that were not contemplated in the prior document; and (4) no additional substantial mitigation planning is necessary for project implementation; clarification and refinement of mitigation planning is acceptable. In the case of Vesting Tentative Map 4928 and related entitlements, impacts to all natural, cultural, and physical resources were assessed in the prior certified environmental document. During the several months that have elapsed between certification of the Final EIR and the present, the proposed project has been amended in the following manner: (1) The applicant and the City have entered into negotiations tc complete a Development Agreement which will govern issues related to fees, exactions, mitigation measures, golf course operations, and related matters. The preparation of a Development Agreement was included in the discussion of impacts in the Final EIR and was recommended as a mitigation measure for the project to offset a variety of impacts, including impacts to hillside views and the integrity of protected ridgelines. (2) The applicant and the City are pursuing negotiations that may assist in offsetting some of the costs associated with mitigation measures and compliance with the terms and conditions being negotiated in the Development Agreement. Addendum to the Moorpark Estates EIR -2 April 4, 1996 This document is also designed to cover final CEQA compliance review of all final conditions necessary for implementation of the project including: (1) publication and consideration of the final version of the Conditions of Approval for the project; (2) identification of changes in the Site Plan, Conditions of Approval, and content of the Development Agreement since initial approval of the project by the Planning Commission and since certification of the Final EIR; (3) Preparation and public review of a Mitigation Monitoring Program. (4) Adoption of a Development Agreement Addendum to the Moorpark Estates EIR -3 April 4, 1996 ADDENDUM ANALYSIS This document is designed to cover CEQA review of all final conditions necessary for implementation of the project including: (1) publication and consideration of the final version of the Conditions of Approval for the project; (2) identification of changes in the Site Plan, Conditions of Approval, and content of the Development Agreement since initial approval of the project by the Planning Commission and since certification of the Final EIR; (3) Preparation and public review of a Mitigation Monitoring Program; and (4) Adoption of a Development Agreement. A brief analysis is provided of the environmental concerns that prompted the preparation of an Addendum. However, first a review is provided of the modifications to the project that have been made since submittal and consideration of the original project (described in the Certified Final EIR). Project Modifications Development Agreement The applicant and the City are in the final stages of preparing a Development Agreement for the project. This Agreement will address a number of issues pertaining to the construction and operation of the golf course and clubhouse, the establishment of mitigation fees and exactions, and the refinement of definitions concerning both the entitlements permitted under the Agreement and Conditions of Approval for the project. Preparation of a Development Agreement was referenced repeatedly in the EIR as an advisable mitigation measure and therefore the preparation of the Agreement at this time is considered an essential step in completing mitigation planning for the project. Preparation and approval of the Development Agreement itself will not have any environmental consequences and therefore no further CEQA consideration of this agreement is required. Addendum to the Moorpark Estates EIR -4 April 4, 1996 Modifications to the Project Grading, Design, and Urban Form The modified project described in this Addendum was considered in the Final EIR (Alternative 5). The design objective for this alternative was to conceive a variation of the project as proposed that would meet the applicant's objectives while reducing environmental effects and improving the proposed urban design. This alternative was developed with the cooperation of the applicant's engineer. This alternative is now being substituted for the project design originally submitted to the City for consideration. This substitution of designs will result in a diminution of environmental effects. Therefore, the project, as amended, is environmentally superior to the project described in the Certified Final EIR. The redesigned project, compared to the original project, has the following general attributes: (1) the northern extension of the western neighborhood was eliminated to prevent grading and landform modification along the northern perimeter of the development; (2) an open space buffer was incorporated into the design around the northern, eastern, and southern portions of the property; (3) the golf courses were redesigned to achieve greater compactness, to reduce intrusions into preserved open space, to reduce grading and air quality impacts, and to prevent potential traffic - pedestrian /golf cart conflicts; (4) the golf course lake system was redesigned to provide an improved surface drainage design (so surface water is directed, to the maximum extent feasible, into water features) which assists in reducing the potential for surface water impacts to downstream areas from golf course chemicals; (5) additional retention capacity was provided to further reduce any potential hydrology impacts within the Gabbert Canyon drainage; (6) the water system for the project was designed to conform with Water District No. 1 master plans for storage reservoir capacity; (7) the layout of houses within the eastern neighborhood was changed substantially to break up the linearity of the original design and to provide more exposure of the neighborhood to the golf course fairway areas; (8) the golf course clubhouse was relocated and redesigned to achieve more compactness and to reorient elevations to prominent fairway exposure; Addendum to the Moorpark Estates EIR -5 April a, 1996 (9) a substantial setback and areas of open space and golf course perimeter rough areas were planned around the perimeters of the project to provide additional buffers between the proposed project and surrounding rural neighborhoods; (10) all higher density housing which would have intruded on the quality of life of surrounding rural neighborhoods was eliminated; and 0 1) the applicant has agreed to revise the street sections and streetscape for the project to include a parkway design, to provide reduced width street sections (on cul -de- sacs), and to provide a coordinated boulevard street tree planting program on the project collector (C Street) linking Walnut Canyon and Gabbert Canyon. Other modifications have included elimination of residential driveways along the project collector "C" Street and provision of a system of private streets to provide access for homes within each residential neighborhood. (12) Modifications were made in the intersection configuration and alignment of the main project collector "C" Street intersection with Walnut Canyon Road. These changes will increase sight - distance and the safety of turning movements into and out of the development. The proposed layout for the revised project is illustrated as an attachment to the Conditions of Approval for the project and the anticipated grading impacts of this layout, which have resulted in substantial grading reductions compared to the project described in the Final EIR. Comparing the grading impacts predicted for the proposed project and the revised project, it is evident that a very substantial reduction in grading has been achieved (approximately a 900,000 cubic yard reduction). Addendum to the Moorpark Estates EIR -6 April 4, 1996 Environmental Effects of the Project Described in this Addendum The potential reductions in environmental effects associated with this project are summarized briefly in the following discussion. Geologic and Seismic Hazards Impacts associated with mass grading, landform modification, slope stability, and all types of soil disturbance typical of mass graded projects would all be reduced with the approval of this project compared to the originally proposed project. Slope stabilization requirements would be reduced in several residential areas that were tc be remediated under the project design as proposed. All impacts associated with proposed mass grading will be significantly reduced with this alternative. The potential for seismically induced slope failures also would be diminished with the amended project. Potential downstream hydraulic and debris transport impacts would be correspondingly reduced. Air Quality Impacts Operational impacts associated with the project would not be significantly reduced with this project since the same number of residential lots and golf courses are planned. The revised project would not result in any additional environmental impacts not previously described in the certified Final EIR. However, construction related impacts would be substantially reduced compared to the proposed project. These reductions would occur to PMT p values as well as to all ozone precursors. The duration of construction, particularly the air quality disruptive grading period, would be reduced. Groundwater Supplies and Surface Water Quality Due to improved planning for on -site retention and the addition of a larger number of more widely distributed water features (which serve as 'filters' for turf chemicals), impacts to surface water quality would be diminished with this project. Impacts related to groundwater supplies, groundwater extraction, and long term water supply planning would be equivalent to the project as proposed. However, due to the greater compactness of the golf course route and the reduction in grading area, some minor reduction in reclaimed water demand may result from adoption of this amended project compared to the project described in the Final EIR. Drainage, Hydrology, and Flood Control While some minor changes will occur in drainage planning and flood control structures, the amended project will result in very similar types of impacts. The golf course design, however, has been modified to provide increased on site storm water retention which is an improvement over the design of the project described in the Final EIR. Addendum to the Moorpark Estates EIR -7 April a, 1996 Biological Resources Although the amended project and the project described in the Final EIR will result in very similar disturbances to the on -site vegetation communities within the property boundary, the amended project described in this Addendum will result in a modest improvement in the preservation of on -site habitat. The provision of an open space buffer around the project perimeter will provide for a transition zone of native habitat that will assure that at least some of the rare habitats on site will be preserved. The greater compactness of the golf course also will contribute to reducing the overall impacts of the project. With these exceptions, the project and alternative will result in very similar impacts to native plants, habitats, and wildlife. Noise The amended project will improve the ambient noise environment for the proposed homes within the project boundary because fewer homes will be directly exposed to the major collector street passing through the development. Larger lot sizes will permit changes in building orientation and site planning that can minimize the exposure of bedrooms to the street. The proposed setbacks from the existing residential neighborhoods on the eastern and western perimeters of the project will decrease nuisance noise for existing residents. With these exceptions, the anticipated impacts of the project and the previously considered project are approximately the same. Fire Hazards Fire hazards would be reduced with the project as amended since lot sizes will be larger and greater separation will occur between residences in the project and between the project and surrounding neighborhoods. The layout of the project as revised will also permit more coordinated and improved fuel modification zone planning. The areas for fire hazard fuel maintenance can also be more conveniently serviced by the Homeowners Association given the larger average lot sizes. Less intrusion will occur into native habitat surrounding the property. Population, Housing and Jobs: Housing Balance The impacts of the amended project and the prior project are not significantly different for issues related to housing markets, population growth, and job formation potential. Transportation and Circulation The amended project will result in improved internal circulation, less potential for pedestrian and bicycle accidents, less exposure of children and young adults to high volume traffic (due to improved neighborhood design), greater street privacy for potential residents, an improved streetscape design (which will encourage slower travel speeds along the major collector linking Walnut Canyon Road and Grimes Addendum to the Moorpark Estates EIR -8 April 4, 1996 Canyon Road), elimination of private driveways along the central collector "C" Street, and an improved project entrance with increased sight- distance and a better intersection configuration. Since no reduction is proposed in the number of homes or golf courses, the off -site impacts of the project on the surrounding street system (road capacity and intersection impacts) would remain equivalent for the project and alternative. Public Services and Private Utilities Since no change is proposed in the number of residential units and two golf courses are proposed to be constructed under both the project as described in the Final EIR and the amended project, impacts on public services and private utilities would remain the same. The amended project, however, provides greater setbacks from high voltage transmission lines. While there appears to be no significant risk of exposure from the dispersion of electromagnetic impulses along the utility corridor, increased setbacks appear to be a prudent course of action. Aesthetics, Visual Resources, Community Design The improvements to the project aesthetics and community design that have been incorporated into the amended project are very significant improvements over the project as described in the Final EIR. These improvements include a better streetscape and street layout, larger lots which improve quality of life and provide enhanced private recreational areas within individual lots; considerably improved lot orientations to the proposed golf courses; greater privacy of residence in relation to the street; diminished impacts to the community viewshed and considerable preservation of ridgelines around most of the project. On the issue of design and aesthetics, the amended project is far superior to the project as proposed. In summary, the amendments proposed by the applicant to the project description that occurs in the Certified Final EIR reduces impacts in most categories of significant environmental effect. In several other impact categories, the amended project and the project as described in the Final EIR will result in comparable effects. Therefore, from the standpoint of urban design, community planning, and environmental impact reduction, the amended project is superior to the project as proposed. This amended project also basically addresses all of the development goals set forth by the applicant. Addendum to the Moorpark Estates EIR -9 April 4, 1996 CEOA CONDITIONS OF APPROVAL A complete set of the proposed Conditions of Approval for the project are available for review at the City of Moorpark Department of Community Development. These conditions may be modified slightly by the City Council in final actions on the project. No additional Conditions of Approval were determined to be necessary as a result of the preparation of this Addendum. Addendum to the Moorpark Estates EIR -10 April 4, 1996 CEQ.A MITIGATION MONITORING PLAN AB 3180 (Stats 1988, ch. 1232), which became effective on January 1989 and has been codified as Public Resources Code Section 21081.6, now requires that, along with the adoption of the findings specified in an environmental document, the lead agency must also adopt a "reporting /monitoring program to ensure compliance during project implementation." A mitigation monitoring program has been prepared for the proposed project. Copies of this Plan are available for review at the City of Moorpark. The Plan requires that an Environmental Quality Assurance Program be prepared and implemented (to be funded by the applicant) to assure that the large number of complex conditions required of the project are properly implemented. Addendum to the Moorpark Estates EIR -11 April 4, 1996 . 1C_ ATTACHMENT 3 RESOLUTION NO. 96 - MITIGATION MONITORING PROGRAM AND ENVIRONMENTAL QUALITY ASSURANCE PLAN (EQAP) for the The Moorpark Country Club Estates Project (State Clearinghouse No. 94081075) Vesting Tentative Tract No. 4928 Residential Planned Development Permit No. 94 -1 Conditional Use Permit No. 94 -1 General Plan Amendment No. 94 -1 Zone Change No. 94 -1 Prepared for: THE CITY OF MOORPARK 799 Moorpark Avenue Moorpark, California 93021 Planner: Deborah S. Traffenstedt (805) 529 -6864 Prepared by: THE PLANNING CORPORATION P.O. BOX 20250 Santa Barbara, California, 93120 (805) 472 -0447 Revised: April 4, 1996 MITIGATION MONITORING PROGRAM FOR THE MOORPARK COUNTRY CLUB ESTATES PROJECT (GPA -94 -1, ZC -94 -1, VTM -4928, CUP -94 -1) Introduction The City of Moorpark is in the final stages of reviewing and adopting Conditions of Approval for the proposed Moorpark Country Club Estates project. An EIR has been certified on the project. This proposed development, which includes two golf courses and 216 custom homes, is currently being amended to permit potential modifications which will modify the golf course layout to minimize grading impacts, improve circulation and safety at points of ingress and egress for the project, provide for a gated private street system for the residential neighborhoods within the project boundary and eliminate driveways on the rural collector street that traverses the project. A Development Agreement is also in preparation. These modifications are the subject of an Addendum to the certified Final EIR; this Addendum has been prepared and will be adopted prior to final approval of the project. Among the actions required for approval of the project, it is necessary to adopt a Mitigation Monitoring Program. AB 3180 (Stats 1988, ch. 1232) which became effective on January 1989 and has been codified as Public Resources Code Section 21081.6, now requires that, along with the adoption of the findings specified in an EIR, the lead agency must also adopt a "reporting /monitoring program to ensure compliance during project implementation." Environmental Quality Assurance Plan (EQAP) Vesting Map No. 4928, Residential Planned Development Permit No. 94 -1, and Conditional Use Permit No. 94 -1 entitlements require preparation and implementation of an Environmental Quality Assurance Plan (EQAP) as follows: The mitigation monitoring program shall be enforced through implementation of an Environmental Quality Assurance Program (EQAP) by the City. The ApplicanbDeveloper shall pay for 100 percent of the City's cost, including administrative fee, to hire a qualified consulting firm to monitor grading, construction, and mitigation compliance. General procedures governing Environmental Quality Assurance Programs (EQAP), which implement California Environmental Quality Act (CEQA) Mitigation Monitoring Requirements, shall govern this monitoring effort. The selected consultant shall be familiar with golf course development. Mitigation Monitoring Program and EQAP -1 In a proposed undertaking with extensive Conditions of Approval that will require coordination of a number of agencies and considerable field monitoring, an efficient and effective method for assuring that such conditions are implemented properly is to require that an applicant funded monitor be retained to coordinate condition compliance. This EQAP monitor can be hired as a part- time /temporary City employee or a private professional can be retained under contract with the City to provide such services. Mitigation Monitorinq Program The purpose of a Mitigation Monitoring Program (MMP) is to avoid or minimize environmental problems while providing documentation useful to decision makers in the review, evaluation and development of permit conditions on future projects. The MMP is intended to provide a procedure for the implementation of mitigation measures that have been identified in the project Final Environmental Impact Report. The MMP should include the integration, coordination, and implementation of all mitigation measures and a process to assure compliance. The EQAP program implements the EIR Mitigation Monitoring Program. The legally required framework for assuring proper mitigation compliance for all mitigation measures is provided in the Mitigation Monitoring Program summary table attached to the project resolutions of approval for the project. Unlike the MMP, the EQAP provides a specific framework for assigning responsibilities, reporting results and designating authority to secure condition compliance or stop work when deemed necessary. The EQAP also provides for monitoring and coordination at no expense to the City; the EQAP monitor is funded by the applicant or project developer. Distinguishing between the MMP and EQAP is simple; an MMP is a program or plan and the EQAP is the actual implementation method for assuring compliance. On a large scale project such as the Moorpark Country Club Estates development, use of an EQAP program monitor is essential to ensure proper compliance with the extensive set of conditions applied to the project. Furthermore, the project will require very extensive rough grading, the preparation of a number of pre - development studies and reports, and coordination of a number of City and non -City participants. Important EQAP Monitor Attributes The overall goal of the EQAP monitor is to establish a framework for a proactive rather than a reactive approach to environmental monitoring and the protection of neighborhood quality of life during the construction period. The EQAP monitor is responsible for anticipating environmental Mitigation Monitoring Program and EQAP -2 4-4-`4. U problems and instituting corrective actions before problems materialize or become difficult to solve. Close coordination of all concerned parties and a spirit of cooperation directed toward the resolution of problems in a timely and cost effective manner is essential to the success of an EQAP program. EQAP monitors (or monitoring firms) should have demonstrated breadth of environmental knowledge and an understanding of the development and permit process. EQAP Program Activities Objectives which are important to the effectiveness of an EQAP program include the following: a) Familiarizing construction workers with the environmental requirements for the project; b) Providing a chain of command for carrying out permit conditions and resolution of issues of concern to the City, the applicant, and the contractors implementing the construction program for the project; C) Providing for remedial measures and follow -up until the activity complies with permit requirements; d) Providing the City with field monitoring services; e) Providing a procedure to investigate and respond to any citizen inquiry or complaint involving site development; f) Resolving issues in a timely manner to maintain critical construction schedules; and g) Meeting permit requirements in a cost effective manner that does not require expenditures of City monetary resources. The Mitigation Monitoring Program as implemented by the EQAP monitor should serve as a concise and effective working framework for the integration of agency personnel, the construction crew, the on -site monitoring /compliance team, and the applicant/developer. The interpretation of how best to institute the environmental mitigation measures required by the City is the responsibility of the EQAP monitor and the City Director of Community Development. Mitigation Monitoring Program and EQAP -3 L4-ti-96 The Mitigation Monitoring Program, as administered by the EQAP monitor, should provide for the following basic actions: a) the EQAP monitor shall review all grading, construction, and building plans submitted to the City for condition compliance review to ensure that all applicable mitigation measures are addressed; b) the monitor shall modify the Mitigation Measures for the project (this list is provided in table form in Appendix 1 of this document) to be consistent with final Conditions of Approval for the Vesting Map, RPD Permit, and CUP. In cases where a discrepancy exists between these two sets of conditions, the adopted Conditions of Approval shall prevail. C) The EQAP monitor shall establish a schedule for legal /administrative involvement by the City in confirming that mitigation measures have been implemented; d) determine what field monitoring action(s) are required and what environmental measures are to be implemented if conditions conflict or if measures become infeasible due to field conditions; e) define what person (or agency) is responsible for final compliance checks (in the cases where specific permits and clearances are required prior to occupancy); f) assure that a single person is responsible for bridging the implementation of mitigation measures from plan checking to field monitoring; g) define a compliance method for each measure; h) confirm the timing of mitigation in relation to construction activities; and i) ' arrange an overall schedule of monitoring activities in- relation to rough and precise or fine grading. The EQAP monitor also needs to assure that all four distinct phases of mitigation implementation are properly integrated; these phases include preconstruction, rough and precise or fine grading, Mitigation Monitoring Program and EQAP -4 4-4-96. construction and on going operations. Recommended Monitoring Agencies and Personnel The following assigned personnel should be designated as participants in the Mitigation Monitoring Program for this project. Plan Check Monitoring Participants: 1. Community Development Department Staff 2. Building and Safety Department Staff 3. City Engineer's staff 4. Public Works Department Staff 5. City Arborist/Landscape Architect 6. Geotechnical Review Consultants (Bing Yen) 7. Caltrans staff 8. County Public Works Agency (Flood Control and Traffic Divisions) 9. The EQAP monitor assigned to the project. 10. Specialists (biologist & paleontologist) as required by project conditions. Field Monitors: 1. City Community Development Department Staff 2. City Building and Safety Inspector 3. City Public Works Inspectors 4. A soils engineer and geotechnical consultant retained by the City to verify final geotechnical work performed by the applicant's geologists or geotechnical engineers 5. County of Ventura Fire Prevention staff 6. City Engineer's Staff 7. The EQAP monitor assigned to the project. 8. Specialists should be retained as required by project conditions. L( -L1 -96 Mitigation Monitoring Program and EQAP -5 Issues of Concern for Successful Implementation of an EQAP Program To be effective, the EQAP monitor should have a regular reporting procedure. This reporting program should involve preparation of written reports on a weekly basis to the City to provide feedback regarding the feasibility and effectiveness of the mitigation measures imposed on the project. The EQAP monitor is intended to serve as an on -site coordinator to establish a hierarchy of authority among specialists that are in the field reviewing various remediation and mitigation actions. The EQAP monitor must have the authority to stop or redirect work if necessary and to call in specialists or agency staff when needed. Furthermore, the EQAP monitor should establish a procedure in consultation with the City for settling disputes. In some cases, mitigation measure wording may not be explicit enough to provide direction to plan checkers or field monitors. The EQAP monitor should resolve such issues with the approval of the Director of Community Development. EQAP Proqram Management and Communications Management hierarchy and communication pathways must be clearly delineated to assure optimal working relationships and appropriate reporting. The EQAP program should be implemented with a "team" approach. The EQAP monitor should be responsible for working with the City, the developer's contractors, and responsible and trustee agencies to facilitate clear lines of responsibility and contact. Frequent and regular communication among the monitoring team members is essential for successful compliance. Suggested methods for written communication include daily field logs, compliance reports for when a condition has been satisfactorily completed, and monthly summary reports (depending on the ultimate length and complexity of the monitoring process). Responsibility and Authority Each member of the monitoring team should have distinct and non - overlapping duties and authority. The persons responsible for implementation of the- monitoring program shall be selected and retained by the City, after consulting with the developer. These team members shall be directly responsible to the City. Mitigation Monitoring Program and EQAP -6 %-t'4 ^96 For the Moorpark Country Club Estates project, recommended team members include: 1. On -site Coordinating EQAP Monitor - This monitor is a multi - disciplined manager of the entire EQAP program; this individual has three key functions: (1) to serve as a liaison with the developer, the City, other monitoring team members and the construction crew; (2) to manage and report field monitoring activities, problems and successes; and (3) to stop or redirect work when determined necessary. The monitor is responsible for ensuring that daily monitoring assignments are carried out, for completion and review of daily logs and any compliance reports, and for the prompt transmittal of information to the City and the developer. The monitor will be responsible for ensuring that the correct specialist is on -site prior to initiation of the construction activities affecting that discipline (e.g., archaeological clearances, confirming relocation of essential Water Works District facilities; assuring completion of biological remediation, etc). 2. Environmental Specialists -- Environmental specialists may need to be retained on an as needed basis (e.g., discovery of an archaeological deposit, discovery of hazardous materials, etc.) Such specialists would only be on -site as needed, when the EQAP monitor determines that the scope of construction activities warrants special expertise. Engineers, biologists, arborists and archaeologists are the most frequently retained specialists. The Conditions of Approval for this project require the presence of an archaeologist and paleonotologist during initial grading. The monitor (or monitoring firm) can provide these skills or independent consultants can be retained; if independent monitors are retained, the duration and frequency of monitoring should be defined by the EQAP monitor. Construction Crew Orientation To assure clear lines of communication, the EQAP monitor should provide for an orientation for all monitoring and construction personnel. The briefing should include the construction supervisor and --his crew directors, the developer and the City. The intent of the briefing is to acquaint the construction crews with the environmental sensitivities of the project site, to introduce the monitoring team to the construction team and to review construction specifications and outline the lines of authority when problems are encountered. Emphasis should be placed on the need to work together to resolve problems and arrive at solutions in the field. All field 4-4"46 Mitigation Monitoring Program and EQAP -7 teams must understand that construction stoppage will be used if necessary in cases of serious non - compliance with environmental mitigation measures. The developer shall be required to appoint a contact person (to be provided with a pager) who shall be accessible to the City staff and EQAP monitor. Field monitors shall also be required to have pagers to provide a prompt method of City- monitor communication. Compliance Criteria Compliance criteria should be developed by the EQAP monitor so that the City and the on -site monitor can determine if a specific mitigation condition has been successfully completed. Criteria for plan check as well as field monitoring should be established. The criteria should include specific violations that could result in a "stop work" order. Work Stoppages The monitoring program should include a process by which work stoppages are permitted if violations of the mitigation measures could result in resource destruction or environmental contamination. Sample procedures for handling such incidents are set forth below: Rationale for Work Stoppage: Work should be suspended if mitigation measure compliance violations could result in significant environmental impacts or the discovery of an unanticipated problem (such as an unidentified archaeological deposit or a concentration of hazardous soils requiring remediation); the immediate stoppage of a specific construction activity should be permitted until necessary remediation is decided upon and implemented. Procedure: The EQAP Monitor should have the authority to direct construction crew to halt activities at specific locations where the violation has taken place and to require immediate performance of a necessary remediation. Other site construction may continue. - - The EQAP Monitor should immediately notify the construction supervisor and the City. A course of action should be determined in consultation with the City and a construction change order should be issued (if necessary). Mitigation Monitoring Program and EQAP -8 '-l-4-1& When remedial work is complete, the Monitor should issue an order for work to resume in the affected area. The violation or incident and its resolution shall be documented in the Field Log and Monthly Report. Dispute Procedures The EQAP monitor should arrange a system for resolving disputes. The City shall maintain ultimate authority to decide the appropriate course of action to achieve resolution of the disputed issue in consultation with the developer. The Community Development Director shall have authority over disputes. Field Inspections Many of the mitigation measures outlined in the Mitigation Monitoring Program should have a follow -up field check or will require on -going monitoring during the construction period. The EQAP monitor should be responsible for defining at what point in the construction process a check on condition compliance is obtained. Process Check Points The EQAP monitor should arrange for specific check points throughout the monitoring process which identify when crucial information is needed before the next step in the development process should be taken (e.g., permits should not be issued until all plans are received and have completed plan check, combustible materials should not be brought onto the site until the water /fire fighting system is installed, etc.). Long Term Condition Compliance Review The Director of Community Development shall periodically review the status and operation of the golf course for compliance with long term management restrictions; compliance with requirements of the Integrated Golf Course Management Plan should also be reviewed periodically by the Community Development Director. Mitigation Monitoring Program and EQAP -9 `1- 4'96 Bollinger Development Corporation The Moorpark Country Club Estates Project MITIGATION MONITORING PROGRAM: SUMMARY TABLE In the following summary table, in cases where a mitigation measure, as included in the Final Environmental Impact Report, conflicts with an adopted Condition of Approval for Vesting Tentative Map No. 4928, Residential Planned Development Permit No. 94 -1, and Conditional Use Permit 94 -1, the stricter or more specific language shall apply, as determined by the Director of Community Development, during condition compliance review for each phase of development. Modifications to mitigation measures since certification of the Final Environmental Impact Report have generally been made to clarify how to implement some measures and /or when to require satisfaction of such measures during the development process. Mitigation Monitoring Program and EQAP April 4, 1996 MITIGATION MONITORING PROGRAM: BOLLINGER DEVELOPMENT CORPORATION - MOORPARK ESTATES PROJECT Air Quality Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance The project applicant has agreed to incorporate Air Quality Mitigation Continuous during EQAP /Monitor and EQAP Monitor an Air Emissions Mitigation Plan into the Project Measures to be mass and precise City Engineer to include Description. The measures presented in the monitored during grading. compliance Project Description (Chapter 4), will offset construction phases. assessment in the air quality effects of the project to a Measures (1) through monthly reports. considerable degree. However, because emissions (8) refer to grading of ROC, NOx and dust during construction grading and Measure (9) would be significant, the following additional to golf course construction mitigation measures are operations phase. recommended: (1) Equipment not in use for more than ten minutes should be turned off. (2) The fuel injection grading of all diesel engines used in construction equipment should be retarded two degrees from the manufacturer's recommendation. (3) All diesel engines used in construction equipment should use high pressure injectors. (4) All diesel engines used in construction equipment should use reformulated diesel fuel. (5) Construction grading should be discontinued on days forecasted for first stage ozone alerts (concentration of 0.20 ppm) as indicated at the Ventura County APCD air quality monitoring station closest to the City of Moorpark. Grading and excavation operations should not resume until the first stage smog alert expires. Mitigation Monitoring Program - 1 April 4, 1996 Air Quality Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (6) All clearing and grading activities shall (See prior page) (See prior page) (See prior page) (See prior page) cease during periods of high winds (i.e., greater than 15 miles per hour averaged over one hour) to prevent excessive amounts of fugitive dust. (7) No dirt shall be transported off -site. All other material transported off -site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. (8) All active portions of the site shall be either periodically watered or treated with environmentally -safe dust suppressants to prevent excessive amounts of dust. (9) Facilities shall be constructed and operated APCD permits to Continuous Community APCD compliance in accordance with the Rules and Regulations construct or after Development documentation to of the Ventura County Air Pollution Control operate to be operations Department be provided by District. obtained, as begin. staff. golf course required, by operators to applicant/ City. developer or by golf course operator. Mitigation Monitoring Program - 2 April 4, 1996 Air Quality Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (1) The applicant shall be required to make a Fee payments to be Periodically at Community Prior to zoning contribution to the reduction of local and made prior to the time of each Development clearance, regional air guality impacts through the issuance of building permit Department arrangements payment of an air quality impact fee to the building permits. approval. staff. need to be made Moorpark Traffic Systems Management Fund, to pay required consistent with the fee recommendations for fees. Fees to residential projects contained in the Ventura be deposited at County Guidelines to Air Quality Impact issuance of Analysis. Fees shall be paid for emissions building permits. in excess of the 25- pound - per -day ROC /NOx significance threshold. Fees shall be paid prior to the issuance of building permits. Mitigation Monitoring Program - 3 April 4, 1996 Air Quality Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (2) The golf course operators shall comply with Plan preparation Once prepared, County of Ventura Periodic review Ventura County Air Pollution Control District should proceed implementation and Air Pollution of CUP conditions Rule 210 or any subsequently approved rule initiation of monitoring of the Control District, and TDM which supersedes Rule 210. Rule 210 requires golf course TDM Plan should Community compliance should that an employer develop and implement a trip operations. be initiated Development occur coincident reduction plan containing strategies to City Community on an annual Department. with CUP reduce the number of individual drivers Development basis. condition review commuting to the work site. Upon Department by City Council. commencement of golf operations, the golf review of TDM Community course operators shall notify the County APCD Plan should be Development Transportation Program Administrator of an incorporated into Department staff intent to begin operations. A plan to CUP review. will prepare compliance review reduce air quality effects shall be staff report. coordinated with the APCD. Potential vehicle trip reductions may be achieved by (but not limited to) any of the following reduction measures: • Direct financial incentives for employees who carpool, vanpool, buspool, or use public facilities. • Use of fleet vehicles for ridesharing employees for personal errands. • Preferential parking for ridesharing employees. • Facility improvements which provide preferential access and /or egress for ridesharing vehicles. • Personal rideshare matching and /or active use of computerized rideshare matching service such as Commuter Computer. • A guaranteed ride -home program for ridesharing employees in emergency situations. Mitigation Monitoring Program - 4 April 4, 1996 Air Quality Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance • An onsite day care facility. (See prior page) See prior page) (See prior page) (See prior page) • Facility improvements to encourage bicycling and walking (showers, bicycle racks, or lockers, etc.). • Flexible work schedules to transit users, bicyclists, and pedestrians. • Compressed work weeks such as 4/40 or a 9/80 or a 3/36 work schedule where employees report to work fewer days durin a 2 -week period, but no longer work shifts, than employees who work five 8 -hour days per week. Project Redesign Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance 0 ) The project shall be redesigned in accord Redesign has been Required redesign work Community Project redesign with revisions recommended in the Alternatives completed and an has been completed. Development has been completed. Analysis (Chapter 20) to assure that native Addendum has been Department. habitats are preserved to the extent feasible. prepared on the recommended changes. Mitigation Monitoring Program - 5 April 4, 1996 Geologic Hazards Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (1) Prior to recordation of the Final Map, initiation of rough grading, or issuance of any Prior to recordation of any Phase of the All map phases require complete City Engineer and Completion and acceptance of subsequent development permits, the applicant Vesting Map, geotechnical to independent geotechnical report and or subsequent developers shall contract with ist and eotechnical geotechnical studies are to be completed review prior recordation. geotechnical consultant retained incorporation an engineering eolo engineer to quantity the consolidation potential the onsite soil materials, to assess the and reviewed, design modifications to be by the City. Plan checkers of design recommendations of potential for weak soils or bedding layers to incorporated into for individual Phases of the into the Final Plans. affect cut and /or natural slopes, and to verify all final drawings. Map. that grading planned within landslide areas will be remediated to result in a net increase in landslide stability. This aeotechnical stud shall, as deemed necessary by the City Engineer and consulting City geologist and geotechnical engineer, further assess slopes within or adjacent to proposed residential development areas (depending on the final configuration of proposed individual residential parcels). Further assessment must also address stability and mitigation measures for slopes within residential areas, golf courses, as well as potential off -site impacts along access corridors. The findings and recommendations of the geotechnical assessment shall be incorporated into the final design for both the residential and recreational components of the project. (2) Unless subsequent geotechnical studies direct Plans for remediations to be included in independent iEngineer and acceptance Completion of d otherwise, landslides shall e remove and recompacted during grading. Alternatively, Grading Plan geotechnical geotechnical in some instances, landslides or unstable submittals. consultant retained by the report. slopes can potentially be stabilized by City. constructing buttress or stabilization fill slopes to reduce their potential for future downslope movement. All cut and fill slopes, foundations and structures shall be designed and constructed to comply with Chapter 70 of the Unified Building Code (UBC) and applicable City and /or County Grading Ordinances. Modifications to these standards shall be permitted along golf course areas only with the written concurrence of the City Engineer and the City's consulting geologist. Mitigation Monitoring Program - 6 April 4, 1996 Geologic Hazards Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (3) The applicant or subsequent developers shall (See prior page) (See prior page) (See prior page) (See prior page) contract with an engineering geologist to study Condition any unanticipated faults exposed during Compliance grading to detect any evidence of possible procedures are recent activity. No structure should be identical for placed within 50 feet of any fault trace which all geotechnical exhibits recent activity. Final grading and soil studies. requirements for residential and recreational facilities shall be defined by an engineering geologist. All geological recommendations shall be reviewed approved by the City Engineer and the City's consulting geologist. (4) All habitable structures shall be designed to accommodate structural impacts from 0.138 ground acceleration and a maximum credible earthquake event of magnitude 8.5 (Richter). (5) Prior to recordation of the Final Map, initiation of rough grading, or issuance of any subsequent development permits, the applicant or subsequent developers shall contract with an engineering geologist to prepare grading recommendations, foundation design criteria and other recommendations regarding detailed project design. As a component of required subsequent geologic studies, a soils engineer shall evaluate the condition of alluvium and unconsolidated soils. Relatively loose soils or alluvium shall be densified or removed and recompacted prior to placement of structures upon such soils. Other mitigation measures shall be incorporated into the final project design as required by the geological assessment. All geological recommendations shall be reviewed and approved by the City Engineer and the City's consulting geologist. Mitigation Monitoring Program - 7 April a, 1996 Paleontology Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (1) A paleontological mitigation Dian outlining Mitigation plan to One time EQAP Monitor Submission, procedures for paleontological data recovery be reviewed and occurrence. [Community review, and shall be prepared and submitted to the City approved prior to Development approval of Community Development Department Director recordation of Department] Mitigation Plan. for review and approval prior to the issuance the first phase of a bulk grading permit for the project. of the Vesting Map. The development and implementation of this program shall include consultations with the applicant's engineering geologist. The monitoring and data recovery work shall be performed by a qualified paleontologist. The data recovery should include periodic inspections of excavations and, if necessary, fossil data recovery should be performed to recover exposed fossil materials. The costs of this data recovery shall be limited to the recovery of a reasonable sample of available material. The interpretation of reasonableness shall rest with the City Community Development Department Director. Mitigation Monitoring Program - 8 April 4, 1996 Water Resources Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance In response to comments provided by Ventura County Water Resources and Development Department, the following mitigation measures have been required to mitigate impacts to groundwater supplies. (1) Prior to Final Map Recordation, the Applicant prepares One time Community Copy of letter to developer shall submit to the Fox request and obtains occurrence Development be submitted Canyon Groundwater Management Agency letter from Agency. prior to issuance Department to Community a brief report describing the change of building permits. staff. Development in land use associated with City of Department. Moorpark entitlement approvals and request a groundwater extraction allocation adjustment. (2) The applicant shall obtain a letter Applicant One time Community Copy of letter to from the water purveyor (Waterworks prepares requests occurrence prior Development be submitted to District No. 1) to be submitted to the and obtains letter to issuance of Department the Community Groundwater Management Agency affirming from Agency. building permits. staff. Development that the purveyor has reviewed current Department. demands and determined the existing Agency allocation is sufficient to supply this project (in addition to existing demands). (3) Prior to Final Map recordation, proof of Applicant to One time Community Copy of letter to destruction of all abandoned wells shall prove abandonment occurrence. Development be submitted be provided to the County Public Works and submit Department to the Community Agency Water Resources Division. permits as staff. Development Abandonment of wells shall be completed required. Department. in conformance with County Ordinance 3991; permits for all well reuse (if applicable) shall conform with Reuse Permit procedures administered by the County Water Resources Development Department. Mitigation Monitoring Program - 9 April a, 1996 Water Resources Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (1) The applicant (or subsequent developers) Prior to recordation One time Community Certified and and the District shall enter into a contract of Phase 1 of the occurrence. Development Notarized copy for the relocation and /or modification Vesting Map and Department of well relocation of the existing wells on the property. The prior to issuance staff. contract (and relocation plan shall address well locations, of either mass related contract provisions for drilling additional wells if or precise grading issues) to be necessary (if existing wells are damaged permits. provided to during construction), relocation of Contents of the Community conveyance structures, and other matters agreement should Development of mutual concern. This contract shall be be reviewed and Department staff submitted to the City for review and approved by prior to issuance approval prior to the issuance of any Community of any development grading permits for the project. The Development permits. applicant shall be responsible for Department complying with all terms and conditions staff. of the relocation contract. Before any new well is drilled in the North Las Posas Groundwater Basin (if such drilling is required by the Waterworks District), a permit must be obtained from the Fox Canyon Groundwater Management Agency. All wells within the Agency jurisdiction shall be registered and the applicant and District must apply for a groundwater extraction allocation, report future allocations, and pay extraction fees if deemed appropriate. Mitigation Monitoring Program - 10 April 4, 1996 Erosion Control Quality Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (1) Prior to approval of Final Vesting Map, Prior to recordation One time occurrence. Community Off -site infrastructure the proposed infrastructure plan for the of Phase 1 of the Development improvement plans are project shall be designed to place all Vesting Map, an Department and to be accepted for required water, sewer, and reclaimed water alignment should City Engineer. processing. conveyance facilities in the Gabbert Canyon be selected and alignment. The applicant shall obtain all acquired. necessary right -of -way and easements to install the required infrastructure in this alignment. The City may assist with the acquisition of such easements. (1) An Erosion and Sediment Control Plan shall Prior to rough grading One time occurrence. City Engineer Approval of be prepared by the applicant and approved permit approval, and Director plan by City by the City Engineer prior to issuance of the erosion and of Community Engineer to be any bulk grading permit for the project. sediment control Development. required prior Sedimentation basins and devices for plan is to be to issuance of controlling stormwater flows and prepared, reviewed, rough grading reducing erosion shall be constructed and approved. permit. by the applicant or subsequent developers as required by the City and the County Flood Control District. Provisions for the construction of the sedimentation basins and erosion control devices shall be incorporated into the project Erosion and Sediment Control Plan. Mitigation Monitoring Program - 11 April 4, 1996 Erosion Control Quality Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (2) Temoorary erosion control measures shall (See prior page) (See prior page) (See prior page) (See prior page) be used during the construction process to minimize water quality effects. Specific Implement source EQAP monitor to EQAP Monthly measures to be applied shall be identified in the project Erosion and Sediment Control procedures for Condition 1. be primary field monitor to assume monitoring reports to evaluate Plan. The following water quality assurance condition compliance. compliance. techniques shall be included as necessary: • Minimize removal of existing vegetation. • Provide temporary soil cover, such as hydroseeding, mulch /binder and erosion control blankets, to protect exposed soil from wind and rain. • Incorporate silt fencing, berms, and dikes to protect storm drain inlets and drainage courses. • Rough grade contours to reduce flow concentrations and velocities. • Divert runoff from graded areas, using straw bale, earth, and sandbag dikes. • Phase grading to minimize soil exposure during the October through April storm period. • Install sediment traps or basins. • Maintain and monitor erosion /sediment controls. • The developer (or successors of interest) will ensure that construction activities include proper management and disposal of concrete and other masonry wastes, paint solvents and rinse wastes, vehicle fuel and maintenance wastes (including oil), and other construction debris. This will minimize exposure of these materials to storm water and transport to the drainage system. Mitigation Monitoring Program - 12 April 4, 1996 Timing /Actions Frequency Monitoring Staff Measure of Compliance Integrated Golf Course Mitigation Measures (See prior page) (See prior page) (See prior page) (See prior page) (3) To minimize the water quality effects of permanent erosion sources, the following design features shall be incorporated into Implement same EQAP Monitor to be primary field EQAP Monthly monitoring reports the project grading plan to the degree determined necessary by the project civil procedures for Condition 1. monitor to assume compliance, and to evaluate compliance. engineer. The City Engineer shall review City Engineer. and approve the grading plan to verify compliance with water quality enhancement features including: • drainage swales, subsurface drains, slope drains, storm drain inlet /outlet protection, and sediment traps; • check dams to reduce flow velocities; • permanent desilting basins; • permanent vegetation, including grass -lined swales; • design of drainage courses and storm drain outlets to reduce scour. (4) The applicant shall prepare and submit to the City for review and approval an Integrated Golf The IGCMP is to be prepared and One time occurrence during the planning Community Development Review, approval, and acceptance Course Management Plan (IGCMP) to address completed prior issuance of rough necessary for golf course landscape Director and City Engineer. by Community Development water quality impacts of the project. The management regime recommended in this Plan to grading permit and and design - Long Director. Periodic shall be the governing document for the long completion of term review would be condition term maintenance of water quality associated with development of the project. The City shall Landscape Plan review and approval - part of annual Development Agreement compliance review through CUP and periodically monitor adherence to the plans and Plan to be prepared review, and periodic Development management guidelines contained in the Plan. by a certified CUP review. Agreement compliance The Plan should require periodic analysis of professional IGCMP process would assure the nutrients in the reclaimed water and the plan preparer. long term compliance. nutrient and moisture requirements of the grass and other landscaping within the golf courses. The Plan shall require that each golf course operator (assuming separate operators for the municipal and semi - private courses) will incorporate the following management practice into golf course operations: Mitigation Monitoring Program - 13 April 4, 1996 Integrated Golf Course Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance • Testing of soils and turf conditions (See prior page) (See prior page) (See prior page) (See prior page) at regular intervals. This will provide information to determine the application rates for non - potable water, fertilizers and pesticides so that the following can be accomplished: • Nutrient levels between those received from the reclaimed water irrigation and those applied by the gold course staff can be balanced. • Pesticides can be applied only when necessary to cure a problem, and in positively identified pre- emergent situations, not as a preventative measure. • Fertilizers in either slow - release forms or in light, frequent application of soluble forms can be applied to improve nutrient recovery. • Constructing golf course areas (tee boxes, landing areas, greens, etc.) to collect and drain irrigation /storm water runoff to on- project first flush basins. • Reusing collected irrigation water. • Using computer controlled irrigation systems with ground moisture sensors to control irrigation rates and levels to match soil moisture and infiltration rates. • Using wetting agents to aid infiltration and reduce runoff. Mitigation Monitoring Program - 14 April 4, 1996 Integrated Golf Course Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance • Using wells in the area to monitor (See prior page) (See prior page) (See prior page) (See prior page) groundwater quality. A testing program, implemented as part of the county -wide Storm Water and Groundwater Monitoring Program, will establish a benchmark composition of existing groundwater. Water quality will then be measured on a yearly basis for the first five years of golf course operation. • Late evening application of pesticides. • Use of biological controls for insects (such as installing swallow and bat boxes on the golf course). • Use of insect resistant cultivers. • Development of thresholds to determine when pesticide use would be appropriate. • If 2, 4 -D is used, it should be as a sodium salt (which is less toxic to nontarget organisms). Mitigation Monitoring Program - 15 April 4, 1996 NPDES Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (5) Runoff from developed areas should be diverted Design review One time activity City Engineer and EQAP Monthly to detention basins, or underground oil and for condition for determining Community monitoring reports grease traps or other Best Management compliance should best design and Development to evaluate Practices, as determined by the City Engineer. be completed at continuous Director. compliance. These devices should be designed by a the time of Plan monitoring until EQAP Monitor to registered civil engineer as part of the drainage check. completion of all be primary improvement plans for the project. Because Cross consultation improvements. field monitor the ponds within the golf courses could with relevant to assure contain pollutants that may be harmful to trustee agencies compliance. wildlife, their design and location should should occur in be reviewed by a concerned conservation planning stages. agency such as the California Department of Fish and Game or an independent biologist, prior to approval of the improvement plans by the City Engineer and Director of Community Development. The basins and traps would require periodic maintenance by the property owner, homeowners association, or other entities. Provisions shall be made by the applicant to provide for maintenance in perpetuity prior to Final Vesting Map approval. (6) The grading permits issued for the Prior to issuance One time EQAP Monitor Periodic EQAP development shall require maintenance of grading permits, occurrence. Include and City monitoring reports schedules for earthmoving equipment and include maintenance maintenance Engineer. would establish documentation of proper disposal of used schedules in requirements in NPDES compliance basis for oil and other lubricants. The applicant Contract Documents contract specifications staff at RWQCB. compliance shall obtain all necessary NPDES related and obtain NPDES for grading. review. permits prior to City issuance of the initial Permits. grading permit for the project. Mitigation Monitoring Program - 16 April 4, 1996 Flood Control Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (1) A Master Drainage and Flood Control Plans for flood One time City Engineer Review and Approval Improvement Plan shall be prepared which control and drainage occurrence prior to and Plan check of improvement identifies all required drainage and flood improvements issuance of rough staff. Flood plans. Require control improvements necessary to implement should be prepared, grading permit. Control District modifications the proposed project. This plan shall be revised, and approved EQAP monitor and until design is prepared in consultation with the Moorpark prior to issuance of Building Inspectors approved by City Engineer and the Ventura County Flood rough grading permit. to verify field City Engineer and Control District to facilitate required compliance. County Flood interagency coordination. The plan shall Control staff. identify all major improvements and typical drainage facilities for both residential and golf course portions of the project. The capacity, location, and size of all culverts, collection devices, energy dissipaters, and related improvements shall be designed to the satisfaction of the City Engineer and Flood Control District. Capacity details for the construction of the on -site detention basin and improvement of the existing debris basin in Gabbert Canyon shall be included in the Master Improvement Plan. All necessary permits required to implement the Improvement Plan shall be obtained from the County Flood Control District prior to City issuance of a permit for rough grading. No rough grading permit shall be issued until the Master Plan is completed. The Master Plan shall identify what improvements must be completed coincident with the initiation of mass grading. Mitigation Monitoring Program - 17 April 4, 1996 Flood Control Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (2) A Bank Protection Plan shall be prepared to Plans for bank One time City Engineer and Review an approval address potential hazards to residences and protection and occurrence prior to Plan check staff. of improvement components of the golf course situated within related improvements issuance of final Flood Control plans. the potential hazard limits of Gabbert should be prepared grading permits District. Required Canyon Creek. This Plan shall be prepared and approved prior for contour modifications until after review and approval of the Master to issuance of grading and design is approved by City Engineer and Drainage and Flood Control Improvement Plan final, precise restoration. Flood Control staff. (Mitigation Measure 1 above). The bank grading permits. EOAP Monitor and protection devices incorporated into this City Building Plan shall, to the degree feasible, emphasize the use of "soft" surface improvements (such Inspectors to as gabions, erosion control matting, buried verify field retention features, and similar devices) to compliance. minimize modifications to the existing channel. Potential locations for hazard remediation shall be identified on the Plan. Modifications to the Plan required by the City Engineer or the Ventura County Flood Control District shall be made as requested. The Bank Protection Plan shall also be reviewed by the Department of Fish and Game for compliance with 1603 Permit requirements. An approved Bank Protection Plan shall be completed prior to recordation of the Final Map and prior to issuance of any building permits for residential structures. (3) Sediment yields in the watersheds within the (Same procedures as (Same as above) (Same as above) (Same as above) project boundary shall be computed for pre- Condition 2) development and post - development conditions in accord with methods outlined in Erosion and Sediment Yields in the Transverse Ranges, Southern California (United States Geological Survey, 1978). These estimates of sediment yield shall be completed prior to initiating final design of modifications to the existing debris basin facility situated in the Gabbert Canyon Drainage south of the project boundary. Mitigation Monitoring Program - 18 April a, 1996 Flood Control Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (4) Improvements to the permanent debris basin in (Same procedures (Same procedures (Same procedures (Same procedures Measure (2) the Gabbert Canyon watershed shall be made as Measure (2) as Measure (2) as Measure (2) as which will be sufficient to reduce estimated above) above) above) above) sediment generation to pre - development levels. Modifications to this debris basin shall be made in conjunction with commencement of mass grading operations for the proposed golf courses. The design of modifications to this basin shall be reviewed and approved by the Ventura County Flood Control District. All improvements to the basin shall be completed prior to the first rainy season to occur after mass grading has commenced. Basin maintenance shall be provided under an agreement satisfactory to the Flood Control District. An improvement and maintenance cost agreement between the applicant (or subsequent developers) and the District shall be required prior to the issuance of initial grading permits or recordation of the Final Tract Map (whichever occurs first). Mitigation Monitoring Program - 19 April 4, 1996 Erosion and Sediment Control Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (5) The applicant or subsequent developers shall (Same procedures (Same procedures (Same procedures (Same procedures prepare develop an Erosion and Sediment as Measure (2) as Measure (2) as Measure (2) as Measure (2) Control Plan to address construction above) above) above) above) impacts and long term operational effects on downstream environments and watersheds. This plan shall be prepared by a Certified Erosion and Sediment Control Professional. Proposed management efforts shall include (but not be limited to) construction of debris and detention basins in the Gabbert Canyon watershed, provisions for the use of vegetative filtering enhanced by creekbed reconstruction, preparation of detailed erosion control plans, appropriate use of temporary debris basins, silt fences, sediment traps and other erosion control practices. The proposed plan shall also address all relevant NPDES requirements and recommendations for the use of best available technology. The erosion control plan shall be reviewed and approved by the Community Development Department Director and City Engineer prior to the issuance of grading permits for mass grading. Mitigation Monitoring Program - 20 April 4, 1996 Biological Resources Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (1) The site plan shall be revised to include Verify plan revisions One time occurrence. EQAP Monitor. If compliance is inachievable for the preservation of Valley Needle Grassland or prepare Relocation preservation, grasses habitat situated in the northeastern corner Plan. to be relocated on -site of the property. to a new location. (2) Prior to approval of Final Vesting Map, the Verify plan One time occurrence. Director of Community Development on his Plan modifications to be included in proposed habitat restoration plan shall be modified to assure compensation for the modifications have been made to both designee. Field revised Landscape loss of native habitats that will occur as a result of project development. The habitat golf course and residential community compliance to be verified by EQAP Plan. Verify compliance prior restoration plan shall emphasize the selective open space landscape Monitor. to issuance of building permits. use of purple needle grass (Stipa pulchra) plans. EQAP monitoring and other native grasses in areas of fairway reports to verify rough. The plan shall also require golf compliance. course perimeter planting and landscaping of selected 'rough' areas with the native plants common to Venturan Coastal Sage Scrub (e.g., Salvia apiana, Salvia leucophylla, Artemisia californica, Rhus integrifolia, Eriogonum fasciculatum, Encelia californica). The applicant shall also fund a program to restore two acres of native grassland. The restoration shall be performed in accord with current best available restoration procedures. The applicant (or a designee) shall be responsible for maintaining the restored grassland for a period of three years or until the native grasses are successfully established. (3) The applicant shall fund a $60,000 Venturan Prior to issuance One time occurrence. Director of Community Incorporate requirement into Coastal Sage Scrub Community research program to be managed by the City. The of Phase 1 related grading permits, Development. Project purposes of this program shall be to funds should be conditions of approval. accurately map the remaining distribution deposited with the of this community, to study its soil City. requirements, plant ecology, and wildlife associations, to provide management advice on the community for agencies and private individuals, to raise funds for the purpose of acquiring lands where relict stands of the community exist, and to provide guidance about restoration or propagation of the community. Mitigation Monitoring Program - 21 April 4, 1996 Biological Resources Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (3) (continued) The research program shall include a study of the ecological issues related to the management of the community. Provision must be made for disseminating the results of the study. Research programs shall be performed only by qualified professional botanists, wildlife biologists, or other relevant researchers (4) Native plants shall be used in the Same compliance Same compliance Same compliance Same compliance restoration of areas disturbed by the construction of the project. The City shall program as Condition (2). program as Condition (2). program as Condition (2). program as Condition (2). monitor the use of native plants through review and approval of all project landscape plans. (5) The project site plan shall be modified to Same compliance Same compliance Same compliance Same compliance provide areas of dedicated open space within which native habitats shall be retained or program as Condition (2). program as Condition (2). program as Condition (2). program as Condition (2). restored. A portion of the proposed 6.4 acre prepared "Park Dedication Site" shall be set aside for native habitat restoration. (6) Prior to approval of Final Vesting Map and /or Incorporate these Verify both in EQAP Monitor to verify Field compliance issuance of final, precise grading plan, two features into planning and compliance and report to be verified artificial freshwater springs shall be project Landscape implementation to Community by EQAP and established along the western Gabbert Canyon Plan. phases. Development Director. reported in Creek riparian corridor. The location of these Construction Monitoring reports. artificial springs shall be designated by a qualified vertebrate biologist and botanist. These artificial springs shall be maintained to provide year round flows of appropriate water volumes (similar to existing springs in the region). The created spring systems shall be designed to reproduce the conditions present at the existing natural springs in the region. The springs shall be appropriately revegetated with native plants (T pha M, Scir is so. Salix sp.) and other streamside plants common in the region. The springs shall not be developed within 500 feet of any proposed trail system. Mitigation Monitoring Program - 22 April 4, 1996 Biological Resources Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (7) Prior to issuance of building permits for either Same compliance Same compliance Same compliance Same compliance residential units or golf course clubhouse facilities, the destruction of habitat within the program as Condition (6). program as Condition (6). program as Condition (6). program as Condition (6). riparian corridor shall be compensated by the restoration of riparian canopy within an area occupying approximately 10 acres of woodland riparian habitat. Mitigation shall require successful establishmen of the following species and plant quantities: Species Quantity Alnus rhombifolia (Alder) 15 Acer negundo Subsp. (Box Elder) 10 Platanus racemosa (Sycamore) 40 Salix lasiolepis (Arroyo Willow) 40 Sambucus mexicana (Elderberry) 20 Juglans californicus (Walnut) 20 Quercus agrifolia (Live Oak) 30 Trees shall at a minimum be 5 gallon container specimens (except for willows) or bare root at the time of planting with a height of 7 feet from the root crown to the top branch. The restoration program in drier areas shall be coordinated with the establishment of artificial springs. A long term supply of fresh (or reclaimed) water shall be provided to assure the perpetuity of the plants. Adequate root guard protection shall be provided to reduce mortality from rodent activity. All mature trees identified in the tree report for the project shall be preserved. Mitigation Monitoring Program - 23 April a, 1996 Biological Resources Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (8) Perimeter fencing shall be provided in Require Fencing One time occurrence. Director of Community Development or his Building Inspector to verify compliance. areas where future residents could obtain Plan prior to issuance access to surrounding private lands. of building permit. designee. (9) Off road vehicle use on property within the project boundary shall be prohibited. Provide legally enforceable Continuous long term monitoring Director of Community Periodic CUP compliance review. The covenants and restrictions on the property ORV restrictions. via CUP process. Development shall specify fines for unauthorized use of off or his designee. road vehicles. (10) The trail system designed to serve the project An irrevocable offer One time occurrence. Director of Community -- and to provide links with surrounding of dedication of trail Development. subdivisions and the regional trail system easement is required shall be properly designated and shall prohibit for Final Map. the use of motorized vehicles. (1 1) The applicant shall fund a $30,000 Same compliance Same compliance Same compliance Same compliance sensitive species research program to be managed by the City. The purposes program as Condition (3). program as Condition (3). program as Condition (3)• program as Condition (3). of this program shall be to study how best to assist in providing adequate marginalized habitats in areas of urban encroachment for sensitive species that are predicted to occur within the Moorpark Country Club Estates property and surrounding area. The program shall include an updated inventory of sensitive species occurring in the Moorpark area. Recommendations shall be made to provide modifications to the Moorpark General Plan Open Space, Conservation, and Recreation Element to improve the accuracy of the existing inventory of native fauna. Management suggestions designed to permit at least the marginal survival of native wildlife shall be provided. The study shall also provide management advice on native fauna for agencies and private individuals. Provision must be made for disseminating the results of the study. Research programs shall be performed only by qualified professional botanists, wildlife biologists, or other relevant researchers. Mitigation Monitoring Program - 24 April 4, 1996 Noise Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance 11► No construction activities shall be permitted Construction limitations Continuous EQAP Monitor Written EQAP before 7:00 a.m. or after 6:00 p.m., Monday to be included in during and Building Monthly through Friday. Saturday construction would Contract specifications construction Inspector to construction reports be permitted with these hour restrictions for grading and period. verify compliance. will indicate degree if complaints from adjacent neighborhoods are building permit. of compliance minimal. Construction is not permitted on with noise conditions. Sunday or on holidays. (2) Stationary noise sources that exceed 70 dBA (Same as above) (Same as above) (Same as above) (Same as above) of continuous noise generation (at 50 feet) shall be shielded with temporary barriers if existing residences are within 350 feet of the noise source. (3) Designated parking areas for construction (Same as above) (Same as above) (Same as above) (Same as above) worker vehicles and for materials storage and assembly shall be provided. These areas shall be set back as far as possible from or otherwise shielded from existing surrounding rural residential neighborhoods. (4) Immediately surrounding property owners shall (Same as above) (Same as above) (Same as above) (Same as above) be notified in writing on a monthly basis of construction schedules involving major grading. Mitigation Monitoring Program - 25 April 4, 1996 Fire Hazards Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (1) Prior to recordation of the Final Map or Certified specialists Plan check verifications Initial compliance Field verification issuance of building permits, the applicant to be retained to area one time monitoring by Community of proper modifications to be shall retain a certified fire management professional to prepare a Fire Hazard assist in Landscape Plan, residential occurrence - Plan check should Development completed by Reduction Program; this program shall be open space landscaping, involve County Department Staff. EQAP Monitor and prepared in consultation with the County and full modification Fire Department Field verification Fire District. Fire Protection District and shall be zone planning. plan approval. of proper compliance approved by the City Community Development These plans are to be After plan check and monitored by EQAP Director. The certified fire management completed and and Final Monitor and Fire professional shall be familiar with the approved. Inspection, Prevention District objectives of fuel management in wildland- Homeowner's staff. urban interface. A native plant specialist Association would Long term shall participate in the development of be responsible compliance and the fuel management program. The program for compliance. maintenance, shall apply to all lands within 200 feet activities to be of the residential component of the project undertaken by (or as amended by the certified fire Homeowners professional based on fuel modification Association, golf factors related to the golf courses). course operators or assessment The vegetation management requirements of district. the plan shall be clearly defined. The proposed Moorpark Country Club Estates Homeowners Association shall be responsible for implementing this program in perpetuity. Fuel modification zones are proposed to be retained in as natural a state as safety and fire regulations will permit. The zone will be designed by and planted under the supervision of a landscape architect with expertise in native plant materials and habitat restoration, with the approval of the City Community Development Director, to appear as a transition between the built environment and natural open space. Within the modification zone, native and non - native high -fuel vegetation will be removed and replaced with low -fuel vegetation. The height of plant materials will be kept to a minimum. Planting requirements include a combination of trees, shrubs, and groundcover. Irrigation will not be provided, except in established wet zones, unless necessitated by the plant materials used. Mitigation Monitoring Program - Z5 ^V. I ' °° Fire Hazard Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (2) All structures adjacent to open space around Design of the project Compliance assured Plan check staff Building Inspector the perimeter of the project shall be designed should incorporate through building under the to verify field to satisfy at least a one hour fire - resistant three recommendations. permit plan check direction of the compliance. rating. Such structures shall incorporate fire RPD permit related process. City Building EQAP report to retarding features including boxed -in eaves, Design Guidelines Official and include monthly. reduced overhangs, double paned windows, should also Community status reports of convection resistant roof design, non- incorporate these Development compliance combustible roofing material, and related design restrictions. Director. Field progress. design features. Building permits shall not Building permits verification by Fire Department be issued until review of fire retarding not to be issued Building Inspector inspection to architectural features has been completed until completion of and EQAP Monitor. occur periodically by the County Fire Protection District. plan verification and as necessary. Alternatively, design standards meeting these Fire Prevention District criteria could be included in the Fire Hazard Clearance. Reduction Program, and incorporated into the RPD Design Guidelines for the residential units. (3) During all grading and site clearance Fire prevention Continuous EQAP Monitor to EQAP Monitor activities, earth moving equipment activities during during the enforce includes compliance shall be equipped with spark arrestors construction. construction construction reporting in and at least two fire extinguishers. All period. mitigation monthly summary. equipment used in the vegetation clearance conditions. phase shall be equipped with spark arrestors and best available fire safety technology. The vegetation clearance activities shall be coordinated with and approved by the County Fire Prevention Division. (4) All equipment and material staging activities (Same as above) (Same as above) (Same as above) (Same as above) shall be coordinated with the County Fire Prevention Division. Fire prone construction activities shall be prohibited during "Santa Ana" wind conditions. Mitigation Monitoring Program - 27 April 4, 1996 Fire Hazards Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (5) The collector road system proposed for the Same as condition Same as condition Same as condition Same as condition project shall be reviewed and approved by the (2) above for (2) above for (2) above for 12► above for Ventura County Fire Protection District prior all remaining all remaining all remaining all remaining to issuance of grading permits. conditions. conditions. conditions. conditions. (6) Approved turn around areas for fire apparatus shall be provided where any access road is 150 feet or more from the main project collector. (7) If deemed necessary by the District, the project shall include a helippot and associated fire suppression equipment storage. Any heliport facilities shall be indicated on the Final Map for the project. (8) Any gates to control vehicle access are to be located to allow a vehicle waiting for entrance to be completely off the public roadway. The method of gate control shall be subject to review by the Bureau Fire Prevention. A minimum clear open width of 15 feet in each direction shall be provided. If gates are to be locked, a Knox System shall be installed. (9) Prior to recordation of street names, proposed names shall be submitted to the Fire Department Communication Center for review and comment. (10) Street signs consistent with County Road and Fire District standards shall be installed prior to occupancy. (1 1) Prior to construction, the applicant shall submit plans to the Ventura County Fire Prevention Division for the approval of the location of fire hydrants; all hydrants shall be shown on the plan that are situated within 500 feet of the perimeter of the residential development. Mitigation Monitoring Program - 28 April 4, 1996 Fire Hazards Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (12) A minimum fire flow of 1,000 gallons per Same as condition Same as condition Same as condition Same as condition minute shall be provided. The location and (2) above for (2) above for (2) above for (2) above for capacity of all water storage and conveyance all remaining all remaining all remaining all remaining facilities shall be reviewed and approved by conditions. conditions. conditions. conditions. the District prior to the recordation of the Final Map and prior to the issuance of building permits. (13) Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the County Water Works Manual. These standards specify: • Each hydrant shall be a 6 inch wet barrel design, and shall have one 4 inch and one 2 1/2 inch outlet. • The required fire flow shall be achieved at no less than 20 psi residual pressure. • Fire hydrants shall be spaced 500 feet on center, and so located that no structure will be farther than 250 feet from any one hydrant. • Fire hydrants shall be 24 inch on center, recessed in from the curb face. 0 4) All grass or brush exposing any structures shall be cleared for a distance of 100 feet prior to framing. (15) An approved spark arrester shall be installed on all chimneys. Mitigation Monitoring Program - 29 April 4, 1996 Fire Hazards Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (16) Address numbers, a minimum of 4 inches high, Same as condition Same as condition Same as condition Same as condition shall be installed prior to occupancy, shall (2) above. (2) above. (2) above for (2) above. be of contrasting color to the background, and shall be readily visible at night. Where structures are set back more than 150 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event the structure(s) is not visible from the street, the address number(s) shall be posed adjacent to the driveway entrance. 0 7) Portions of this development may be in Same as condition Same as condition Same as condition Same as condition a hazardous fire area and those structures (2) above. (2) above. (2) above. (2) above. shall meet hazardous fire area building code requirements. Mitigation Monitoring Program - 30 April a, 1996 Infrastructure Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (1) The potable water, reclaimed water, and Prior issuance of One time activity Community Field verification wastewater disposal facilities and building permits, prior to issuance Development and as built conveyance lines required for the Community of building permits. Department Director drawing project should be designed to Development Director and staff to confirmation accommodate, to the extent possible, and City Engineer coordinate inputs of line sizing. the dwelling units and recreational uses to verify line from service proposed by the applicant together with sizing and future providers (Water the limited development permitted under buildout Works District) the existing General Plan for lands along computations. Field verification the conveyance lines. The computation of of lines installed future buildout should be reviewed and along infrastructure approved by the City Community Development easements. Director prior to determining final line sizing. Building permits shall not be issued until this computation is provided and verified by service providers. Oversizing of lines by providers (beyond General Plan buildout) should not be permitted by the City. All facilities shall be designed to accommodate peak rather than average demand. (2) Once the last phase of residential development After initiation One time activity Community Review for compliance is completed and after golf course operations of use, application prior to first Development Staff should occur at the have been initiated (subsequent to the initial and water District biannual or and Planning first Planning grow -in period), the applicant (or successor) to renegotiate annual CHP staff, Commission CUP shall, as required by the City, renegotiate long -term supply condition compliance Planning review of the existing agreements with Waterworks District contract (if review by Planning Commissioner. project (probably No. 1 to reduce contract allotments for potable warranted). Commission. 2 years after and reclaimed water to correspond with the occupancy since demonstrated demands of the project. Entities initiation). from the District shall be reviewed at the first CUP consistency review by the Planning Commission or City Council. Mitigation Monitoring Program - 31 April a, 1996 Infrastructure Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (3) Alternative infrastructure extension routes City Community One time City Engineer Confirm easement outside of major public right -of -ways shall Development activity. and Director locations after be developed for City consideration prior to Department Director of Community recordation. recordation of the Final Tract Map for the and City Engineer Development. project. A specific alternative alignment to review and up Gabbert Canyon shall be considered. approve final To the degree feasible, utility and service infrastructure extensions shall not be placed along Grimes alignment and Canyon Road. The City Community plan prior to Development Director shall review, comment map recordation. upon, and approve the alignment of infrastructure extensions prior to recordation of the Final Map. Mitigation Monitoring Program - 32 April 4, 1996 Traffic Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (1) The primary project collector street intersection Improvement and One time City Engineer Plan check process with Walnut Canyon Road (State Route 23) landscaping plans activity. and Community is used to confirm shall be designed in consultation with Caltrans prepared by the Development that appropriate to assure that acceptable turning radii, lane applicant prior Department mitigation is widths, shoulders, lane tapers, and adequate to issuance of Director. applied to the acceleration and deceleration improvements are building or project. constructed. Modifications to State Route 23 grading permit. required by Caltrans shall be constructed prior Design review to issuance of permits for the first residential and concepts for dwelling unit or golf course facility occupancy mitigation to be permit. An encroachment permit shall be approved by obtained from Caltrans prior to construction of CalTrans and any proposed roadway improvements. Any the City Engineer. additional right -of -way required to implement the Caltrans approved design for this entrance intersection shall be required by the applicant and dedicated to the State in a manner acceptable to Caltrans. Entry monumentation that does not interfere with sight- distance or turning movements shall be incorporated into the project entrance planning. Landscaping shall be provided appropriate to the entry that will not interfere with sight- distance or turning movement operations. The final design for the project entrance shall be reviewed and approved by the City Community Development Department Director prior to the issuance of permits for the first residential dwelling unit or golf course facility occupancy permit. In accord with Caltrans requirements, the turning and acceleration lanes provided along Route 23 at the project entrance shall be twelve feet wide. Mitigation Monitoring Program - 33 April 4, 1996 Traffic Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (2) At the intersection of Grimes Canyon Road Same as #1 above. Same as #1 above. Same as #1 above. Same as #1 above. and Highway 118 (Los Angeles Avenue), modifications shall be made on the southbound approach to Highway 118 to provide a left turn pocket and right turn lane. Modifications shall also be made at the railroad crossing adjacent to this intersection required by the City Engineer and City Traffic Engineer to improve the safety of this location. In addition, as required by Caltrans, a median acceleration lane shall be provided for southbound traffic turning eastbound along State Route 118. Mitigation Monitoring Program - 34 April 4, 1996 Traffic Mitigation Fees Timing /Actions Frequency Monitoring Staff Measure of Compliance (1) The applicant shall contribute to any Fees to be Fees to be paid City Community Tracking of fee cumulative traffic improvement fee program assessed in accord upon recordation Development payments to adopted by the City prior to issuance of the with pro -rata of each place of Department staff be monitored by first residential building permit for the contributions set the Map. Fees and City Community project. In addition to pre- construction by the City would be linked Engineer to Development impact fees, future cumulative impact fees Engineer, or to building collect and monitor Department and may also be collected to offset the long with AOC or other permit issuance payment of fees. the City Engineer. term effects of golf course operations on fee requirements rather than grading regional traffic conditions. If the permits. Golf residential portion of the project is course related constructed prior to the adoption of a assessments mitigation fee program, then a proportionate should be paid share of future improvement costs shall be as agree upon required for locations where project traffic in the Development has a measurable effect on cumulative traffic Agreement for volumes. The City Traffic Engineer and the project and Community Development Department Director conditions of shall determine the required contributions approval. prior to issuance of building permits for residential units; fees must be paid prior to the issuance of these permits. For the golf course operations, fees may either be assessed and paid prior to issuance of grading permits or a fee structure could be negotiated which permits amortization of traffic mitigation costs through a surcharge on green fees. A determination of fee structure and method of collection for the golf courses shall be required prior to issuance of grading permits for either golf course. Mitigation Monitoring Program - 35 April 4, 1996 Public Services and Facilities Timing /Actions Frequency Monitoring Staff Measure of Compliance (1) Prior to issuance of building permits for Fees to be paid at One time action Community Documentation either the residential or recreational Map recordation or for each phase Development of fee payments to components of the project, all legally issuance of building and one time for Department. be provided prior mandated school impact fees applicable permits for each action for golf to issuance of at the time of Final Map Recordation Phase. course. building permit. shall be paid to the Moorpark Unified School District. (1) Prior to issuance of building permits for Plan review and One time activity. Police Department Confirm inclusion either the residential or recreational advisory input from representatives and of defensible components of the project, the Moorpark Police Department Director of space concepts Police Department shall review development Personnel to be Community in building plans for the incorporation of defensible incorporated into Development. plan check process. space concepts to reduce demands on police project plans. services. To the degree feasible, public safety planning recommendations shall be incorporated into project plans. The applicant shall prepare of list of project features and design components that demonstrate responsiveness to defensible space design concepts. The City Community Development Director shall be responsible for review and approval of all defensible space design features incorporated into the project. This review shall occur prior to initiation of the plan check process for either residential or commercial buildings. Mitigation Monitoring Program - 36 April 4, 1996 Public Services and Facilities Timing /Actions Frequency Monitoring Staff Measure of Compliance (2) The applicant shall prepare and submit Applicant to prepare One time activity. Police Chief and Community Plan completion and implementation. to the Community Development Department and submit security Director for review and approval a security plan to City. Development plan for the Golf Course and Clubhouse Director review operation. This plan shall be oriented and approve plan. to reducing potential service demands on police or emergency service providers. The plan shall be approved prior to the issuance of building permits for the recreational component of the project. (1) Prior to approval of the Vesting Final Map Applicant to prepare One time activity. Community Plan completion and or issuance of building permits for the and submit Solid Development implementation. residential or recreational component Waste Plan to City. Director reviews of the project, a Solid Waste Management and approves Plan Plan shall be prepared and submitted after consultation to the Community Development Director with Solid Waste for review and approval. This plan, Management staff. which shall include specific measures to reduce the amount of refuse generated by the proposed project, shall be developed in consultation with the Ventura County Sold Waste Management District and the City of Moorpark to meet waste reduction requirements established by the California Integrated Waste Management Act of 1989. (2) The Solid Waste Mitigation Plan shall include Same as condition (1) Same as Condition (1) Same as condition (1) Same as condition (1) a green waste reduction program for the above. above. above. above. proposed golf course operations. Greenwaste related to golf course operations shall not be deposited in landfills. Grass recycling, portable chipping, on -site reuse of trimmings, drip irrigation systems, and use of efficient fertilizers and other landscape management recommendations shall be included in this program. If a for - profit composting operation is developed by the applicant as part of this green waste management program, a Minor Modification to the CUP for the golf course shall be applied for to permit such an operation or facility within the boundary of the Moorpark Country Club Estates project ownership. Mitigation Monitoring Program - 37 April 4, 1996 Air Quality and Aesthetics Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (3) Educational materials shall be Same as condition (1) Same as condition (1) Same as condition (1) Same as condition (1) provided to residents demonstrating above. above. above. above. refuse reduction and reuse techniques, including household recycling, household hazardous waste management and composting. (4) Where feasible, the use of recycled Validate presence of One time activity. Director of Community Use of materials building materials shall be included in the requirement in Development. to be verified, construction of both the residential and CC &R review. as feasible, during recreational components of the project, construction. and language shall be included in the CC &R's to encourage such use. (5) Residential units shall include "built -in" Validate presence of One time activity Building and Safety and Inclusion of recycling and trash separation areas. requirement in CC &R Plan Check staff. required built -in review. units in plans. (1) Both the eastern and western entrances to the Verify compliance One time activity Plan Check staff Inclusion of proposed project shall be modified to provide by comparisons of during plan check and Community required amenities residential community entry monumentation, condition requirements process. Development and design features appropriate landscaping at entry points, and with landscaping, staff. into plans. golf course signage. An orderly and highway improvement, consistent street tree planting program and building plans. shall be established for both entrance roads to provide a landscaping pattern along the entranceways that resembles a rural ranch entry road design. All entry roads shall be planted so trees are spaced at equal intervals. Recommended tree plantings for these entry points shall include the non - natives typically used in ranch settings for entryways including pepper, eucalyptus, and olive trees. Mitigation Monitoring Program - 38 April 4, 1996 Aesthetics Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (2) The eastern perimeter of the project shall be Redesign has One time activity. Community Verify presence redesigned to provide a setback from the ridge occurred as part Development of recommended system visible along Walnut Canyon. of Project Description Department staff design in Landscaping around this system, once it is modification. and plan check process. landscape plan. restored, shall emphasize reestablishment of Confirm design existing native and non - native habitat. The standards in landscaping program on the eastern perimeter landscape plan. shall emphasize restoration of the existing vegetation and on the east side, the program shall emphasize the use of tiered, tree lined streets to minimize the adverse effects of the urban design planned along this perimeter. (3) The project shall be redesigned to provide Same as condition (2) Same as condition (2) Same as condition (2) Same as condition (2) setbacks from the existing rural properties above. above. above. above. on the northern and eastern perimeter of the development. This modification should emphasize relocating the eastern lots along the perimeter ridge system to a more central location within the development and the relocation of the north - central cluster of homes planned above Gabbert Creek to less visible portions of the project. (4) Low intensity night lighting shall be required Assure that One time activity. Community Verify presence as a PDP condition of approval within photometric plans Development of recommended the streetscape and at intersections. address design Department staff. limitations in Front and rear yard lighting restrictions shall concerns. project photometric be included in the project CC and Rs and plans and CC &R's. Design Guidelines. (5) Design and operation controls on the proposed Monitor ongoing Continuous for Community Review of CUP golf course and clubhouse shall be developed course operations the life of the Development compliance to to minimize disruptions to existing rural for compliance with project. Department staff be conducted neighborhoods. Minimum impact lighting shall limitations. by Planning be required for the Clubhouse and golf course Include restrictions Commission operations. Golf course maintenance activities in project upon renewal. shall be limited to daylight hours. Limitations Conditions of shall be developed on evening driving range Approval. operations to prevent significant increases in ambient night lighting. Mitigation Monitoring Program - 39 April 4, 1996 Aesthetics Quality Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (6) The location of homes along the northern and eastern perimeter of the project shall Same as condition (1) above for conditions Same as condition (1) above for conditions Same as condition (1) above for conditions Same as condition (1) above for conditions be set back from the ridgelines to protect the (6) through (10). (6) through (10). (6) through (10). (6) through (10). viewsheds and quality of life attributes of surrounding lower density residential properties (7) The eastern neighborhood shall be reconfigured to provide more cul -de -sacs to provide short streets without exposure to the central collector which is designed to serve as a primary access point to the municipal and semi - private golf courses. (8) The layout of the eastern neighborhood should be revised to provide more lot exposure along the municipal golf course. (9) The street widths, streetscape patterns, lighting, and parkway concept for the project should be created to assure a decidedly rural aesthetic - -this modification may involve providing for rolled curbs, a narrower street section, low intensity decorative lighting, a parkway street section (rather than a typical subdivision pattern), the use of decorative, rural boundary fencing along streets, and other features. 0 0) The streetscape within the western neighborhood shall be fully landscaped and treated with rural design features typical of the immediate neighborhood. Mitigation Monitoring Program - 40 April 4. 1996 Aesthetics Quality Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (11) Detailed information about residential project Same as condition (1) Same as condition (1) Same as condition (1) Same as condition (1) design features shall be incorporated into above for conditions above for conditions above for conditions above for conditions the Design Guidelines for this project. (11) and (12). (11) and (12). (11) and (12). (11) and (12). This detailed information shall comply, to the extent feasible, with the design guidelines and development standards contained in the City's Hillside Management Ordinance. The framework for Residential Planned Development Permit Design Guidelines is provided in Appendix 10 of the EIR. Final details concerning landscaping, streetscape, and the architecture of residential units shall be provided to the City Community Development Director for review and approval prior to certification of the Final EIR. Mitigation Monitoring Program - 41 April 4, 1996 Cultural Resource Mitigation Measures Timing /Actions Frequency Monitoring Staff Measure of Compliance (1) A cultural resource monitoring program shall be Monitoring should One time activity EQAP Monitor, EQAP Monitor, instituted during the initial vegetation clearance occur during initial during initial Archaeologist and arranges for and for the project. The purpose of this monitoring grading and data grading. Native American verified archaeologist's program is to determine if any significant recovery should be representative. presence. deposits not identified during the Phase I performed, if survey exist within the project boundary. The necessary, on sites monitoring shall be limited to the initial discovered during vegetation clearance phase of the grading construction. program. If cultural deposits meeting the significance criteria defined in CEQA Guidelines are encountered, limited data recovery shall be conducted. The costs of this data recovery shall be limited as defined in Appendices to CEQA Guidelines. Chumash representatives shall be actively involved in the monitoring and any subsequent phases of the project mitigation program. Participation shall include monitoring of archaeological investigations, construction monitoring, and data analysis. Mitigation Monitoring Program - 42 April 4, 1996 Mitigation Measures Proposed by the Applicant Incorporated Into The Project Description. Integrated Golf Course Management Plan Timing /Actions Frequency Monitoring Staff Measure of Compliance Prior to the issuance of Grading or Building permits, Applicant prepares Plan preparation is Community IGCMP review the Community Development Director shall approve detailed IGCMP a one time activity Development Director - to be performed an Integrated Golf Course Management Plan to govern landscape to be completed Field implementation by EQAP monitor ( IGCMP) for the golf courses. This plan shall design, management, early in the golf to be monitored until long term be coordinated with the Habitat Enhancement Plan. turf selection, design process. first by the EQAP monitoring At a minimum, the IGCM Plan shall be and chemical monitor then procedure is consistent with the following requirements: management. later by Community established. Development and The plan shall be developed by experts in Engineering staff. Compliance to be golf course design; surface water and reviewed during groundwater hydrology, turf management, CUP and Development mechanical, and biological controls, Agreement compliance arborists, and experts in native California review. plants. In addition, the City may, at its sole discretion and at the applicant's expense, use City staff or outside consultants to review the plan. These costs shall be included in the maximum annual monitoring cost specified in the Project Mitigation Monitoring Program. The plan shall incorporate the following goals, policies and design features: (1) The use of chemicals for golf course management shall be permitted in conjunction with natural systems of turf management. Natural methods of biological control include: Mitigation Monitoring Program - 43 April 4, 1996 Integrated Golf Course Management Plan Timing /Actions Frequency Monitoring Staff Measure of Compliance a. Selection of plant materials Same as prior page. Same as prior page. Same as prior page. Same as prior page. to minimize the need for chemicals (e.g., insect and disease resistant plant species, use of plant species which inhibit plant growth under their driplines, etc.). b. Use of mechanical techniques where possible (e.g. manually removing weeds, rather than using herbicides; installation of "gopher barriers" (i.e., underground wire mesh) around tees and greens to discourage gophers in sensitive areas; use of traps rather than chemical pesticides to control animal pests, and aeration/ filtration of standing water. C. Use of biological control techniques where possible (e.g. use of frogs for mosquito larva control, etc.). (2) The use of irrigation water on site shall Same as Condition (1). Same as Condition (1). Same as Condition (1). Same as Condition (1). be minimized where possible using such techniques such as: a. Time water irrigation to avoid hot periods of the day (i.e., to avoid excess evaporation), or early night (i.e., to avoid plants being wet through out night and thus potentially being more susceptible to diseases). Mitigation Monitoring Program - 44 April 4, 1996 Integrated Golf Course Management Plan Timing /Actions Frequency Monitoring Staff Measure of Compliance b. Extensive monitoring and recording of soil moisture, and daily evapotransportation rates to maximize irrigation efficiency. C. Establish deep moisture in the soils, avoiding evaporation and encouraging deep root growth. d. Hand water only during the day to preclude wilt. e. Low permeability membranes and /or clay shall be installed under all lakes to prevent loss of irrigation volume. f. Procedures shall be developed to monitor turf maintenance, including anticipated irrigation rates and schedules, and shall be designed to reduce or eliminate the amount of irrigation run -off. (3) When chemicals are used they should be Same as Condition (1). Same as Condition (1). Same as Condition (1). Same as Condition (1). selected to the extent possible for the following characteristics: a. Application of chemicals at the proper time of day to maximize plant uptake and minimize runoff or underground migration (e.g., avoid spraying when very hot, before rainstorms, etc.). Mitigation Monitoring Program - 45 April 4, 1996 Integrated Golf Course Management Plan Timing /Actions Frequency Monitoring Staff Measure of Compliance b. They should be specific to the target Continued from Continued from Continued from Continued from species (e.g., sex pheromones to trap prior page. prior page. prior page. prior page. insects) rather than be broad spectrum pesticides. C. They should not utilize long- lasting residuals compounds. d. They should not readily evaporate any dangerous compounds or readily migrate through groundwater. e. Procedures shall be developed to record and monitor the use of chemicals, including the type, application rates, and frequency of use, and methods of handling and storage. (5) A program shall be developed to monitor Measures (5) to (10) Measures (5) to 00) Measures (5) to (10) Measures (5) to 00) on -site and off -site surface and ground to be implemented to be implemented to be implemented to be implemented water quality to be reviewed by the City identically to identically to identically to identically to and by the County Public Works Agency. condition (1). condition (1). condition (1). condition (1). (6) The most recent applicable Environmental Protection Agency Stormwater and NPDES regulations shall apply to this project. (7) All runoff from man made impervious surfaces such as parking lots shall be filtered through grease /oil traps before discharge into drainage facilities leading offsite to minimize surface runoff of potential water contaminants. The contents of the traps shall be disposed per local and State regulations. Mitigation Monitoring Program - 46 April 4, 1996 Integrated Golf Course Management Plan Timing /Actions Frequency Monitoring Staff Measure of Compliance (8) In the event that significant ground Continued from Continued from Continued from Continued from water or surface water contamination prior page. prior page. prior page. prior page. from the project is found to occur by either the County of Ventura or the Regional Water Quality Control Board, the applicant shall take whatever steps are deemed necessary by the identifying agency to remove contamination and prevent future impacts. (9) To the degree feasible (given elevation differences in the course design), drains placed under greens, tees, and fairways shall be directed into the on -site lakes. Collected water could be recycled for irrigation use. In areas where drainage to lakes is not possible, the use of impermeable membranes and other water quality protection features shall be considered for incorporation into the course design. (10) Measures to reduce water consumption throughout the golf course operation shall be incorporated into the irrigation plan for the project. The measures shall include, at a minimum: (a) Use of drought tolerant turf and other plant materials. (b) Use of drip irrigation systems for plants and other low water irrigation systems for turf. A proposed irrigation system include computerized controls, weather stations, and high -tech distribution systems. Mitigation Monitoring Program - 47 April 4, 1996 Integrated Golf Course Management Plan Timing /Actions Frequency Monitoring Staff Measure of Compliance (c) Installation of separate metering systems on the domestic and irrigation supplies to monitor of water used for each purpose. (d) Installation of low -flow plumbing fixtures in all buildings and /or areas in the clubhouse locker rooms, rest areas and restaurant. (e) Installation of insulation on cold and hot water pipes to minimize warming of cold water pipes and cooling of hot water pipes. Such insulation can help conserve water by reducing unnecessary running of water. (f) Integration of this plan with the Habitat Enhancement Plan. (1 1) A landscape design plan shall be prepared Same as condition (1) Same as condition (1) Same as condition (1) Same as condition (1) as a component of the IGCMP. At a minimum, above. above. above. above. this plan shall address the following goals and policies: (a) Drought tolerant plant materials shall be used as practical. (b) Plant species which would not attract deer to certain areas shall be considered along the landscaped golf course perimete . (c) California native plants shall be used as much as possible, with species native to or naturalized in the Moorpark Region give preference in landscape planning. (d) If non - native species are used, they shout be non - invasive varieties. Mitigation Monitoring Program - 48 April 4, 1996 Integrated Golf Course Management Plan Timing /Actions Frequency Monitoring Staff Measure of Compliance (e) A long term maintenance program for the native species shall include regular monitoring programs. (12) No internal combustion engine golf carts Same as condition Same as condition Same as condition Same as condition shall be used on site, unless first approved (1) above. (1) above. (1) above. (1) above. by the Community Development Director. 03) The IGCMP shall include a long -term Same as condition Same as condition Same as condition Same as condition monitoring program. An annual review of golf (1) above. (1) above. (1) above. (1) above. course operations shall be required to ensure fulfillment of the intents of the Plan. Modifications to the Plan shall be made as required on an annual basis. Prior to issuance of grading or building permits, Applicant prepares Plan preparation is Community HEP review to be the Community Development Director shall approve detailed HEP a one time activity Development performed first a Habitat Enhancement Plan (HEP). The Plan shall to be incorporated to be completed Director - Initial by EQAP monitor apply to all existing or created on -site oak into the landscape early in the golf field implementation until a long term woodlands, riparian areas, and lakes. The purpose design program. course design process. to be monitored monitoring procedure of this plan shall be to increase the biological first by the EQAP is established. carrying capacity of these areas. This plan shall monitor and then Compliance to be be coordinated with the Integrated Golf Course later by Community reviewed during Management Plan. At a minimum, policies and Development and CUP and Development design features to be incorporated into this plan Engineering staff. Agreement compliance shall include: review. (1) Policies and programs to reduce non - native plants, and encourage native plants. At a minimum, the following programs shall be included: (a) Removal of non - native plants. (b) Planting a variety of native plants to increase biological carrying capacity. Mitigation Monitoring Program - 49 April 4, 1996 Integrated Golf Course Management Plan Timing /Actions Frequency Monitoring Staff Measure of Compliance (c) Maintenance programs to ensure the See prior page See prior page See prior page See prior page long -term health and viability of plant for requirements. for requirements. for requirements. for requirements. and animal communities. (d) Restrictions on the use of chemicals or pesticides which have documented, detrimental, long -term effects on the biological communities within oak woodlands, riparian areas, and lakes. (e) Restrictions on any management practices to eliminate any "pest" species which may live in the oak woodlands, riparian areas or lakes, unless the Planning Division first approves such practices. Such approvals should only be granted in unusual situations such as threats to public health. (f) Assurances that the project will constitute a viable preserve for at least some locally rare, listed, or endangered plants. Mitigation Monitoring Program - 50 April 4, 1996 Integrated Golf Course Management Plan Timing /Actions Frequency Monitoring Staff Measure of Compliance (2) Policies regarding trees protected by the Compliance with One time activity City Engineer staff EQAP monitor to City Tree Protection Ordinance (called "protected trees "). At a minimum, Oak Tree Ordinance requirements to be for plan checks and continuous and Community Development verify field compliance with these consist of the following: assured through activity during Department staff. protection incorporation of grading until requirements. (a) This project shall not initially requirements in project completion. remove any tree species protected conditions 2(a) under the City Tree Protection Ordinance. through 2(e) into landscape and grading (b) Damage or removal of any protected tree plans. by this project shall be subject to the provisions of the Tree Protection Ordinance. If a protected tree dies other than as a result of this project, the tree shall be replaced per the requirements of the Tree Protection Ordinance for removed trees. (c) No grading or other activity (e.g., equipment and material storage, parking, etc.) shall occur within the driplines on protected trees. To ensure this, temporary 6' protective fencing shall be installed at least one foot outside the dripline of every such tree prior to grading. (d) Grading and other activities may occur between the dripline and 10 feet beyond the dripline of every protected tree only if the project appointed City Arborist first conducts a field survey of the situation and certifies to the City that the protected tree will not be damaged by the proposed activity. In addition the Arborist shall monitor these activities while they occur to ensure that the protected tree is not damaged. Mitigation Monitoring Program - 51 April a, 1996 Integrated Golf Course Management Plan Timing /Actions Frequency Monitoring Staff Measure of Compliance Prior to grading, the grade subject to review by the Arborist shall be staked and otherwise marked as off - limits for activities not previously approved by the Arborist. Also, the off -limit areas shall show on the approved grading plan with notes to the grading contractor on the face sheet of the approved grading plans. (e) A tree planting program shall be instituted to expand the number of trees within the riparian areas within the project boundary along the Gabbert Creek drainage. (3) A buffer zone 25 feet wide, measured from Verify compliance One time activity Plan check staff Inclusion of the top of the bank, shall be maintained by comparison of during plan check and Community required amenities adjacent to all protected drainages condition requirements process. Development and design features identified in the EIR Biological Constraints with landscaping, Department staff. into plans. Map. This buffer is designed to protect highway improvement, these areas from impacts resulting from the and building plans. proximity of project - related activities. This buffer shall be subject to the following policies: (a) The exact location of this buffer zone shall be determined by the Community Development Director in consultation with an independent biologist. (b) This buffer zone shall be identified and staked to the satisfaction of the Director prior to grading operations. Mitigation Monitoring Program - 52 April a, 1996 Integrated Golf Course Management Plan Timing /Actions Frequency Monitoring Staff Measure of Compliance (c) No physical alterations other than revegetation shall be allowed within this buffer zone unless an independent biologist approved by the Director of Community Development has certified that such work would not damage the integrity of the buffer. Prohibited activities generally include: grading, cut, fill, clearing, landscaping, storage of equipment and materials, vehicular parking and irrigation (except for the establishment of native plants). Required flood - control improvements and bank protection are exempt from this requirement. (4) Use the on -site lakes for the encouragement Same as Measure (1) Same as Measure (1) Same as Measure (1) Same as Measure (1) of native aquatic plants and amphibians. above. above. above. above. (5) This plan shall be coordinated with the Same as Measure (1) Same as Measure (1) Same as Measure (1) Same as Measure (1) California Department of Fish and Game. above. above. above. above. (6) The plan shall include a long -term Same as Measure (1) Same as Measure (1) Same as Measure (1) Same as Measure (1) monitoring provision. above. above. above. above. An on -site tree nursery shall be developed and Nursery to be Continuous - Community Performance review maintained to propagate plant species for use on established and annual event. Development to be required site. The Community Development Director maintained as an Department. during periodic shall approve the location of this nursery. element of the CUP and Development The nursery operational plan shall be golf course. Agreement review. approved prior to issuance of Certificate of Occupancy. Plants shall be distributed to the public on an annual arbor day. At a minimum, 100 oak seedlings (5 gal. or larger) and 100 other native broad leaf trees (5 gal. or bare root) shall be made available annually. Mitigation Monitoring Program - 53 April 4, 1996 Air Quality Mitigation Plan Timing /Actions Frequency Monitoring Staff Measure of Compliance Prior to the issuance of grading or building permits, the Community Development Director shall approve an Air Emissions Mitigation Plan (AEMP). The plan will implement the intent of EIR air quality mitigation recommendations. At a minimum the AEMP shall contain policies and implementation methods as follows: (1) All construction equipment engines The Air Quality Monitoring to EQAP Monitor and EQAP Monitor to shall be maintained in good working Mitigation Plan is to continue until City Engineer and perform field condition and in proper tune as per be prepared prior to completing of Building Inspectors monitoring and manufacturer's specifications. initiation of rough grading. are all responsible to report on grading. Some of for monitoring compliance (2) During smog season (May through October), these measures implementation of review. the construction period shall be duplicate the the Plan. lengthened so as to minimize the required mitigation number of vehicles and equipment identity in the EIR. operating at the same time. (3) Construction activities should utilize new technologies to control ozone precursor emissions as they become available and feasible as determined by the Community Development Director. (4) All material excavated or graded shall be sufficiently watered or treated with all environmentally safe dust palliatives to prevent excessive amounts of dust. Watering should occur at least twice daily with complete coverage, preferably in the late morning and after work is done for the day. Mitigation Monitoring Program - 54 April 4, 1996 Timing /Actions Frequency Monitoring Staff Measure of Compliance Air Quality Mitigation Plan Same as prior page for all measures (5) to 00)• Same as prior page for all measures (5) to 00). Same as prior page for all measures (5) to 00). Same as prior page for all measures (5) to 00). (5) All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds (i.e., greater than 15 mph averaged over one hour) so as to prevent excessive amounts of dust. Contact the Ventura County Air Pollution Control District (APCD) meteorologist for current information regarding average wind speeds. (6) All material transported off -site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. (7) Face masks shall be used by all employees involved in grading or excavation operations during dry periods to reduce inhalation of dust which may contain the fungus which causes San Joaquin Valley Fever. (8) The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized so as to prevent excessive amounts of dust. (9) All portions of the construction site which are inactive for more than 30 days shall be seeded and watered until grass cover is grown. 0 0) On -site vehicle speed shall be limited to 15 mph during construction. Mitigation Monitoring Program - 55 April 4, 1996 Air Quality Mitigation Plan Timing /Actions Frequency Monitoring Staff Measure of Compliance (1 1) All areas with vehicle traffic shall be Same as mitigation Same as mitigation Same as mitigation Same as mitigation watered twice a day or treated with measure (1) for measure (1) for measure (1) for measure 11► for environmentally safe dust palliatives except measures 0 1) to 0 3►. measures 0 1) to 0 3). measures 0 1) to (13). measures 0 1) to 113►. during periods of measurable rainfall. (12) Streets adjacent to the project site shall be swept as needed to remove silt which may have accumulated from construction activities to prevent excessive amounts of dust. 0 3► All of the above implementation measures shall show as notes on the face sheet of the grading plan and shall be conditions of grading permit issuance. Mitigation Monitoring Program - 56 April a, 1996 Lighting Plan Timing /Actions Frequency Monitoring Staff Measure of Compliance Prior to the issuance of grading or building permits, the Community Development Director shall approve a lighting plan for all exterior lighting. A lighting plan shall be prepared by an electrical engineer registered in the State of California. The lighting plan shall achieve the following objectives: avoid interferences with reasonable use of adjoining properties; minimize on -site and off -site glare; provide adequate on -site lighting; limit electroliers height to avoid excessive illumination; provide structures which are compatible with the total design of the proposed facility; and minimize energy consumption. The lighting plan shall include the following provisions: (1) A photometric plan showing a point -by -point The following Guidelines Plan preparation Community Long term monitoring foot candle layout to extend a minimum of regarding photometric is a one time Development Director. of compliance shall twenty (20) feet outside the parking lot planning are to be activity to be Initial field occur through CUP and clubhouse boundaries. The layout plan considered for completed early implementation periodic review. is to be based on a ten (10) foot grid center. incorporation into in the golf to be monitored Down lighting and accent landscape and photometric plans course design by EQAP Monitor. building lighting shall be employed for the project. process. throughout the project. Entrance lighting Plans to comply along project access roads shall be compatible with all CUP with the surrounding rural neighborhood. conditions. (2) Maximum overall height of fixtures (except street lights) shall not exceed twenty (20) feet, unless otherwise approved by the Community Development Director. Fixtures must possess sharp cut -off qualities with a maximum of one foot candle illumination at property lines. Mitigation Monitoring Program - 57 April a, 1996 Lighting Plan Timing /Actions Frequency Monitoring Staff Measure of Compliance (3) There shall be no more than a seven -to -one See prior page. See prior page. See prior page. See prior page. (7:1) ratio level of illumination shown (maximum -to- minimum ratio between lighting standards). (4) Energy efficient lighting fixtures shall be provided which are compatible with adjacent properties. (5) A minimum of one, and a maximum of two foot candle illumination with a 1.5 foot candle average, or as otherwise approved by the Planning Director. (6) No light shall be emitted above the 90 degree or horizontal plane. No direct light source shall be visible from the street or adjacent properties. (7) Light standards in the parking lot shall be shielded and directed downward to avoid light and glare on neighboring properties. (8) Lighting devices shall be high enough to prohibit tampering by anyone on the ground unless tamper -proof fixtures are approved by the Director of Community Development. All parking areas shall be provided with a lighting system capable of illuminating the parking surface with a minimum maintained 1 -foot candle of light and shall be designed to minimize the spillage of light onto adjacent properties. All exterior lighting devices shall be protected by weather and breakage resistant covers. (9) Street lighting and rural lot lighting standards specified in the EIR shall be incorporated into the project photometric plans. Mitigation Monitoring Program - 58 April 4, 1996 Landscape Plan Requirements Timing /Actions Frequency Monitoring Staff Measure of Compliance (1) Prior to the issuance of a Zoning Clearance, The following A series of Community Reviewing City three sets of Landscaping and Irrigation Plans, guidelines and one -time planning Development personnel to together with a maintenance program, shall be commitments should actions would be Department, confirm inclusion prepared by a State - licensed Landscape be incorporated into required to and contract of standards and Architect. The plan shall be in accordance the Landscape Plan. implement these City Landscape guidelines prior with the Ventura County Guide to Landscape A number of these guidelines and Architect. to issuance of Plans, and applicable City policies, plans measures have been standards. building permits. and ordinances. Further, the plan shall be incorporated into submitted to the Community Development conditions of Director for approval. The applicant approval for the shall bear the full cost of plan review Golf Course and and final inspection. Vesting Map. (2) Prior to the issuance of an Occupancy Permit, all landscaping and irrigation system installation for the golf course, club house and ancillary structures, front yards, and streetscapes, shall be completed and approved by the Community Development Director or the Director's designee. (3) Prior to occupancy, the landscape architect shall certify, in writing, that the landscaping and irrigation system were installed in accordance with the approved Landscape and Irrigation Plans. (4) Continued landscape maintenance shall be subject to periodic inspection by City staff. The permittee shall be required to remedy any defects within two weeks after notification by City staff. Mitigation Monitoring Program - 59 April 4, 1996 Landscape Plan Requirements Timing /Actions Frequency Monitoring Staff Measure of Compliance The final landscape plans shall include landscaping specifications, planting details, and design specifications and are subject to the following: (1) The final design of all sidewalks, See prior page for See prior page for See prior page for See prior page for barrier walls, streetscape elements, monitoring guidelines. monitoring guidelines. monitoring guidelines. monitoring guidelines. urban landscaping, and pedestrian paths within the project limits are subject to the approval of the Community Development Director. (2) A 50 percent shade coverage shall be provided within all open parking areas. Shade coverage is described as: the maximum mid -day shaded area defined by a selected specimen tree at 50 percent maturity. (3) Any turf plantings associated with non -golf course areas within this project shall be drought tolerant, low water -using varieties. (4) Landscaping at site entrances and exits and any intersection within the parking lot shall not block or screen a seated driver's view of moving vehicles or pedestrians. (5) Plantings in and adjacent to parking areas shall be contained within raised planters surrounded by six -inch high concrete curbs. (6) Landscaping (trees) shall not reduce overhead lighting at ground level. Mitigation Monitoring Program - 60 April 4, 1996 Landscape Plan Requirements Timing /Actions Frequency Monitoring Staff Measure of Compliance (7) Earthen berms and /or low walls or See prior page for See prior page for See prior page for See prior page for appropriate landscaping shall screen monitoring guidelines. monitoring guidelines. monitoring guidelines. monitoring guidelines. views of parked vehicles from access and internal circulation roads. (8) Backflow preventers, transformers, or other exposed above -grade utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and /or walls. (9) A sufficiently dense tree planting plan emphasizing tall growing trees and /or shrubs shall be designed for areas adjacent to the proposed clubhouse. Trees next to golf course buildings shall be a minimum of 24 inch box size to provide screening in a five (5) year time period. Recommendations regarding planting in the environmental document shall be incorporated, to the degree feasible, into the screening plan. (10) Irrigation shall be provided for all permanent landscaping, as identified in the approved landscape plan. The applicant shall be responsible for maintaining the irrigation system and all landscaping. The applicant shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the development. Mitigation Monitoring Program - 61 April a, 1996 Landscape Plan Requirements Timing /Actions Frequency Monitoring Staff Measure of Compliance 0 1) Native and /or drought - tolerant shrubs See prior page for See prior page for monitoring guidelines. See prior page for monitoring guidelines. See prior page for monitoring guidelines. and trees shall be utilized: for monitoring guidelines. landscaping purposes; in order to stabilize graded slopes; and to encourage return of wildlife species displaced from the project site as a result of grading activities. Mitigation Monitoring Program - 62 April 4, 1996 Resolution Number 96- Attachment 4 Bollinger Development Corporation The Moorpark Country Club Estates Project STATEMENT OF FINDINGS Legal Requirements The California Environmental Quality Act (CEQA) section 15091, which requires the preparation of a Findings Concerning the Mitigation of Environmental Effects, states: "No public agency shall approve or carry out a project for which an EIR has been completed which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (3) Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR." This section of the guidelines further directs that the findings shall be supported by substantial evidence in the record of the project. The certified Final EIR on the Bollinger Development Corporation Moorpark Country Club Estates Project (Certified on December 20, 1995) identified thirteen types of environmental effects for which Findings must be prepared. These environmental concerns included: (1) land use and planning considerations and project consistency with adopted environmental Goals, Plans and Policies; (2) geologic effects and seismic hazards; (3) air quality impacts on the local and regional airshed; Statement of Findings -1 April 4, 1996 (4) changes to surface water quality and extraction of groundwater supplies; (5) impacts resulting from changes to drainage patterns and the transport of sediment; (6) effects on biological resources; (7) noise impacts on City residents; (8) fire hazards and fire suppression; (9) growth inducement potential and population and housings impacts; (10) effects on both local and regional traffic circulation; (11) impacts on public services and private utilities; (12) effects on aesthetics and visual resources; and (13) impacts to cultural resources. In brief, A Statement of Findings is required for all significant adverse impacts for which feasible and effective mitigation measures have been conceived. Even in cases where feasible and implementable mitigation measures have been developed to offset an environmental effect, if the scope of the required mitigation is not sufficient to reduce impacts to acceptable levels, a Statement of overriding Considerations must also be prepared; such a statement has been prepared for this project and follows (refer to Exhibit 2: Statement of Overriding Considerations for air quality and biological effects). Thresholds of significance useful for distinguishing between an environmental effect that is adverse and can be mitigated or an effect that is unavoidable are defined in CEQA Statutes, State Guidelines, Appendices to State CEQA Guidelines, City Guidelines implementing CEQA, and in County thresholds and standards related to regional environmental effects (e.g., air quality, water quality). Statement of Findings -2 April 4, 1996 Impacts for Which Findings are Required Land use and Planning Considerations and Project Consistency with Adopted Environmental Goals, Plans and Policies Anticipated Adverse Environmental Effects Four land use issues were identified as having the capacity of generating potentially significant environmental effects; these potential impacts included: (1) the conversion of existing rural, agricultural, and rural residential uses to more intense development with attendant depreciation of environmental quality, (2) the potential for future conversion of agricultural lands surrounding the project that would otherwise be committed to cultivation in the near future, (3) the growth inducing effect of required infrastructure extensions, and (4) detrimental effects on surrounding properties and neighborhoods. Findings The City disclosed the potential for environmental effects concerning these four issues and required feasible and implementable mitigation measures for each concern. In addition, the certified Final EIR included a revised project design that incorporated most of the required mitigation measures outlined in the EIR. Subsequently, the Project Description was formally amended and an Addendum to the Certified Final EIR was prepared and a final set of Conditions of Approval were developed to mitigate any remaining impacts not offset by project redesign. Applicable findings are that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the certified Final EIR LCEQA Section 15091 (a )(1)]. Rationale The revised Project Description included all of the features recommended in the certified Final EIR Alternatives Analysis which were necessary to improve the land use compatibility of the project with surrounding properties. These changes included providing substantial setbacks from surrounding properties, the creation of an open space buffer in the form of an easement area within which development would be restricted or prohibited. In addition, limitations were imposed on the capacity and alignment of infrastructure extensions. Specific changes in the revised Project included: (1) the northern extension of the western neighborhood was eliminated to prevent grading and landform modification along the northern perimeter of the development; (2) the street system for the project was redesigned (a) to provide separation between vehicle movements along the main collector street and the interior street system designed to serve as a residential local Statement of Findings -3 April 4, 1996 street; (b) to eliminate driveways along the project collector "C" Street; and (c) to enable the creation of a pedestrian oriented parkway design streetscape which would serve as an amenity to the public space within the development; (3) an open space buffer was incorporated into the design around the northern, eastern, and southern portions of the property; (4) the golf courses were redesigned to achieve greater compactness, to reduce intrusions into preserved open space, to reduce grading and air quality impacts, and to prevent potential traffic - pedestrian /golf cart conflicts; (5) the golf course lake system was redesigned to provide an improved surface drainage design (so surface water is directed, to the maximum extent feasible, into water features) which assists in reducing the potential for surface water impacts to downstream areas from golf course chemicals; (6) additional retention capacity was provided to further reduce any potential hydrology impacts within the Gabbert Canyon drainage; (7) the water system for the project was designed to conform with Water District No. 1 master plans for storage reservoir capacity; (8) the layout of houses within the eastern neighborhood was changed substantially to break up the linearity of the original design and to provide more exposure of the neighborhood to the golf course fairway areas; (9) the golf course clubhouse was relocated and redesigned to achieve more compactness and to reorient elevations to prominent fairway exposure; (10) larger acreage lots were planned around the perimeters of the project to provide additional buffers between the proposed project and surrounding rural neighborhoods; (11) all higher density housing which would have intruded on the quality of life of surrounding rural neighborhoods was eliminated; and The consistency of the project with adopted environmental goals and policies was evaluated in Chapter 5 of the Certified Final EIR. With exceptions related to air quality and impacts to biological resources which are referenced in the Statement of Overriding Considerations, the amended project as described in the Addendum to the certified Final EIR Statement of Findings -4 April 4, 1996 and in exhibits provided by the applicant resulted in the incorporation and adoption of all required, feasible mitigation measures. With these modifications, the project was found to be in conformance with the goals, policies, and programs in the applicable Elements of the General Plan. Geologic and Seismic Hazards Anticipated Adverse Environmental Effects According to the preliminary grading plans for the original project, approximately 10,339,400 million cubic yards of earth were proposed to be graded to create building pads, to construct two golf courses, and to provide access roads and internal circulation. As described in the Addendum to the certified Final EIR, this yardage has been reduced by about 1,000,000 cubmic yards in the amended project plan. Impacts associated with the scope and intensity of grading were defined as being adverse and significant. Cuts of up to 80 feet and fills up to about 90 feet in depth would be created during site mass grading. Maximum cut and fill slopes would extend 400 to 500 feet in height and 300 to 400 feet in length, respectively. Unstable slopes were identified that required modifications to the grading plan. Surficial landslides and slope failures are present along the southern perimeter of the property. The constraints posed by these landslides have been taken into account in the design of the project. Few landslides or unstable slopes exist within the residential portion of the project; a substantial number of landslides are present within the areas to be developed with golf courses. This distribution of proposed uses in relation to hazards is intentional and reflects careful and judicious financial and engineering planning. Project construction and grading activities would involve removal of vegetative cover, excavation and cut and fill slopes, and operation of heavy equipment. Significant impacts to soils include accelerated erosion and downslope deposition and increased potential for surficial sliding and slumping. Compaction of soils by heavy equipment may reduce the infiltration capacity of soils. The reduced infiltration may deprive soil and vegetation of water and may substantially increase runoff and erosion, particularly into the unnamed drainage descending along the western perimeter of the project boundary within Gabbert Canyon (this drainage is hereafter referred to as Gabbert Creek) . Sedimentation patterns into the creek would likely be greatly altered by denuding of slopes and by grading activities at the site. Statement of Findings -5 April 4, 1996 The two golf courses are planned within an area containing major landslides. Substantial grading is proposed within the boundary of both golf courses and existing landslides are present within the boundary of both courses. The planned grading will effectively modify the stability of the larger slides by cutting and removing material from the tops of these landslides (thus removing the mass that would tend to drive reactivation of the landslide) and filling at the toes of the landslides (thereby providing additional resistance to landslide movement). Findings The City disclosed the potential for adverse environmental and potential property related effects resulting from the exploration of the geologic suitability of the property for the uses proposed. Specific mitigation measures were conceived to offset impacts related to (1) landslides and slope stability, (2) seismic hazards related to fault rupture, (3) liquefaction potential, (4) the suitability of the project site for the proposed use and the appropriateness of the site design and grading concept. Furthermore, the certified Final EIR included an alternatives analysis that recommended project redesign to minimize geologic hazards. A revised project design was conceived that incorporated most of the required mitigation measures outlined in the certified Final EIR. Subsequently, the Project Description was formally amended and an Addendum to the Certified Final EIR was prepared and a final set of Conditions of Approval were developed to mitigate any remaining impacts not offset by project redesign. Therefore, not only has the project been redesigned to avoid adverse effects, mitigation measures have also been required to offset any residual effects related to incomplete mitigation or inability to redesign the project completely to eliminate impacts. The applicable finding is that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Certified Final EIR (CEQA Section 15091 (a)(1)]. Rationale Feasible and implementable mitigation measures were developed for each area of geologic concern. Project mitigation measures require additional, detailed, site specific geotechnical investigation and preparation of further geologic studies prior to recordation of the Vesting Map. Mitigation measures also require remediation of unstable slopes, removal and stabilization of landslides, and compliance with the recommendations of soil and geologic studies. with the imposition of these mitigation measures and taking into account the redesign of the project to avoid or minimize environmental effects, changes or alterations have been required and incorporated into the project that have reduced potential geologic hazards to insignificance. Statement of Findings -6 April 4, 1996 Air Quality Anticipated Adverse Environmental Effects Construction of the Moorpark Country Club Estates project would generate particulate emissions during clearing and grading activities. Some construction operations for the proposed project would have the potential to result in concentrations of particulates that exceed both the national and state ambient air quality standards on a short -term basis. The dust generated by such activities may also pose adverse impacts to those living and working near the construction sites. In addition, the occupation of new residences constructed as part of the project and traffic related to the use and operation of the golf courses would exceed thresholds established by the County Air Pollution Control District. Both the residential and golf course components of the project would result, jointly or severally, in a significant, unavoidable air quality impact. Findings The City disclosed the potential for significant, unavoidable adverse environmental effects on local and regional air quality in the certified Final EIR for this undertaking. Project modifications that would have reduced the volume of pollutants were considered in the Alternatives Analysis. These alternatives included: Alternative 1: No Project Alternative 2: 1 Golf Course and 5 Acre Home Sites Alternative 3: 5 Acre Estate Homes and No Golf Course Alternative 4: Rural Neighborhood Plan Alternative 5: Revised Project Design Alternative 6: Alternative Locations As disclosed in the rationale statement concerning project alternatives in the concluding section of these findings, with the exception of Alternative 5 (Revised Project Design), these alternatives were determined either to be infeasible or not capable of being implemented, or, the alternatives considered would not substantially reduce air quality emissions. The adopted alternative, Alternative 5, failed to result in a significant reduction of air quality impacts and therefore a Statement of Overriding Considerations was required for this impact. Mitigation measures were conceived which partially offset air quality impacts. Since adverse effects were not fully mitigated, a Statement of Overriding Considerations was prepared. Statement of Findings -7 April n, 1996 Rationale Without a substantial reduction in the size of the project, diminishing air quality impacts sufficiently to reduce the impacts of the project to non - significant levels cannot be achieved. For the reasons cited in the Alternatives Analysis section of these findings, a reduction in project size was not recommended in the certified Final EIR as the environmentally superior alternative. Rather, the recommended alternative (Alternative 5) emphasized substantial redesign of the project. The project was subsequently redesigned to be consistent with Alternative 5. Feasible and implementable mitigation measures were developed for both construction and long term operational emissions that were anticipated to occur as a result of project implementation. These mitigation measures include transportation demand management planning, construction mitigation planning, and incorporation of trip reducing technologies into the project (to the extent feasible and applicable) . With the imposition of these measures and taking into account the redesign of the project to avoid or minimize environmental effects related to air quality (e.g., decreasing the extent and duration of grading), impacts were reduced to the extent feasible. Therefore, Applicable findings are that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the certified Final EIR (CEQA Section 15091 (a)(1)] and specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the certified Final EIR (CEQA Section 15091 (a)(3)] that could have further reduced air quality impacts. The new emissions to be generated by the project can at least partially be offset by APCD recommended mitigation measures. However, even with mitigation efforts, including payment of mitigation fees, the project's incremental contribution to a decline in the quality of air in the community would be significant. Groundwater Supplies, Domestic and Reclaimed Water Use, and Surface Water Quality Anticipated Adverse Environmental Effects The certified Final EIR considered six sources of impact related to groundwater supplies and surface water quality including (1) impacts on local groundwater supplies and extraction systems, (2) modifications to existing Water Works District No. 1 wells and conveyance lines within the property, (3) adequacy of potable water supply, and (4) adequacy of wastewater treatment planning, (5) reclaimed water planning and the effects of reclaimed water on surface water quality, and (6) water quality impacts from golf course operations. Statement of Findings -8 April 4, 1996 The proposed project is situated in the North Las Posas Basin which is seriously overdrafted. The Ventura County Groundwater Management Agency (GMA) has adopted an ordinance which requires future reductions in well extractions from the basin in an attempt to stabilize future demands and assure that the Basin extractions do not exceed safe yield. The potable water demand of the project will contribute to an impact on this basin. While the project proposes to keep existing well facilities situated within the property boundary operational and provide a future use site, implementation of the proposed modifications to the District's extraction and delivery system has the potential to result in significant adverse impacts through interruption of service, damage to the wells or conveyance lines, the addition of extraction fees, and other legal and practical complications. Surface water quality effects were considered in the certified Final EIR in detail. A probable and worst case analysis of golf course chemical related use on surface and groundwater quality was completed. The potential for impacts on surface water quality were determined to be potentially adverse and significant. Findings The City disclosed the potential for adverse environmental and potential property related effects resulting from the extraction of water from local groundwater sources, the use of reclaimed water, and the use of chemicals on the golf course for turf management. A number of changes and alterations were required to the design of the wastewater and freshwater extraction and conveyance system; the protection of water quality will be assured through the preparation and implementation of an Integrated Golf Course Management Plan and related water management plans. Finally, requirements were established for coordination with another agency (Water Works District No. 1) and which is responsible for the management and distribution of fresh and reclaimed water supplies. Therefore, not only has the project been redesigned to avoid adverse effects, mitigation measures have also been required to offset any residual effects related to incomplete mitigation or inability to redesign the project completely to eliminate impacts. Therefore, the applicable finding is changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the certified Final EIR (CEQA Section 15091 (a)(1)]. Statement of Findings -9 April 4, 1996 Rationale Specific mitigation measures were conceived to offset impacts related to (1) groundwater management, (2) the relocation and modification of wells and well conveyance lines, (3) the use of reclaimed water and monitoring this use through time to measure and correct for any effects on surface water quality, (4) the potential for erosion and sediment impacts related to grading, temporary erosion control, and (5) the long term use and management of chemicals on the golf course. Based on available data, the proposed Moorpark Country Club Estates project effluent can feasibly be processed by the Moorpark Treatment Plant without adverse effects on long term or short term treatment capacity. The total treatment demand of 0.070 million gallons per day would not adversely affect treatment capacity. The anticipated reclaimed water demand for the project is projected to be approximately 1.5 million gallons per day. This allotment of reclaimed water is available and can be provided by the District. A contract for the provision of this water has been proposed by the applicant and approved in concept by the District. Therefore, reclaimed water can be provided to the project without adverse consequences on existing users or on Moorpark Treatment Plant facilities. Reclaimed water is being used at several golf courses in Ventura and Los Angeles Counties including the Calabasas Park, Lake Sherwood, Lake Lindero, Buenaventura, and Olivas Park facilities. The managers at these golf courses scientifically evaluate the nutrient and water requirements of the plants (grasses) being watered with reclaimed sources and apply the appropriate amount of reclaimed water supplemented by additional fertilizers and soil amendments. The nutrient and moisture uptake of the grass type is balanced with the application rate to minimize any excess nutrient buildup which could otherwise result in a poor quality visual landscape. With proper management, these golf courses appear to have maintained this balance and no degradation in surface or groundwater quality due to either the use of reclaimed water or use of fertilizers, pesticides or herbicides has been reported. Although chemicals are used in the maintenance of a golf course, the array and volume of these materials are minor compared to comparable agricultural activities. As the academic literature on golf course management concludes, to minimize potential surface or groundwater quality impacts, proper turf management is essential. The instrument for proper management is a master plan covering all aspects of golf course operations including maintenance and cultivation; such a plan is called an Integrated Golf Course Management Plan (IGCMP) . The portion of the IGCMP pertaining to pesticide and fertilizer application is also frequently called an Integrated Pest Management or IPM program. Therefore, with proper management of the golf course, no contamination of downstream surface waters from the application of reclaimed water and fertilizers is expected to occur even under worst case conditions. Assuming proper use of the pesticides, the potential for runoff of pesticides from the golf courses is not expected to result in significant downstream impacts even under worst case conditions. Statement of Findings -10 April 4, 1996 Drainage, Hydrology, and Flood Control Planning Anticipated Adverse Environmental Effects No significant increases in downstream stormwater discharge are anticipated with implementation of the project. The certified Final EIR determined that potentially significant impacts could be avoided with construction of proposed drainage improvements. Without proper implementation of these proposed improvements, however, impacts were considered potentially significant; therefore mitigation measures implementing the schematic post - development improvement conditions modeled in the hydrology report prepared for the project have been required. Based on a preliminary review of the Gabbert Creek hydrology calculations, geological setting, and landform shape in relation to stormwaters, about ten (10) residential properties (in the northern portion of the proposed tract) were proposed to be situated within areas potentially subject to bank erosion; furthermore, a substantial number of tees, greens, and fairways, along the semi - private golf course route adjacent to this drainage would potentially be exposed to either the direct or indirect effects of flood events. The potential for loss of or damage to some residences in the northern portion of the project and the potential for damage to golf course improvements along the Gabbert Creek drainage were considered significant impacts subject to effective mitigation. Bank protection was also determined to be required to construct the proposed bridge across Gabbert Creek drainage; this bridge is designed to connect Walnut Canyon Road and Grimes Canyon Road by providing a collector street ( "C" Street) that will permit through movements between these two major arterials. Without proper bank protection and flood control planning related to bridge design, significant adverse impacts could occur in the bridge vicinity along the Gabbert Canyon drainage area including: (1) stormwater induced road failures, (2) ponding in the bridge vicinity, and (3) bank scouring which could undermine bank or bridge stability; these impacts were considered potentially significant. Findings The City disclosed in the certified Final EIR for this undertaking the potential for significant adverse environmental effects on local and regional drainage systems and existing flood control improvements. Project modifications that would have reduced the volume and dispersal of pollutants were considered in the Alternatives Analysis. As disclosed in the rationale statement concerning project alternatives in the concluding section of these findings, with the exception of Alternative 5 (Revised Project Design), these alternatives were determined either to be infeasible or not implementable, or, the alternatives considered would not substantially reduce flood control related effects. A number of changes and alterations were required to Statement of Findings -11 April 4, 1996 the design of the flood control system for the project; the applicant has agreed to implement all required mitigation. Therefore, not only has the project been redesigned to avoid adverse effects, mitigation measures have also been required to offset any residual effects related to incomplete mitigation or inability to redesign the project completely to eliminate impacts. Therefore, the applicable finding is that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the certified Final ETR (CEQA Section 15091 (a)(1)]. Rationale The applicant had not proposed an urban runoff mitigation program and therefore as planned, extensive erosion could occur during the initial grading program. In addition, runoff and stormwater quality control measures were needed to be implemented during and after construction to avoid silt and debris transport effects. Additional efforts were also be required to comply with the National Pollutant Discharge System requirements for stormwater. Mitigation measures related to the protection of water quality and proper collection and dispersal of floodwaters has been assured through the requirement to prepare a Master Drainage and Flood Control Improvement Plan and a Bank Protection Plan prior to the initiation of grading activities. The expansion and long term maintenance of a debris basin downstream from the project in Gabbert Creek drainage is required only if the final Master Drainage and Flood Control Improvement Plan does not provide for full on -site mitigation. Biological Resources Anticipated Adverse Environmental Effects Project buildout would result in the direct loss of about 394 acres of Venturan Coastal Sage Scrub, about 40 acres of cactus scrub, 4 acres of Valley Needle Grassland, and modification of about 17 acres of riparian habitat (Alluvial Scrub). These communities all meet the definitions of significant, rare or sensitive habitats. Also, a substantial portion of the land around the perimeter of the residential portion of the project would need to be cleared and modified for fire protection purposes, further diminishing the potential for retaining extant native plant communities. Disturbance associated with clearing and grubbing, grading, and equipment storage and movement would further destroy an undetermined amount of vegetation. Total sensitive native habitat loss resulting from implementation of the project is estimated to be about 450 acres. The adverse effects resulting from destruction of sensitive habitats and plant communities will be very significant. This is particularly the case with the Ventura Coastal Sage Scrub and Valley Needle Grassland habitats which are classified as "very threatened" by the Department of Fish and Game. Development of this Statement of Findings -12 April 4, 1996 project will significantly reduce the remaining stands of Venturan Coastal Sage Scrub; depending on variable estimates of the amount of remaining Ventura Scrub extant in Southern California, development of the project would reduce the remaining total inventory of this type of community in the State by between 5% and 20% (estimates of remaining habitat vary considerably). The lands within the project boundary may represent as much as nearly one fifth of all remaining Ventura Coastal Sage habitat in the state. Therefore, implementation of the project will contribute significantly to the gradual, potentially inevitable, elimination of this type of plant community as an extant, viable habitat. In addition to a direct reduction of vegetation and fauna, the indirect effect of urbanization would have adverse consequences on the surrounding plant communities. Human disturbance such as noise, introduction of domestic animals and /or increased intrusion of domestic plants and animals into undeveloped areas and surrounding parcels with unconverted native habitat would further reduce the value of surrounding land to wildlife. Indirect effects on the habitats adjacent to the project are predicted to occur as a result of project approval. The potential adverse biological effects on surrounding biological resources could potentially include increased and unregulated recreational use of surrounding lands, intrusion of non - native plants and domestic pets into the remaining remnant components of the surrounding natural ecosystem, and the creation of impediments to wildlife dispersal. Disturbance to nearby habitats through increased noise, traffic, lighting, and general human activity are also potentially significant. Construction of the project will result in wildlife mortality. This impact was determined to be an adverse but not significant impact. The extent of animal mortality will not seriously impact the viability of any vertebrate species. Regional animal populations will be sustained despite the mortality of vertebrates associated with construction disturbances. Due to the nearly complete anticipated destruction of extant plant communities and transformation of the environment which will occur with implementation of the project, adverse effects on these special interest species are anticipated to be significant; direct and indirect impacts include temporary dislocation, essential habitat removal, construction mortality, and long term habitat loss and related species displacement. While candidate and special interest species were observed or are expected to occur within the project boundary, with the exception of the Cactus Wren, no presently designated State or Federal threatened or endangered wildlife species were observed or are expected to occur on the site due to the lack of suitable habitat. Findings The City disclosed the potential for environmental effects concerning biological resource impacts and determined that for most of these impacts, feasible and implementable mitigation measures could be Statement of Findings -13 April 4, 1996 identified. Changes or alterations have been required in the Project Description to preserve biological resources (e.g., creation of habitat restoration areas, conservation easement areas, and the use of native plants in the golf course rough areas surrounding fairways) . In addition, the certified Final EIR included a revised project design that incorporated most of the required mitigation measures outlined in the EIR. Subsequently, the Project Description was formally amended and an Addendum to the Certified Final EIR was prepared and a final set of Conditions of Approval were developed to mitigate impacts not offset by project redesign. Therefore, applicable findings are that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the certified Final EIR (CEQA Section 15091 (a )(1)] and specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the certified Final EIR (CEQA Section 15091 (a )(3)] that could have further reduced impacts on biological resources, flora, fauna, and rare and endangered plant and animal sepcies. Rationale Mitigation measures were prepared to address all issues related to the biological significance of the property to be developed. For each impact, corollary mitigation measures were designed which generally reduced impacts to acceptable levels. This mitigation planning included offsetting measures to compensate for (1) the destruction of botanical resources and sensitive habitats, (2) impacts to rare and endangered plant populations, (3) impacts to riparian habitats, (4) indirect effects on and disruption of the ecology of the surrounding open space, (5) construction related vertebrate mortality and impacts to faunal resources, and (6) cumulative loss of habitat, plant communities, and effects on wildlife corridors. In regard to issue 6, mitigation was determined to be incomplete and therefore a Statement of Overriding Considerations was prepared. Noise Anticipated Adverse Environmental Effects Construction noise associated with the project would cause significant annoyance but not long term or severe effects. The potential construction noise impacts of the project would be significant only for several immediately adjacent properties. The topography of the project site and existing community and roadway noise in the area will also tend to further attenuate construction noise. All residential properties within the project boundary would be in conformance with both the Federal and City CNEL 65 dB maximum outdoor noise criteria. Therefore, roadway corridor related noise effects on Statement of Findings -14 April 4, 1996 residential properties within the project boundary would not be significant. The addition of project traffic to regional traffic volumes would not result in any significant noise impact. Findings The City disclosed the potential for environmental effects concerning construction noise and roadway noise in relation to the proposed development. On the basis of these disclosures, mitigation measures were required for construction related noise impacts. The required mitigation would avoid or substantially reduce the significance of construction noise impacts. In addition, the certified Final EIR included a revised project design alternative that incorporated most of the required mitigation measures outlined in the EIR. Subsequently, the Project Description was formally amended and an Addendum to the certified Final EIR was prepared and a final set of Conditions of Approval were developed to mitigate any remaining impacts not offset by project redesign. Therefore, not only has the project been redesigned to avoid adverse effects, mitigation measures have also been required to offset any residual effects related to incomplete mitigation or inability to redesign the project completely to eliminate impacts. Therefore, the applicable finding is that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the certified Final EIR (CEQA Section 15091 (a )(1)]. Rationale The noise impacts of the project were determined to be adverse but non- significant, except during the construction phase, because (1) the design of the project has been revised so the homes within the project will now be oriented away from the major collector street passing through the development and towards a system of small local streets; and (2) the volume of traffic attributable to the project will not cause noticeable increases in street system traffic on the local street system leading to but outside of the project. Finally, construction related mitigation measures have been required which should effectively reduce the construction noise impacts of the project to insignificance. Fire Hazards and Fire Suppression Anticipated Adverse Environmental Effects Presently fuel loads within the project boundary are moderately high. Therefore, overall fire susceptibility within and immediately adjacent to the project was considered a potentially significant problem. Primary fire related risk in the project vicinity would result from a fast burning high intensity chaparral fire. These types of fires are less easily contained and suppressed than fires in oak woodland and grassland areas south of the Moorpark Country Club Estates Project. Property damage and loss of life are more likely in chaparral fires which are characterized by rapid, high intensity burning patterns. Statement of Findings -15 April a, 1996 Therefore, design features were recommended that could be incorporated into the project design to reduce fire risks. Implementation of the proposed project will result in an increased demand for fire protection services. Development of the project will result in the conversion of a predominantly undeveloped area to urbanized land uses. The steep topography and chaparral vegetation located in the project vicinity is highly conducive to wildfires. The conversion of the existing vegetation to golf course will reduce the overall hazard of existing conditions. Based on the proximity of the proposed project to an existing Fire Station and the adequacy of facilities and personnel at other fire stations in the immediate vicinity, no additional fire protection manpower or equipment is warranted to satisfy fire suppression demands associated with the project. Existing personnel and mutual aid agreements can respond to fires that may arise within or pass near the proposed project. Project impacts on fire personnel and facilities were determined to be not significant. Findings The City disclosed in the certified Final EIR for the project the potential for significant adverse environmental effects related to fire hazards and impacts on fire protection services. On the basis of this information, changes to the project design were recommended and these modifications were incorporated into a revised project description. Project modifications that would have reduced the potential for impacts from wildland fires and for effects on local fire service providers were incorporated into the revised project design. Subsequently, the Project Description was formally amended and an Addendum to the certified Final EIR was prepared and a final set of Conditions of Approval were developed to mitigate any remaining impacts not offset by project redesign. Therefore, not only has the project been redesigned to avoid adverse effects, mitigation measures have also been required to offset any residual effects related to incomplete mitigation or inability to redesign the project completely to eliminate impacts. Therefore, the applicable finding is that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the certified Final EIR (CEQA Section 15091 (a )(1)]. Rationale The proposed project internal circulation system has been designed to comply with standards established by the County Fire Prevention Division. The concerns of this agency have been taken into account in designing the collector road system serving the project. Dual access to and from the development both for fire personnel and planned routes of emergency egress for future residents of the development are adequate. No other design modifications are required to meet County Fire Protection Division requirements. Statement of Findings -16 April 4, 1996 Implementation of the proposed project, together with other proposed development within District's service jurisdiction, would affect the ability of the District to provide sufficient fire protection services to the City of Moorpark. The cumulative impacts associated with the development of the project together with other proposed developments in the region will require additional staffing, equipment, and facilities in order to maintain adequate levels of fire protection throughout the City. Through proper design and management of fuel and topography, the impacts on fire suppression services can be minimized. Specific mitigation measures were proposed to address fire potential in the project vicinity; the measures included preparation of a Fire Hazard Reduction Program, incorporation of barriers in the form of streets between wildland areas and vegetation management zones adjacent to homes; incorporation of fuel modification areas into the project landscape plans, and inclusion of related fire - resistant housing design principles. Mitigation measures were also developed for construction related fire hazards. Finally, all plans will be modified prior to approval to conform with fire department standards and specifications. Growth Inducement, Population, Housing and Jobs:Housing Balance Anticipated Adverse Environmental Effects Implementation of the project would establish a precedent for golf course related urban development in otherwise primarily open space and agricultural areas of both the City of Moorpark and the County of Ventura. Therefore, approval of the project could potentially induce similar, substantial growth in adjacent locations in the City or in the unincorporated portions of Ventura County by encouraging applications to change adopted land use policy which could result in significant future growth- inducing impacts. Such additional future development would result in potentially significant impacts on natural resources and the provision of public services. The precedent established by approval of the project may encourage policy modifications for applications that could potentially be submitted in the future to permit development of adjacent lands. The location of existing roads and infrastructure adjacent to the project will create pressure for land use conversions and ancillary facility development on adjacent lands. The present terminus of the unimproved roadways at or near the property boundary minimizes the physical constraints and cost of improving and /or extending such roads to serve the development. The existence of water distribution lines within the property as well as on -site water conveyances will further facilitate the development both of the proposed project and adjacent surrounding lands. The original applicant proposal to extend wastewater treatment and reclaimed water conveyance lines along Grimes Canyon Road would undoubtedly have removed existing impediments to growth along this corridor. Therefore, in accord with recommendations in Alternative 5, the primary infrastructure alignment for the project was modified to Statement of Findings -17 April 4, 1996 provide conveyance up the Gabbert Creek drainage from Los Angeles Avenue. These extensions will also accommodate increases in the density and intensity of development within the adjacent undeveloped and unurbanized agricultural community, a potentially significant impact. Therefore, the excess available fresh and reclaimed water supply and development infrastructure may induce additional growth along the Grimes Canyon corridor or in adjacent areas. This is also a potentially significant growth- inducing impact. Findings The City disclosed in the certified Final EIR for the project the potential for significant adverse environmental effects related to growth inducement, extension of urban services into presently unserved areas, and the conversion of agricultural and openspace lands to hillside residential communities. on the basis of this information, changes to the project design were recommended and these modifications (including placing infrastructure lines outside of major transportation corridors and away from land potentially subject to conversion within the County) were incorporated into a revised project description. Project modifications that would have reduced the potential for impacts from growth inducing extension and line oversizing were incorporated into the revised project design. Subsequently, the Project Description was formally amended and an Addendum to the certified Final EIR was prepared and a final set of Conditions of Approval were developed to mitigate any remaining impacts not offset by project redesign. Therefore, not only has the project been redesigned to avoid adverse effects, mitigation measures have also been required to offset any residual effects related to incomplete mitigation or inability to redesign the project completely to eliminate impacts. Therefore, the applicable finding is that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the certified Final EIR (CEQA Section 15091 (a)(1)]. Rationale Implementation of the proposed project would result in a maximum net increase of 85 new housing units above present General Plan permitted buildout and creation of a recreational - visitor serving clubhouse designed to serve golf course patrons. Using current housing occupancy projections (State factor) applicable to the City of Moorpark, the proposed residential project would provide residential opportunities for a total of about 676 persons. Not all of these occupants would be new City residents; an unknown proportion of future housing purchasers would reside in Moorpark while other purchasers would potentially be relocating to the City from surrounding unincorporated areas or adjacent cities. Statement of Findings -18 April a, 1996 The golf course project will directly generate employment opportunities for approximately 220 people. The proposed project would not modify or remove any policy impediments to growth. Strict adherence to established policies should offset, at least partially, the potential for this type of project either to be imitated by other developers or to achieve approval. The proposed project will contribute to the increasing imbalance between jobs and housing in the City, a trend that will cumulatively result in local air quality degradation and other environmental effects. Growth inducement effects from the short -term construction phase of the project were expected to be less than significant. The effects of the project on employment opportunities would be largely beneficial. The proposed project is not projected (1) to induce housing demand related growth in adjacent cities or in other areas of the County surrounding the City of Moorpark or (2) to generate potential employee immigration to the City. Therefore, the project will not generate substantial adverse effects related to employment generation. Mitigation measures that will assist in assuring that the growth inducing aspects of the project are properly offset included requirements to prevent oversizing of lines by service providers, placement of infrastructure lines in corridors that will minimize the potential for converting adjacent agricultural lands, and installing infrastructure in a manner that will not encourage urbanization of unincorporated areas not slated for urban development. Transportation and Circulation Anticipated Adverse Environmental Effects The project will generate 4,162 daily trips, with 337 A.M. and 391 P.M. peak hour trips at buildout. With the addition of project traffic, all of the study intersections would operate at acceptable levels of service under year 2000 buildout plus project traffic conditions. For both project specific and near term cumulative analysis, project impacts were determined to be insignificant based on required mitigation contributions. Under future conditions, assuming all programmed improvements are constructed as proposed, the addition of project traffic to future volumes will not result in either a project specific or cumulative impact on area intersections. However, due to the high volume of traffic along Walnut Canyon Road (State Route 23), the potential intersection and lane design deficiencies identified in the certified Final EIR at the project access road intersection with Walnut Canyon Road could result in significant traffic safety and turning movement related problems. These design deficiencies were identified as significant impacts requiring redesign, additional engineering, and consultation with Caltrans. In addition, to improve the safety and capacity of the Los Angeles Avenue /Grimes Canyon Road intersection to accommodate project traffic, lane modification and road widening mitigation was required. Statement of Findings -19 April 4, 1996 Findings The City disclosed in the certified Final EIR for the project that there was a potential for significant traffic safety problems along both State Route 118 at Grimes Canyon Road and State Route 23 at the project entrance. On the basis of this information, changes to the project design were recommended and these modifications (including redesigning the location, elevation, and site distance clearance of approach lanes at Walnut Canyon Road and the project entrance and redesign of the State Route 118 /Grimes Canyon Road intersection) were incorporated into a revised project description. Project modifications that would have reduced the potential for impacts related to traffic safety were incorporated into the revised project design. Subsequently, the Project Description was formally amended and an Addendum to the certified Final EIR was prepared and a final set of Conditions of Approval were developed to mitigate any remaining impacts not offset by project redesign. Therefore, not only has the project been redesigned to avoid adverse effects, mitigation measures have also been required to offset any residual effects related to incomplete mitigation or inability to redesign the project completely to eliminate impacts. The applicable finding is that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the certified Final EIR (CEQA Section 15091 (a )(1)]. Rationale The certified Final EIR considered several impact assessment scenarios including evaluating the impacts of project traffic on both existing conditions, near term development, and long term cumulative development anticipated in the Moorpark region. On the basis of this analysis, assuming that the City undertakes a variety of capital improvements over the next ten years, the impacts of the project were determined to be fully mitigated. The project was required to contribute to these capital improvement programs through the payment of Area of Contribution fees and a Citywide Traffic Mitigation Fee. Redesign of the project entrance was accomplished with the intent of producing the most acceptable, safe, intersection configuration achievable without signalization. The project entrance road at State Route 23 will not meet CalTrans signal warrants and this agency is responsible for decision - making regarding signalization and traffic safety along State Highways. The adopted design mitigation plan for this intersection will require the review and approval of Caltrans. Statement of Findings -20 April 4, 1996 Public Services and Private Utilities Anticipated Adverse Environmental Effects The certified Final EIR contains a detailed analysis of the domestic water service facilities that are designed to serve the project. Based on this analysis, domestic water service can satisfactorily be provided to the proposed project. A major infrastructure extension is required to extend sewer service to the proposed project. The growth inducing effects of the required infrastructure extension for water supply, wastewater treatment, and reclaimed water supply were determined to be significant. However, the project would not adversely affect treatment capacity and the projected project wastewater flows can be accommodated without expansion of the treatment facility. Buildout of the project is expected to generate a total of 146 students under full buildout conditions (82 elementary students, 32 middle level students, and 32 high school students. The impacts of additional project specific demands on educational facilities are anticipated to be significant. Development of the proposed project would impact District facilities through the creation of equivalent demand for approximately two additional elementary school classrooms, one middle school classroom, and one high school classroom. Because most existing facilities are near capacity, accommodation of new pupils would require facility planning to accommodate project related growth. Buildout of the proposed project should not otherwise adversely effect educational quality since the payment of mandated mitigation fees would be used to offset project specific effects on educational quality. Regarding police and emergency service concerns, the ratio of officers to population in Moorpark is presently adequate (as described in the certified Final EIR) and the addition of the project population (about 600 persons) will increase service demands. While development of the project is expected to result in increased calls for service, the number or frequency of such calls is difficult to predict. Average emergency response times are within the criterion used by the Moorpark Police to evaluate service adequacy. Solid waste impacts related to implementation of the project would be potentially significant. With implementation of all feasible diversion strategies, this rate could be reduced to 1.2 tons per day or 440 tons per year. Implementation of the proposed project would account for less than 1/2 of 1% of the permitted daily tonnage received at the Simi Valley Landfill. This landfill has sufficient capacity to serve the proposed project. Even without consideration of green waste production related to golf course operations, the project specific and cumulative waste generation would exceed County thresholds. The applicant has not developed a green waste recycling plan for the proposed golf course. Therefore, the impacts of the project would exceed the estimates provided above by an undetermined annual tonnage. Statement of Findings -21 April 4, 1996 The absence of green waste recycling planning for the golf course project is a significant impact requiring mitigation planning. This recycling plan will be incorporated into the requirements for the Integrated Golf Course Management Plan. Implementation of the proposed project will not result in a significant impact on electrical services or facilities, nor will the project adversely effect natural gas services or facilities. Findings The City disclosed in the certified Final EIR for the project that there was a potential for significant impacts on public services and utility providers. The impacts considered included (1) effects on the ability of domestic water service providers to continue to provide service to other users if the project is developed, (2) impacts on the collection, treatment, and reclaiming of wastewater, (3) effects on educational quality and school facilities, impacts on police and emergency services, and effects on solid waste facilities and long term waste disposal planning. On the basis of this information, changes to the project design were recommended and these modifications (including redesigning the homes to incorporate an improved street system and defensible space concepts, incorporation of recycling and waste disposal economizing measures) were incorporated into a revised project description. Subsequently, the Project Description was formally amended and an Addendum to the certified Final EIR was prepared and a final set of Conditions of Approval were developed to mitigate any remaining impacts not offset by project redesign. Therefore, not only has the project been redesigned to avoid adverse effects, mitigation measures have also been required to offset any residual effects related to incomplete mitigation or inability to redesign the project completely to eliminate impacts. Therefore, the applicable finding is that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the certified Final EIR (CEQA Section 15091 {a }(1)]. Rationale Mitigation of impacts to public service providers and utility companies involved both project redesign and the requirement to comply with mitigation measures as Conditions of Approval on the revised project. Mitigation relative to educational facilities will be accomplished through the payment of fees for both the residential units and the proposed recreational /commercial uses. Police and emergency service concerns were mitigated through the requirement to consult with the Moorpark Police Department in the design both of the layout and security content of the homes; the incorporation of defensible space concepts into the project design will be required. Solid Waste impacts will be offset through the creation and implementation of a Solid Waste Mitigation Plan (including a green waste reduction program for the golf Statement of Findings -22 April a, 1996 course which will be incorporated into the Golf Course Management Plan) and the integration of recycling management concepts into the space planning of both residences and recreational structures. Aesthetics, Visual Resources, and Community Design Anticipated Adverse Environmental Effects The potential visual impacts of the proposed project on four primary view corridors were assessed. Impacts associated with landform modifications along several view corridors were determined to be potentially significant. While the loss of open space that would result from implementation of the project would be biologically significant, from an aesthetic standpoint, this impact would be insignificant from the vantage point of the developed portion of the City since the dominantly visible ridgeline along the southern property perimeter will not be visibly modified. Homes situated on five acre or larger properties are present adjacent to the eastern and western perimeters of the proposed project. Therefore, the presence of a substantially different urban design form in the immediate project environment (rural -ranch oriented homes on larger parcels) will create quality of life related incompatibilities between existing and proposed development. The dominant changes that the introduction of the proposed project will introduce to the adjacent rural neighborhoods include: (1) existing very low levels of night lighting in the project area will be modified significantly by the presence of the two proposed neighborhoods within the development; light levels could potentially interfere with current perception of the restful, dark, and silent qualities of the night; (2) ambient noise levels will be increased considerably over current conditions; this change will be related to all types of new noise sources including amplified music, outdoor evening recreation, the sounds of automobiles, trucks, and golf maintenance equipment, vehicle travel along the project collector streets and other sources of nuisance noise. While these noise sources will not exceed significance thresholds, the change in noise levels will be audible and will be perceived generally as nuisance noise by surrounding rural property owners; (3) the existing commanding views of the regional environment will not be modified significantly but the perception of the local environment from existing rural residential neighborhoods will be changed substantially; Statement of Findings -23 April 4, 1996 (4) the rural residential environment will be transformed to reflect a neighborhood rather than ranch aesthetic. The impacts of the proposed project related to transformation of the rural environment were determined to be potentially significant impacts. Immediately surrounding properties will experience some significant change in quality of life related to this transformation. Findings The City disclosed in the certified Final EIR for the project that there was considerable potential for significant impacts on aesthetics and visual resources. The impacts considered include (1) the visibility of the project along public view corridors, (2) modifications to open space perception, (3) the transformation of the rural landscape and quality of life impacts on surrounding properties, (4) community design and urban form, and (5) Hillside Management Ordinance considerations. On the basis of this information, changes to the project design were recommended and these modifications (including redesigning the homes to incorporate an improved street system, creation of an open space buffer area around the development, increasing lot size, elimination of certain proposed lots that were highly visible, and other changes) were incorporated into a revised project description. Subsequently, the Project Description was formally amended and an Addendum to the certified Final EIR was prepared and a final set of Conditions of Approval were developed to mitigate any remaining impacts not offset by project redesign. Therefore, not only has the project been redesigned to avoid adverse effects, mitigation measures have also been required to offset any residual effects related to incomplete mitigation or inability to redesign the project completely to eliminate impacts. Therefore, the applicable finding is that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the certified Final EIR (CEQA Section 15091 (a )(1)]. Rationale The following aspects of the proposed project layout were redesigned to provide a better urban form and community pattern and to reduce aesthetic and visual resource impacts from public view corridors and private homes around the development. Specifically, the following changes were incorporated into the final project design: (1) the location of homes along the northern and eastern perimeter of the project were set back from the ridgelines to protect the viewsheds and quality of life attributes of surrounding lower density residential properties; Statement of Findings -24 April 4, 1996 (2) the eastern neighborhood was reconfigured to provide private streets without exposure to the central collector which is designed to serve as a primary access point to the municipal and semi - private golf courses; (3) the layout of the eastern neighborhood was revised to provide more lot exposure along the adjacent golf course; (4) the street widths, streetscape patterns, lighting, and parkway concept for the project were created to assure a decidedly rural aesthetic. These modifications involved providing for rolled curbs, a narrower street section, low intensity decorative lighting, a parkway street section (rather than a typical subdivision pattern), the use of decorative, rural boundary fencing along streets, and other features; and (5) the streetscape within the western neighborhood was fully landscaped and treated with rural design features typical of the immediate neighborhood. In addition, mitigation measures concerning lighting, fencing, and other aspects of design were incorporated into the Project Description or will be enforced through the amendment and enforcement of Design Guidelines for the project. Cultural Resources Anticinated Adverse Environmental Effects An archival and field survey of the entire property was conducted to determine if the development of the project would impact cultural resources. The survey did not result in the identification of any cultural resources of historic or prehistoric attribution; therefore, cultural resource impacts were predicted to be insignificant. However, the presence of small hard seed plant processing sites, hunting blinds, hunting, gathering or food storage sites and prehistoric shrines cannot be precluded given the level of survey work performed and the transect intervals employed in the survey. Therefore, while no impacts are anticipated based on the information presently available, buried or low density cultural deposits may be encountered during the initial vegetation clearance phase of the project. Findings On the basis of the information contained in the EIR, a determination was made that some impacts to cultural resources could potentially occur during construction. For this reason, construction monitoring during the initial phases of grading was recommended as a Condition of Approval. Statement of Findings -25 April 4, 1996 Therefore, requirements have been placed on the project which should assure that any environmental effects on cultural resources which may result from unanticipated discovery of cultural materials during grading will be mitigated. Therefore, the applicable finding is that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the certified Final EIR (CEQA Section 15091 (a)(1)]. Rationale Cultural resources are sometimes encountered in contexts similar to the proposed project (adjacent to a major riparian system in an area with abundant food resources of relevance to prehistoric communities) during construction activities even if no such resources are encountered during initial reconnaissance of a property. Therefore, mitigation planning has been recommended to assure that any cultural site encountered during grading is properly mitigated in accord with Appendix J of CEQA. Insignificant Effects Findings and Rationale The agricultural potential of the soils within the Moorpark Country Club Estates property are not impressive; soils have been ranked as poor to unsuited for agricultural use by the Soil Conservation Service and the absence of historic records of agricultural use substantiate this finding. A small portion of the property is designated Farmland of Local Importance consistent with the very limited distribution of Garretson loam which is confined to the stream terraces above the Gabbert Creek drainage area. Despite the classification of Locally Important Farmland, the significance of the agriculturally capable soils is very limited. Therefore, based on City land use classifications, the site is not proposed to be retained in agricultural production. Because the property is not in agricultural production and therefore is not a part of the local agricultural economy, State Department of Conservation farmland designations are not applicable. Further, the City has not identified the project site as part of its agricultural resources and has not applied the corresponding land uses classifications and conflicts with agricultural land preservation will not occur if the project is approved. Therefore, based on all of these criteria, the impacts of converting the proposed property to urban and recreational uses will not result in significant effects. Light and Glare related impacts associated with conversion of the property from open space to a developed condition will be mitigated fully through the imposition of lighting restrictions. The applicant has agreed to modify the Project Description to include such restrictions. Statement of Findings -26 April 4, 1996 Alternatives Findings The Certified Final EIR considers six different alternatives to the project as originally designed. The environmentally superior alternative was identified as Alternative 5. This option recommends redesign of the project to improve neighborhood lot patterns, lot orientations, setbacks from surrounding properties, and other design modifications. A relatively detailed study of this alternative is included in the certified Final EIR. Rationale The alternatives evaluated for the Moorpark Country Club Estates Project included the following options: Alternative 1: No Project Alternative 2: 1 Golf Course and 5 Acre Home Sites Alternative 3: 5 Acre Estate Homes and No Golf Course Alternative 4: Rural Neighborhood Plan Alternative 5: Revised Project Design Alternative 6: Alternative Locations for the Project Alternative 1 The "No Project" alternative which must be analyzed under the California Environmental Quality Act (CEQA) was defined to include two options: (1) an alternative which would result in no amendments to the existing plan designations (no new parcel maps and related entitlements) which would prohibit further development on the property and, a more reasonable outcome, (2) buildout under existing General Plan and Zoning designations. The assumption that no development at all will occur within the project boundary is an unlikely outcome. An existing approved five acre subdivision occupies the western portion of the project area at this time and once infrastructure is extended northward along Grimes Canyon Road, these parcels would likely be developed in short order. The primary constraint on the development of this existing subdivision is simply the high cost of completing infrastructure extensions; as developments to the south of the project are implemented and as annexations to the south are incorporated into the City and provided with urban services, the costs of infrastructure development for the property would diminish accordingly. In the case of the proposed project, the No Project Alternative is not equivalent to a no development option with the entire property retained in open space Statement of Findings -27 April 4, 1996 (current conditions). Eventually, the existing parcels in the western portion of the property will develop with residential uses. As infrastructure problems are solved, undoubtedly parcelization of the remainder of the property would occur consistent with or possibly more intense than the present land use designations. Therefore, even with the No Project Alternative, a minimum level of development consistent with existing General Plan and Zoning designations is likely to occur. The No Project Alternative would not result in long term preservation of environmental resources and scenic values within the property. While superior to the project as proposed in the short term, this alternative did not provide planned or dedicated open space and would not, ultimately, serve to preserve the important attributes of the environment in the project boundary nor would this alternative result in a rural neighborhood design that would represent a livable community. Under existing land use designations, the proposed project could be developed with about 131 homes. The likely distribution of such homes would be in five acre parcels which would occupy most of the land within the property boundary. Selected parcels would probably exceed the five acre minimum. The partitioning of the entire property into five acre parcels is not recommended for a variety of reasons (inordinately large number of streets would be required; little if any environmental preservation of contiguous open space; very costly infrastructure extension requirements; more extensive flood control and drainage infrastructure would be installed; water consumption would exceed the proposed project, etc.). Such a designation is over represented in the city's inventory of planned designations while clustered, rural neighborhood designations are under represented. Furthermore, from environmental management, resource conservation, social organization, and infrastructure extension standpoints, rural neighborhood creation and clustering of neighborhoods within the environment provides a more livable community plan than five acre estate ranchette types of housing products. Therefore, under the No Project Alternative that assumes entitlements would eventually be obtained to buildout the property to existing General Plan designations, potential environmental effects would be equivalent to Alternative 3 described below. Because a more resource conserving land use plan can be developed for the property if the General Plan designations were modified to permit clustered rural neighborhood development, the No Project Alternative, while possibly somewhat environmentally superior to the project as proposed, would not result in environmental preservation or enhancement of the basic resource values within the project boundary; further, the existing land use designations would commit a developer to a design that encourages environmental impacts and prevents the creation of clustered rural neighborhoods. From the standpoint of community design, such an alternative is not preferred. Alternative 2: Five Acre Estate Homes and One Golf Course The potential changes in environmental effects associated with this alternative were summarized in the certified Final EIR. The principal site design changes associated with this alternative included: Statement of Findings -28 April 4, 1996 o a much more extensive collector road system would need to be developed to accommodate the more dispersed pattern of the residences; o far more infrastructure needs to be installed to provide the basic water, sewer, and reclaimed water service planned for the project; o the drainage system and related structures would be more complex and more expensive to purchase and install;. o more open space modifications would occur since under this alternative all open space would be committed either to the golf course or would be enclosed within private parcels and conversion of native habitat within these parcels would a very likely outcome; o grading quantities would be more difficult to balance and the elevation of the golf course in relation to the homes would be more topographically separated than with the project as proposed or with other alternatives. From the standpoint of community design and project layout in relation to environmental constraints, this alternative was not recommended. The highly dispersed nature of the development is not conducive to the preservation of hillside values. Unnecessarily meandering, long lengths of street (and related infrastructure) will need to be constructed and two rather than one bridge over the Gabbert Creek drainage area would have been required. Rather than preserving any open space to serve as greenbelts between neighborhoods, the entire internal view shed of the project would be developed with rural and urban uses. The potential land use conflicts between the more compact neighborhood areas along the project collector street (in the eastern and western portions of the project) and the more dispersed five acre parcels in the center of the project would create land use incompatibilities that would, undoubtedly, be reflected in the marketability of the five acre estate homes. As planned, the more expensive homes would be located in the least desirable portion of the development within view of the utility lines crossing the property. For these and other reasons, this alternative was not considered an improvement in community planning compared to the project as proposed or other alternatives. In summary, this alternative would have increased impacts in most categories of significant environmental effect and in several other categories the alternative and the proposed project will result in comparable effects. From the standpoint of urban form, hillside protection, community planning, environmental protection and streetscape design, this alternative was determined to be inferior to the project as proposed. Therefore, adoption of this alternative was not recommended. Statement of Findings -29 April 4, 1996 While this alternative basically addresses many of the development goals set forth by the applicant, if an alternative is to be developed with a single golf course, the entire layout would need to be revised and the five acre lots should either be deleted or consolidated into more compact neighborhoods. Alternative 3: Five Acre Estate Homes and No Golf Course Many of the same critiques of the prior alternative apply as well to this option. However, this alternative is not recommended for serious consideration for the following reasons: (1) Grading quantities would be significantly increased: A schematic representation of a typical five acre layout was developed and illustrated in the certified Final EIR; on the basis of this schematic, virtually the entire property would be subject to grading which would be equal to the proposed project in severity. All of the basic mass grading required for the project would likewise be required for this alternative: the northern ridges would need to be lowered to fill the valley system to the south; an additional ridgeline road would need to be constructed along the southern property ridge, an area not graded in the project as proposed; more extensive grading would be require as well to adjust landforms to provide relatively large building envelopes within each five acre parcel. (2) Road and infrastructure development would be too extensive: A much more extensive road and infrastructure system would need to be developed to implement this design than would be required for the project as proposed or for the environmentally superior options presented in Alternative 5. To accomplish this project, nearly three times the amount of road development would need to be completed and all related necessary infrastructure would also need to be installed within the more elaborate road system. The costs of the infrastructure installation for this alternative would likely preclude development feasibility. (3) Hillside Management ordinance concerns and ridgeline modifications: Compared to all of the other alternatives considered, this option would have resulted in the most substantial impact to ridgelines, hillside terrain, native vegetation, and drainage features. The highly dispersed nature of the site plan prevents the concentration of residential land into neighborhoods surrounded by open space; despite the larger lot size and decreased home to home proximity, the ultimate experience for residents will Statement of Findings -30 April 4, 1996 be one of a more crowded and less spacious environment than the project as proposed (or other alternatives). Given the unique shape of the topography within the property, the design objective of placing homes outside of major ridgeline views can be accomplished only if rural residential neighborhoods were to be created in relatively compact areas. Cross valley noise would also decrease the potential quality of life for individuals residing in a development built to this site plan. With this alternative, homes would undoubtedly be built, or would be proposed to be built, on the entire perimeter of the development. Since other design options exist which preserve dominant ridgelines, serious consideration of this alternative as an alternative to the project was not recommended in the certified Final EIR. In addition to the three basic design and development problems outlined above, this alternative would result in the virtual elimination of all native habitats, placement of homes within and immediately adjacent to the high voltage transmission line corridor on the property, increased noise, light and glare, internal traffic circulation problems, and related environmental degradation. In summary, this alternative would substantially increase impacts in most categories of significant environmental effect compared to the proposed project and other alternatives. This option is basically flawed from the standpoint of land planning and rural neighborhood design. The distribution of five acre parcels over the entire property (to meet either existing or proposed land use densities) was not recommended. From the standpoint of urban form, hillside protection, community planning, environmental protection and streetscape design, this alternative is inferior to all other options. This alternative also does not address any of the development goals set forth by the applicant. Alternative 4: Rural Neighborhood Plan The design objectives for this alternative were to conceive a variation of the project as proposed that would (1) increase the applicant's residential development objectives over requested entitlements, (2) provide for preservation of substantial rare habitat, (3) reduce environmental effects, (4) minimize grading, (5) eliminate the need for some infrastructure extensions, (6) preserve substantial open space, and (7) provide recreation oriented housing opportunities. The basic design strategy for this alternative involved the creation of three residential neighborhoods within the project boundary. These three neighborhoods would be organized around a series of intervening open space buffers where rare plant habitats and open space would be preserved. A central recreational center would be situated in the central neighborhood near the Gabbert Creek drainage. The area primarily devoted to golf courses in the proposed project would be left Statement of Findings -31 April 4, 1996 largely intact as open space. In addition, the following design features characterized this alternative: (1) The existing eastern neighborhood would remain essentially as presently designed except that the development would be situated, to the degree feasible, on approximately the existing grade; mass grading would be minimized. The neighborhood would be tiered to follow the gradually descending contours of the main collector road planned through the project. This design would partition the eastern neighborhood into a series of tiered sub- neighborhoods; cul -de -sacs would be placed along southerly trending ridges that extend out into the open space planned for golf courses in the present design. Exceptional views of the valley systems to the south would be retained and developed as a natural amenity for the property. The water system for the project would need to be redesigned to provide adequate water pressure for this alternative neighborhood design; the redesign may require coordinated water planning with properties to the east where higher elevation landforms are situated. (2) The two golf courses would be eliminated and replaced with open space; as in the previously described alternative, homes would be constructed along landforms extending out into this open space. The elimination of the golf courses would eliminate the need for reclaimed water extensions. The trail system presently planned along the ridge defining the southern perimeter of the development would be redesigned to pass through the valley system where the proposed golf courses were to be located. (3) The western neighborhood would be retained essentially as proposed without modification from the layout provided in the revised environmentally superior alternative described above. (4) To assist in offsetting water and sewer infrastructure extension costs, the number of residential units permitted for the property would be increased; these additional residences would be situated in a central neighborhood which would extend along landforms adjacent to Gabbert Creek drainage (on the eastern terraces above the drainage). (5) The area illustrated as clubhouse and driving range in the site plan would be developed as a central recreational feature for the development. Recreational features could include tennis courts, a swimming pool, driving range and putting greens, and other amenities. Statement of Findings -32 April 4, 1996 (6) Portions of the central neighborhood would be developed with some higher density, more affordable housing stock. The precise increases in density that would be permitted over what currently the applicant requested would have required fiscal analysis. The basic objective of permitting the increase in density over the applicant's requested density would be to enable the development within the property to carry the costs of necessary infrastructure extensions. Despite the density increase that this alternative would generate, most on -site environmental effects would be reduced. Population dependent effects (impacts related to population size such as traffic circulation, school system effects, demands for municipal services, etc.) would exceed the impacts of the project. In summary, from the standpoint of community planning and environmental design, this alternative is superior to the project as proposed. This alternative also represents an improvement in environmental preservation compared to other alternatives considered which includes mass grading for two golf courses. Without golf course development on this property, an increase in density may be warranted to assist in funding required infrastructure extensions. This alternative, however, fails to achieve the applicant's basic objective of providing a substantial recreational amenity in the project design. Alternative 5: Redesign Project (Adopted Alternative) In considering what specific features in the project should be modified or redesigned to achieve better environmental preservation and improved urban design, the consultants identified the following significant problems in the layout of the project as proposed: (1) Reduction in Grading Quantities: The grading quantities proposed in the project (more than 10 million cubic yards) were identified as excessive; by modifying the project layout through the preservation of additional ridgeline areas around the project perimeter, a significant reduction in grading could be achieved. Construction related air quality impacts could be reduced if grading modifications could be achieved; further, aesthetic impacts would be lessened if ridgeline grading and landform cutting were replanned to conform with this Alternative. (2) Reduction in Ridgeline Modifications: To better achieve consistency with the City's recently approved Hillside Management Ordinance and to reduce or eliminate design inconsistency with policies in the City's General Plan governing the preservation of ridgelines, the consultants proposed the creation of a perimeter open space buffer around the northern, Statement of Findings -33 April a, 1996 eastern, and southern perimeter of the project. Given the topography of the property along the western perimeter (along Grimes Canyon Road) , preservation of the ridge system without modification in this area cannot be achieved without virtually eliminating the proposed "western neighborhood" along Grimes Canyon Road. Further, the vicinity of the western ridgeline has already been subdivided into five acre parcels which are distributed over this ridge system. Also, this ridgeline is only visible from the Grimes Canyon Road view corridor and cannot be seen from the remainder of the City. (3) Improved Compatibility With Existing Developments: Another consideration in recommending design modifications for this project was the potential inconsistency of the applicant proposed design with land uses in and around the eastern perimeter of the property. This area contains five, ten, and twenty acre parcels which have been developed into rural estates which are decidedly 'non - urban'; these parcels have been built out with relatively large homes which are non - contiguous. The proposed project as originally conceived would have introduced high density affordable housing and ridgeline homes, distinct urban types of land uses, into an area that is decidedly rural which lacks the density and proximity of residential use characteristic of the project as proposed. To prevent these incompatibilities and to avoid ridgeline disruptions, the consultant proposed redesign of the project to provide a substantial setback from the existing ridgeline around the eastern perimeter of the project where the existing rural neighborhood is situated. The higher density housing planned for the immediate vicinity of this neighborhood was also deleted from the revised project. With the incorporation of these redesign recommendations, aesthetic and visual resource impacts were reduced; noise, night lighting intrusions, and other proximity related impacts which could adversely effect quality of life in the adjacent rural neighborhood were reduced; and, the incompatible housing type and density proposed in the eastern portion of the project was eliminated. (4) Improved Urban Design Features for the Rural Neighborhoods: Three essential urban design modifications were required to improve the design of the project: first, the street design and streetscape plan needed to be revised to accommodate a more rural neighborhood aesthetic; second, the average size of the lots in the development as originally proposed were less than an acre for rural neighborhoods; when the average lot size is increased to approximately an Statement of Findings -34 April 4, 1996 acre, the aesthetics and quality of life within the neighborhood are substantially improved. Such neighborhoods are also better distinguished from more traditional subdivisions, a redesign feature that actually enhances value for both the applicant and future home purchasers; larger lot sizes also support variability in the presentation of homes to the street which further enhances both aesthetics and value. Finally, the layout of the homes as proposed did not maximize exposure to the proposed golf courses. The pattern of homes in the proposed project was also excessively linear with nearly all homes in the proposed eastern neighborhood aligned rather uniformly along the street. This alternative did not involve either a reduction in the number of proposed golf courses or elimination of any proposed housing. The design objective for this alternative was to conceive a variation of the project as proposed that would meet the applicant's objectives while reducing environmental effects and improving the proposed urban design. This alternative was acceptable to the applicant and was, with applicant consent, substituted for the project design originally submitted to the City for consideration. Subsequent refinements included a revised frontage road designed to eliminate residential driveway curb cuts onto "C" Street. This revised project design was considered in an Addendum to the certified Final EIR and revised Conditions of Approval were developed for the project as revised. The improvements to the project aesthetics and community design that were incorporated into this alternative were very significant improvements over the project as proposed. These improvements include a better streetscape and street layout, larger lots which improve quality of life and provide enhance private recreational areas within individual lots; considerably improved lot relations to the proposed golf courses; greater privacy of residence in relation to the street; diminished impacts to the community viewshed and considerable preservation of ridgelines around most of the project. On the issue of design and aesthetics, this alternative was far superior to the project as proposed. In summary, this alternative reduced impacts in most categories of significant environmental effect and in several other categories the original project and the alternative resulted in comparable impacts. Therefore, from the standpoint of urban design, community planning, and environmental impact reduction, the revised project was determined to be superior to the project as proposed. This alternative also basically addressed all of the development goals set forth by the applicant. Therefore, the most environmentally conserving and resource protecting alternative which met the applicant's basic objectives was ultimately defined as the Project for the purposes of CEQA analysis. Statement of Findings -35 April a, 1996 Resolution Number 96- Attachment 5 Bollinger Development Corporation The Moorpark Country Club Estates Project STATEMENT OF OVERRIDING CONSIDERATIONS Legal Requirements The California Environmental Quality Act (CEQA) section 15093 requires the preparation of a Statement of Overriding Considerations when a project is approved for those environmental impacts which will result for which effective and feasible mitigation cannot be developed. The certified Final EIR on the Bollinger Development Corporation Moorpark Country Club Estates Project (Certified on December 20, 1995) identified two environmental effects for which a Statement of Overriding Considerations must be prepared (air quality and biology). In brief, Overriding Considerations are required for all significant adverse impacts which cannot be mitigated or avoided. A significant unmitigable adverse impact is a problem for which the EIR preparers, the City, or the applicant have been unable to find a solution. Thresholds of significance for determining if an environmental effect is adverse or unavoidable are defined in CEQA, City Guidelines implementing CEQA, and in County thresholds and standards related to regional environmental effects for which the County is the Responsible or Trustee Agency (e.g., air quality, water quality). Statement of Overriding Considerations -1 April 4, 1996 Impacts for Which Overriding Considerations are Required Based on the information contained in the Certified Final EIR, significant unavoidable environmental effects requiring a Statement of Overriding Consideration were identified for the following impacts: (1) Construction related air quality effects, including the dispersion of particulate matter resulting from mass grading and the generation of nitrogen oxides, sulfur dioxide, and other ozone precursors from vehicles to be used in this grading program, would generate significant amounts of pollution in the regional airshed. Some of these pollutants (particularly PM10) would be suspended indefinitely in the regional airshed and upper atmosphere. (2) The long term vehicle emissions related to the occupation of residential units to be constructed as a result of project approval and the use and maintenance of golf courses would contribute to a long term decline in the quality of the regional airshed. Even with the imposition of mitigation measures, from a cumulative perspective, the project's effects cannot be successfully be offset; moreover, the long term emissions predicted for the development would exceed air quality thresholds established by the Air Pollution Control District, the regional agency assigned the responsibility for assuring proper management of the airshed. (3) Project buildout would result in the direct loss of about 394 acres of Venturan Coastal Sage Scrub, about 40 acres of cactus scrub, 4 acres of Valley Needle Grassland, and modification of about 17 acres of riparian habitat (Alluvial Scrub). These communities Statement of Overriding Considerations -2 April 4, 1996 all meet the definitions of significant rare or sensitive habitats. Furthermore, a substantial portion of the land around the perimeter of the residential portion of the project would need to be cleared and modified for fire protection purposes, further diminishing the potential for retaining extant native plant communities. Implementation of the project is estimated to impact a total of about 450 acres. The adverse effects resulting from destruction of sensitive habitats and plant communities will be significant. Development of this project will significantly reduce the remaining stands of Venturan Coastal Sage Scrub; depending on variable estimates of the amount of remaining Ventura Scrub extant in Southern California, development of the project would reduce the remaining total inventory of this type of community by between 5% and 20 %. The project may represent as much as nearly one -fifth of all remaining lands in the state of this type of plant community. Therefore, implementation of the project will contribute significantly to the gradual, potentially inevitable, elimination of this type of plant community as an extant, viable habitat. Overriding Considerations are defined as those features of a project that rationalize project approval despite the failure to develop sufficient, feasible environmental mitigation measures. The Overriding Considerations for the Moorpark Estates Project are: (1) The proposed project will permit the construction of two golf courses for the use and enjoyment of the citizens of Moorpark. One of the two course will include assured public play. Statement of Overriding Considerations -3 April 4, 1996 At this time, no golf courses exist within the City and residents must travel considerable distances to avail themselves of this form of recreation. The availability of this type of recreational opportunity within the City will reduce regional air quality impacts by shortening travel times and distances to similar facilities situated outside of the City. (2) The project will involve the dedication of an easement necessary for the creation of a trail system open to the public which will link Grimes Canyon and Walnut Canyon. This multi -use trail system will provide important linkages in the regional trail system serving the City's residents. A dedication of land for public purposes is also planned for Lot 217; these purposes will probably involve (but are not limited to) an equestrian staging area and /or habitat restoration program. (3) An essential collector street linking Grimes Canyon Road and Walnut Canyon Road will be constructed to provide an important link between the northeastern and northwestern portions of the City. (4) This collector road will also provide alternative emergency access alignments for City residents in the project vicinity that are presently unavailable. This connection will improve public safety in the event of major emergencies and disasters. Statement of Overriding Considerations -4 April 4, 1996 (5) The creation of the proposed collector street will enable buildout of an important road system on the City's General Plan Circulation Element, an improvement that will provide improved traffic flow in the northern portion of the City. (6) The project will provide important economic and job formation opportunities for both short term employment in the construction trades and long term employment in the services and maintenance sectors of the local economy. The balance between jobs and the housing in the City reflects a shortage of employment opportunities, particularly for service and maintenance sector employees, and the approval of the project will contribute to a gradual reversal of this trend. (7) The approval of the project will provide a form and type of housing that is unique and currently unavailable in the City and the creative street and neighborhood design of the project provides a model of new approaches to the development of rural residential neighborhoods which have attractive, pedestrian oriented street amenities. (8) The overall economic benefits of the project for the City will involve a source of long term revenue that will enhance the City's General Fund. Fewer methods exist for providing General Fund revenue now than in the past and the provision of an income stream to the City resulting from the anticipated golf course use will make a valuable contribution to funding important capital improvements and services that would otherwise be unavailable to the City's residents. Statement of Overriding Considerations -5 April a, 1996 (9) Comprehensive mitigation measures have been developed for impacts that were identified in the certified Final EIR the project. All physically and technically feasible mitigation measures have been imposed on the project. Statement of Overriding Considerations -6 April 4, 1996 ATTACHMENT 6 RESOLUTION NO.96- EXHIBIT SHOWING REVISED GENERAL PLAN LAND USE DESIGNATIONS (An exhibit is being prepared and will be provided to the City Council prior to the April 10, 1996, meeting) r f; Ilk NO 1 > c".`� i ark a r':�% 1 ✓� �''e, �.:�� I d,� � s ✓ 1 ,. \ 1 r r��K «�v�� •� \ it1+ [ , iii'= �\ r : if�! � r . y- .. � ••e Rj �—� "�� i' .. f +� ��p��b.v -, �.'�s.:�� r �' ,J aa �J•'" w n .'."'y� -.� ei'i�a, . � � '• �. ,�,'�i Ur�'!�y� J � �. r w.6, � � ',, ar •! f - iYr a � !i b✓ tc�f�y� a (� •pP � t i ,.. �j � � � �. �a �� ,� �. S`a: ��r•t w ter.:_ ''i`'y4 NL�,. 1 �' ,%►, � a.',iJ ;; / 1' , 4 ...' _y.�A. �� I�� {'r t�•{i�'.p✓ � �.i .�'i Jifi/ A«F.:Q f r \ TAB' ..%1j'J!w' .'.i: A ;�. ✓.,: ` +.`' 'l1D M y.. -. �.. 'r.�{/�''r' die •n !�! •r -y.r� �u!ia1�Lg 6 •••• SECTIONS Tk Nn Yi r ATTACHMENT 7 MOORPARK COUNTRY CLUB ESTATES VESTING TENTATIVE TRACT NO. 4928 CITY OF MOORPARK 225 LOTS: 216 SINGLE FAMILY DETACHED DWELLINGS UNITS, TWO COLF COURSES MARCH 1996 BEING A SUBOMSION OF LOTS 10. 11, 13, 11, 17, 16 .0 PORTIONS OF LOTS 3, 6, 7, 19. AND 23 OF VALETTE TRACT AS RECORDED IN BOOK PAGE Ai OF MISCELLANEOUS RECORDS, RECOROS OF THE CITY OF MOORPARIK. VENTURA COUNTY, CALIFORNIA THE HAALAND CROUP, INC. BOLLINGER DEVELOPMENT, INC. 351 ROLLING OAKS DRIVE 2820 TOWNSCATE ROAD SUITE 2DO SURE 200 THOUSAND OAKS, CA 91361 WESTLAxE VILUGE. CA 91362 SHEET I OF A TYPICAL RESIDENTIAL PLOTTING 1 STREET SINGLE FAMILY DETACHED NOTE PROJECT CC k R'S FOR DETAILS PRELIMINARY GOLF CARD Q1 WEST COURSE EAST CDURSE HOLE PAR 0 ST. HOLE PAR DIST. 1 4 34o 4 325 2 4 335 2 3 180 3 3 220 3 5 545 4 4 48o 4 4 300 5 3 200 5 3 165 6 5 550 8 4 420 7 5 57o 7 5 565 6 4 32' 8 4 370 9 4 335 9 4 390 OUT 36 3435 OUT 36 3260 10 4 430 IO 4 360 tl S 585 II 5 550 12 4 425 12 4 400 13 4 336 13 3 195 14 3 180 14 4 395 15 5 570 15 5 525 IB 4 350 16 3 150 I7 3 185 17 4 355 15 I N 4 - -3V- 420 � T- IB I N 4 -w 425 13sr- TOTAL 72 8835 TOTAL 72 6615 r PRIVATE STREET DETAILS PRIVATE RESIDENTIAL DRIVE.A s. DRIVEWAY APRONS is 1 _........_. __ L —m ROILED CURE A CUTTER LOT DATA MINIMUM MAXIMUM AVERAGE LOT SIZES 0.23 AC 5.4 AC 0.60 AC (10,000 SF) (235,224 SF)(26,000 SF) PAD SIZES 0.20 AC 1.5 AC 0.35 AC (9,000 SF) (65,340 SF)(15,000 SF) LEGEND —•.- PROPOSED WASTE WATER LINE PROPOSED WATER LINE —.- PROPOSED RECLAIMED WATER LINE —1- -- PROPOSED STORM DRAIN LINE zzzmzzz:. TRAIL AND TRAIL EASEMENT PRIVATE DRIVEWAY FIRE DEPT TURNAROUND EASEMENTS Q1 145' SO CALIF EDISON CO POLE LINE k TOWER, ETC, EASEMENT PER 2427 OR 257 m 65' SO CALIF EDISON CO POLE LINE k TOWER, ETC, EASEMENT PER 3240 OR 247 ® COUNTY OF VENTURA WATER RESERVOIR EASEMENT PER 1983 DOC 93855 COUNTY OF VENTURA SLOPE AND DRAINAGE EASEMENT PER 1983 DOC 93855 I I A A TYPICAL LOT DETAIL �� '� Im ardsaR .RE' " is/ A I �`--7 7 . �PI C'L_.: Im .ArER _ { y STREET Y BUS TURNOUT L -L Amt II I • SeA1W 1" s Y00' � , 1� x ;lap I 1nN 1 I b It EASEMENT FOR STREET EATE � 1 II EI I �I I FI I r i I• �,^� T I ?n f 11! i'i/ — � Ill •I \ - MOORPARK COUNTRY CLUB ESTATES VESTING TENTATIVE TRACT NO. 4928 CITY OF MOORPARK MARCH 1996 NOTES: 1. INTERSECTION DESIGN TO COMPLY WITH APPLICABLE COUNTY ROAD STANDARD PLATES. -4— DETAIL OF GRIMES CANYON ROAD AND STREET "C" - TRACT 4928 anipc mrorw v. AO WALNUT CANYON ROAD - S.R. 23 AT PROJECT ENTRY 12• 13' (1 u 13- j T -19;7 C." 71 f -7 DETAIL OF WALNUT CANYON ROAD (S.R. 23) MOORPARK COUNTRY CLUB AND STREET "C" - TRACT 4928 NOTES: ESTATES 1. ALL PROPOSED IMPROVEMENTS ARE ON WEST SIDE OF CALTRANS RIGHT-OF-WAY WITHIN TRACT 4928 BOUNDARY. VESTING TENTATIVE TRACT NO. 4928 2. IMPROVEMENTS ARE ALL WITHIN RIGHT-OF-WAY FRONTAGE OF TRACT 4928. CITY OF MOORPARK MARCH 1996 CABLE- (TO x DETERMINED) . EIECTFOC: SOUTHERN CAl1PORNA OWN COMPANY 35x9 FOOTHILL DRIVE THOUSAND OAKS, CALIFORNIA 01300 loos) 494 -704 TELEPHONE: PACIFIC BELL x130 WARD AVENUE, ROOM 124 -Sea VALLEY. GAIFORNN 93095 (005) SU3 -0315 GAS: SOUTHERN CALFORNA OAS COMPANY 9400 OAKDALE AVENUE CHATSWORTH, CALIFORNIA 91313 (818)701 -33x1 WATER 8 SEWER: VENtUPA CO. WATER WORKS DdnnK NO. 1 7150 WALNUT CANYON ROAD MOORPARK. CALIFORNIA 93021 (005)504 -4831 ./ r J� RACK" 3 .. is i- Moll We a pMap e.l�il r•r,••4n w •crl. • en •wuAn•nWa. w•ia sewn. w.we •. pw,ur AVOeWUm. �. It Ni - eats P.,fti. l •r„41•� >,_J1 r y,�ll.f•' ° y 1' ''1� +��S � � .��G►R�,._r � 1.��,�4� �htllY!. rj.d�'' r^Not :... 1O'1�-�,,.�. • �'� .y TT � Fai1d F 7�,.� P� is S ,•TC \A. �,, / /� i�1,h NJ� (. !/ �1'S _\ r� ,>ar� �) 'r d`� Il e' t _ _ 1 ,1 �J�1� t I I'1.l1 irk VICINITY MAP TRAR 4\ IlWlpAlroW \ MAMK M \wuTM . TIYR • \4Y •. eYdls•110 r,,,['r•u Nun r � —W • �rrr•-w w` -� •uni• �xw•r iZr,r NOTES: 1. Set Sheets No. 1 - 3 for details on prolect design, golf course, street sections, Infrastructure, park site, existing easements, etc. 2.Tract 4928 -1 to record Initially. Tracts 4928 -2 through 4928 -8 may record Individually or out of sequence depending on unit build -out. I I ocele l" u 300• MOORPARK COUNTRY CLUB ESTATES VESTING TENTATIVE TRACT MAP NO. 4928 CITY OF MOORPARK RECORDATION PHASING MARCH 1996 BEING A SUBDIVISION OF LOTS 10, 11, 13, 14, 17, 18 AND PORTIONS OF LOTS 3, 6, 7, 19, AND 23 OF VALETTE TRACT AS RECORDED IN BOOK _ PAGE 41 OF MISCELLANEOUS RECORDS, RECORDS OF THE CITY OF MOORPARK; VENTURA COUNTY, CALIFORNIA. PREPARED or. PRFPARID FOR THE HAALAND GROUP, INC. BOLLINGER DEVELOPMENT, INC. 351 ROLLING OAKS DRIVE 2820 TOWNSGATE ROAD SUITE 200 SUITE 200 THOUSAND OAKS; CA 91361 WESTUKE VILLAGE, CA 91362 SHEET 4 OF 4 ORDINANCE NO. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING ZONE CHANGE NO. 94 -1, FOR THE MOORPARK COUNTRY CLUB ESTATES PROJECT (APPLICANT: BOLLINGER DEVELOPMENT CORPORATION) WHEREAS, at a duly noticed public hearing on March 6, 1996, a continued public hearing on March 13, 1996, and continued meetings on March 18, 20, 27, and April 3, 1996, the City Council considered the application filed by Bollinger Development Corporation for the Moorpark Country Club Estates Project, consisting of General Plan Amendment No. 94 -1, Zone Change No. 94 -1, Vesting Tentative Tract Map No. 4928, Residential Planned Development (RPD) Permit No. 94 -1, and Conditional Use Permit (CUP) No. 94 -1 for a 655 -acre site located approximately 2,700 feet south of Broadway, with frontage on both Walnut Canyon Road (State Route 23) to the east and Grimes Canyon Road to the west (Assessor Parcel Nos: 500 - 240 -075, 500 - 230 -065, 500 - 230 -125, 500 - 230 -015, 500 - 230 -135, 500 - 230 -095, 500 - 230 -115, 500 - 230 -075, 500 - 260 -015, 500 - 250 -115, 500 - 220 -075, 500 - 430 -015, 500 - 430 -025, 500 - 430 -035, 500 - 430 -045, 500 - 430 -055, 500 - 430 -065, 500 - 430 -075, 500 - 430 -085, 500 - 430 -095, 500 - 440 -015, 500 - 440 -025, 500 - 440 -035, 500 - 440 -045, 500 - 440 -055, 500 - 440 -065, 500 - 440 -075, 500 - 440 -085, 500 - 440 -095, 500 - 440 -105, 500 - 440 -115, 500 - 440 -125, 500 - 440 -135, 500 - 440 -145, 500 - 440 -155, 500 - 440 -165, 500 - 440 -175, 500 - 440 -185); and WHEREAS, the Moorpark Country Club Estates Project is more specifically described as follows: General Plan Amendment No. 94 -1 1) Revision of the General Plan Land Use Designation from Rural Low (1 Dwelling Unit per 5 Acres) to Medium Low (2 Dwelling Units per Acre) for a 132.5 -acre area comprised of residential Lots 1 through 216 (totaling 121.4 acres) and Private Roads H through N and Associated landscaping area (Lots A, B, and C, totaling 11.1 acres), to Open Space 2 for a 496.8 -acre area comprised of golf course Lots 217 through 220, and to Public /Institutional for water reservoir and water well Lots 221 through 225 (all lot and street references are consistent with Vesting Tentative Map No.4928 and public street right of way is not included in determining the residential land use designation); and 2) Revision of General Plan Land Use Element Policy No. 11.2 to read as follows: When new residential development is proposed adjacent to existing agricultural uses, a 200 -foot minimum setback shall be provided, to minimize compatibility conflicts, unless a determination is made by the City Council that the elevation difference between the agricultural and residential properties justifies a 100 -foot minimum setback; Zone Change No. 94 -1 - Requires adoption of an ordinance to revise the project site zoning from Rural Exclusive 5 Acre to RPD -1.63 Dwelling Units per Acre for a 132.5 -acre area comprised of residential Lots 1 through 216 (totaling 121.4 acres) and Private Roads H through N and associated landscaping area (Lots A, B, and C totaling 11.1 acres), to Open Space -6.4 Acres for Lot 217, to Open Space -176 Acres for east golf course Lot 218, to Open Space -314.4 Acres for west golf course Lots 219 and 220, and to Institutional for well and reservoir Lots 221 through 225 (all lot and street references are consistent with Vesting Tentative Map No.4928 and 415196 Ordinance No. _ Page 2 public street right of way is not included in determining the residential zoning density and open space acreage); Vesting Tentative Map No. 4928 - Subdivision of the project site into 216 residential lots (1 through 216), four (4) golf course lots (217 through 220), three (3) Public /Institutional lots (221 through 225) for the well and reservoir sites; the creation of three (3) lots (A through C) for private road and landscape area purposes (to be shown on Final Map); and the irrevocable dedication of public street right of way, a 20 -foot easement for trail purposes, and Lot 217 for public purposes; Residential Planned Development Permit No. 94 -1 - Required for residential Lots 1 though 216 and establishes development standards and conditions of approval for the residential component of the Project; Conditional Use Permit No. 94 -1 - Required for golf course Lots 217 through 220 and establishes development standards and conditions of approval for the golf course component of the Project, consisting of two 18 -hole golf courses and related facilities including driving range and clubhouses, pro -shop, banquet facilities, bar, snack -bar, golf cart storage and maintenance buildings; and WHEREAS, the City Council on December 20, 1995, adopted Resolution No. 95- 1167, certifying the Final Environmental Impact Report for the Moorpark Country Club Estates Project as having been completed in accordance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City's CEQA Procedures; and WHEREAS, the project was subsequently revised to further minimize significant environmental impacts and an Addendum to the Final Environmental Impact Report has been approved that describes the revised project; and WHEREAS, at a duly noticed public hearing held on December 19, 1995, continued public hearings on January 22, and 29, 1996, and a continued meeting on February 7, 1996, the Planning Commission considered the application filed by Bollinger Development Corporation, received and considered public testimony from all those wishing to testify, closed the public hearing for the project on January 29, 1996, and adopted a resolution recommending approval of the zone change on February 7, 1996; and WHEREAS, the City Council after review and consideration of the information contained in Planning Commission Resolution No. 96 -318, staff reports, Final Environmental Impact Report (EIR), Addendum to Final EIR, Mitigation Monitoring Program, Environmental Impact Report Findings, Statement of Overriding Considerations, and public and staff testimony, reached its decision on the matter on April 10, 1996; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Pursuant to the provisions of CEQA (Division 13 of the Public Resource Code of the State of California), the State CEQA Guidelines, and the City's CEQA Procedures, the City Council of the City of Moorpark previously adopted Resolution No.95 -1167, certifying the Final EIR, and Resolution No. 96- approving an Addendum to the Final EIR, Mitigation Monitoring Program, Findings, and a Statement of Overriding Considerations, for the Moorpark Country Club Estates Project. 4/5/96 Ordinance No. _ Page 3 SECTION 2. The City Council hereby finds that the proposed zone change is in conformance with the City General Plan and City Municipal Code, including Title 17, Zoning. SECTION 3. The City Council hereby finds that the approval of this zone change request is in accord with public necessity, convenience, general welfare, and good zoning practice and that for these reasons it is appropriate and necessary to reclassify the property. SECTION 5. The City Council hereby approves the zone change from RE -5 Acre to RPD -1.63 Dwelling Units per Acre for a 132.5 -acre area comprised of residential Lots 1 through 216 (totaling 121.4 acres) and Private Roads H through N and associated landscaping area (Lots A, B, and C of Vesting Map No. 4928 totaling 11.1 acres), to Open Space 6.4 -Acres for Lot 217, to Open Space -176 Acres for east golf course Lot 218, to Open Space 314.4 -Acres for west golf course Lots 219 and 220, and to Institutional for well and reservoir Lots 221 through 225, consistent with Attachment 1 (Exhibit Showing Zone Change No. 94 -1). SECTION 6. The City Council hereby directs staff to amend the City Zoning Map to reflect the approved zone change. SECTION 7. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION B. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 9. The city clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark Star, a daily newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. PASSED AND ADOPTED this day of , 1996. ATTEST: Lillian E. Hare City Clerk Paul W. Lawrason Jr., Mayor Attachment 1: Exhibit Showing Zone Change No. 94 -1 415196 ATTACHMENT 1 ORDINANCE NO. EXHIBIT SHOWING ZONE CHANGE NO. 94 -1 (An exhibit is being prepared and will be provided to the City Council prior to the April 10, 1996, meeting) CITY OF MOORPARK l �d OFFICE OF THE CITY MANAGER f INTEROFFICE MEMORANDUM y TO: The Honorable City Council FROM: Steven Kueny, City Manager1,, DATE: April 5, 1996 SUBJECT: Proposed Bollinger Development Agreement Enclosed is the most recent draft of the proposed Development Agreement (Agreement). This copy is available to the public. The City Attorney informed me on April 4, 1996, that unless Bollinger closes escrow on the properties covered by the entitlements and the Agreement within ten (10) days of Council's approval of the Agreement, it must be signed by the current property owners (Trustee for West Oaks #27 and LDS Church), or alternatively the owners can provide Mr. Bollinger with an appropriate power of attorney. Depending on which option is selected, some of the language in the Agreement related to timing, reconveyance, the Note and Deeds of Trust may change. I will know more about this on Monday. SK :db Enclosure cc: Cheryl Kane, City Attorney (with enclosure - -via FAX) Richard Hare, Deputy City Manager (with enclosure) Lillian Hare, City Clerk (with enclosure) NOTE: Mr. Bollinger received only a copy of the Agreement. c: \docs \wpwin \citymgr \bolagr4.596 Recording Requested By and When Recorded Return to: CITY CLERK CITY OF MOORPARK 799 Moorpark Avenue Moorpark, California 93021 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code § 6103 DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MOORPARK AND BOLLINGER DEVELOPMENT INCORPORATED THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO THE REQUIREMENTS OF GOVERNMENT CODE §65868.5 LAX2:1450:5.7 x DEVELOPMENT AGREEMENT This Development Agreement ( "Agreement ") is made this day of , 1996, by and between the CITY OF MOORPARK, a municipal corporation, ( "City") and BOLLINGER DEVELOPMENT INCORPORATED, a California corporation, ( "Developer "). In consideration of the mutual covenants and agreements contained in this Agreement, City and Developer agree as follows: 1. Recitals. This Agreement is made with respect to the following facts and for the following purposes, each of which is acknowledged as true and correct by the parties: A. Pursuant to Government Code Section 65864 gt sea. and Ordinance No. 59 of City, City is authorized to enter into binding contractual agreements with any person having legal or equitable interest in real property for the development of such property in order to establish certainty in the development process. B. Developer is in escrow to purchase in fee simple certain real property in the City of Moorpark known as Moorpark Country Club Estates (the "Property ") as more specifically described by the legal description set forth in Exhibit A, which exhibit is attached hereto and incorporated herein by this reference. C. Developer has received approval of the following land use entitlements from City for the development of the Property: General Plan Amendment No. 94 -1, Zone Change No. 94 -1, Vesting Tentative Tract Map (VTTM) No. 4928, Residential Planned Development Permit (RPD) No. 94 -1 and Conditional Use Permit (CUP) No. 94 -1. Implementation of these land use entitlements is subject to a mitigation monitoring program that was approved by City on the date first above written (the Mitigation Monitoring Program). Collectively, the land use entitlements and the Mitigation Monitoring Program are referred to herein as the Project Approvals. The Project Approvals provide a comprehensive plan for the development of the Property. That development is referred to herein as the Project. D. By this Agreement, City desires to obtain the binding agreement of Developer to develop the Property in accordance with this Agreement and the Project Approvals. In consideration thereof, City agrees to limit the future exercise of certain of its governmental and proprietary power-5-to the extend specified in this Agreement. E. By this Agreement, Developer desires to obtain the binding agreement of City to permit the development of the Property LAX2:145015.7 1 in accordance with this Agreement and the Project Approvals. In consideration thereof, Developer agrees to waive its rights to legally challenge the limitations and exactions imposed upon the development of the Property pursuant to the Project Approvals and to provide the public benefits specified in this Agreement. F. City and Developer each acknowledges and agrees that the consideration that is to be exchanged pursuant to this Agreement is fair, just and reasonable. The parties further acknowledge and agree that this Agreement is consistent with the General Plan of City as amended by General Plan Amendment No. 94 -1. G. On March 4, 1966, the Planning Commission of City held a duly noticed public hearing on this Agreement and recommended approval of the same. H. On March 20, 1996, the City Council of City (the "City Council ") held a duly noticed public hearing on this Agree- ment, which hearing was continued to March 27, 1996, April 3, 1996 and April 10, 1996 and by Ordinance No. (the "Enabling Ordinance ") approved the same. 2. Binding Effect. The burdens of this Agreement are binding upon, 'and the benefits of the Agreement inure to the benefit of, the parties and their successors in interest and constitute covenants which run with the Property. Whenever the terms "City" and "Developer" are used herein, such terms shall include any successors in interest to the parties. 3. Development of the roperty. The following provisions shall govern the subdivision, development and use of the Property: (a) permitted Uses. The permitted and conditionally permitted uses of the Property shall be limited to those that are allowed by the Project Approvals. (b) Development Standards, All design and development standards, including but not limited to density or intensity of use, maximum height and size of buildings, that are applicable to the Property are set forth in (I) the Project Approvals, (ii) Title 17 (Zoning) of the Moorpark Municipal Code as the same exits on the date first above written, and (iii) Section 5 hereof. (c) Reservations and Dedications. All reservations and dedications of land for public purposes that are applicable to the Property are set forth in (I) the Project.- - Approvals and (ii) Section 6. (d) Modification and Extension of Certain roject Approvals. Throughout the term of this Agreement, Developer LAX2:145015.7 2 shall have the right, at its election and without risk to any right that is vested in it pursuant to this Agreement, to apply to City for minor modifications to RPD No. 94 -1 and CUP No. 94 -1. The approval or conditional approval of any such minor modification shall not require an amendment to this Agreement, provided that, in addition to any other findings that may be required in order to approve or conditionally approve the modification, a finding is made that the modification is consistent with this Agreement. It is understood by the parties that RPD No. 94 -1 and CUP No. 94 -1 may not remain valid for the term of this Agreement. Accordingly, throughout the term of this Agreement, Developer shall have the right, at its election, to apply for a new permit tq replace the permit that has expired or is about to expire. 4. Schedule of Development. The Golf Course Commencement Date of each of the two golf courses permitted by CUP No. 94 -1 shall be not later than May 1, 1998. Golf Course Commencement Date means the date that Developer completed the construction of at least one golf course and that golf course is open for public play or is used for promotional or tournament play. Developer shall complete the construction of the residential units permitted by RPD No. 94 -1 within fifteen (15) years. 5. Vesting of Development Rights. All construction on the Property shall adhere to the Uniform Building Code, including the Fire Resistive Design Manual, National Electrical Code, Uniform Plumbing Code, Uniform Mechanical Code, Uniform Housing Code, Uniform Code for the Abatement of Dangerous Buildings, Uniform Code for Building Conservation and Uniform Administrative Code (Building Codes) most recently adopted by City and in effect at the time a plan check or permit is required. The design of all residential and accessory structures shall be consistent with the Final Architectural Design Guidelines (Design Guidelines) approved by the City's Director of Community Development as required by Condition No. 20 of RPD No. 94 -1. Any item not addressed in the Design Guidelines shall be governed by the applicable provisions of the Moorpark Municipal Code or other City ordinance, rule, regulation, or policy as most recently adopted by City and in effect at the time that Developer's submittal is received by City. Any minor modification to, or time extension of, a Project Approval and any application for a new Project Approval shall be on the basis of the ordinances, rules, regulations, and policies as most recently adopted by City and in effect at the time LAX2:145015.7 3 the request for the minor modification, extension or new Project Approval is received by City. The following shall be prepared consistent with the ordinances, rules, regulations, and policies as most recently adopted by City or other applicable agency and in effect at the time they are submitted to City for review and approval: Integrated Golf Course Management Plan (Condition Nos. 56 and 57 of CUP No. 94 -1); Erosion and Sediment Control Plan (Condition Nos. 88 -90 of VTTM No. 4928); Master Drainage and Flood Control Improvement Plan (FLIP) (Condition Nos. 92, 93 and 94 of VTTM No. 4928); and Bank Protection Plan (BPP) (Condition Nos. 95 and 96 of VTTM No. 4928). (a) (1) Developer shall make fifteen (15) Annual Payments to the City 'of Two Hundred Thousand Dollars and No Cents ($200,000.00) each. Each Annual Payment shall be made on the anniversary of the Golf Course Commencement Date with the first payment to be made on the third anniversary and the last payment to be made on the seventeenth anniversary of the Golf Course Commencement Date. (a) (2) Developer shall pay to City One' Million, Five Hundred Thousand Dollars and No Cents ($1,500,000.00) on the fifth anniversary of the Golf Course Commencement Date. (a) (3) Developer shall pay to City Five Hundred Thousand Dollars and No Cents ($500,000.00) on the tenth anniversary of the Golf Course Commencement Date. (a)(4) The terms and conditions for the payments required by Subparagraphs (a)(1), (a)(2), and (a) (3) above shall be those contained in a promissory note in the form of Exhibit B (the Promissory Note), which shall be secured by a deed of trust and rider in the form of Exhibit C (the Deed of Trust), both of which are attached to this Agreement and by this reference are incorporated herein. Developer shall execute the Promissory Note and Deed of Trust and shallcause the Deed of Trust to be recorded immediately after it takes fee title to the Property and, at that time, the Deed of Trust shall be second only to the -deed of trust described in Paragraph 1.1 A. of the Deed of Trust rider. City LAx2:145015.7 4 shall, upon request by Developer, execute any documents needed to subordinate the Deed of Trust to deeds of trust securing subsequent loans on the terms and conditions set forth in the Deed of Trust rider. (a) (5) Developer acknowledges that City may, at its option, record a request for notice under Civil Code Section 2924b in accordance with the provisions thereof. (b) Both of the golf courses permitted by CUP No. 94 -1 shall be open to the public to play without the requirement for membership during all hours of operation. Twelve (12) hours in the afternoon (12:00 noon to sunset) each week shall be available at discounted rates for City and school recreational /educational programs on both golf courses. Discounted rates shall be offered to seniors and students residing in the City of Moorpark. The discounted rates shall be determined by Developer and the eligible programs shall be determined by City. (c) Developer shall cause the clubhouse and related facilities permitted by CUP No. 94 -1 to be available to the public for rent. City shall be granted one free rental, except for Developer's out -of- pocket expenses, each year for a City sponsored activity. The date and number of hours shall be by mutual agreement. (d) Developer shall extend the reclaimed waterline to serve the medians and parkways for C Street and any other publicly maintained or common landscaped areas. Developer shall install the extended reclaimed waterline not later than the opening of the first golf course to the public. (e) Developer shall grant, in a form acceptable to City, an irrevocable offer of easement dedication for the equestrian trails as shown on VTTM No. 4928. (f) Developer shall grant, in a form acceptable to City, a conservation easement to retain Lots 216, 217, 218, 219, 220, 221, 222, 223, 224, 225 as designated pursuant to VTTM No. 4928 in a predominantly open space condition consistent with Civil Code Section 815 gt sea., except for purpose as follows: Lot 217 Approximately 2.2 acres for native habitat restoration and the balance of the Lot for a trail staging area and other public open space purposes. Lot 218 Lots 219 & 220 East golf course West golf course LAX2:145015.7 5 Lots 221 222 & 223 Water well sites Lots 224 & 225 Water reservoir sites Lot 216 The building pad for one residential dwelling unit not to exceed one and one - half (1 Z) acres. The conservation easement over all but Lot 216 shall be recorded concurrently with the recordation of Phase 1 of the final subdivision map for Vesting Tract Map No. 4928. The conservation easement over Lot 216 shall be recorded concurrently with the recordation of Phase 6 of the Final Map for VTTM No. 4 -928. (g) Developer shall grant City an irrevocable offer of dedication of. Lot. 217 as designated pursuant to VTTM No. 4928 to be used for public purposes to be determined in City's sole discretion, except such portion as is needed by Developer to meet the obligations of the Mitigation Monitoring Program. (h) Prior to issuance of a zone clearance for the building permit for the clubhouse permitted by CUP No. 94 -1, Developer shall pay to City an amount equal to Twenty Five Cents ($.25) per square foot of clubhouse building area to fund park improvements. (i) The Air Quality Mitigation Fee shall be paid by Developer in the amount and at the time stated in conditions of the Project Approvals. 7. City Agreements. (a) The Project shall be exempt from the provisions of Chapter 17.38 (Hillside Management) of the Moorpark Municipal Code. (b) The Project shall be exempt from any growth management ordinance that is adopted by the City Council or by initiative of the electorate. (c) If requested in writing by Developer and limited to City's legal authority, City shall proceed to acquire, at Developer's sole cost and expense, easements or fee title to land in which Developer, does not have title or interest in order to allow construction of public improvements required of Developer which are outside City's legal boundaries. The process shall generally follow Government Code Section 66457 et_sea. and shall include the obligation of Developer to enter into an agreement with City, guaranteed by cash deposits and other security as the City may require, to pay all City costs including but not limited to, acquisition of the interest, attorney fees, appraisal fees, LAX2:145015.7 6 engineering fees, and City overhead expenses of fifteen percent (15 %) on all out -of- pocket costs and City staff costs. (d) Whenever possible, City shall process plan checking for the Project in an expedited manner. (e) The City Manager is authorized to sign an early grading agreement on behalf of City to allow rough grading of the Project prior to City Council approval of the final subdivision map for Vesting Tract No. 4928. Said early grading agreement shall be consistent with the conditions of the Project Approval. (f) The fees for the Los Angeles Avenue Area of Contribution and the Casey Road /Gabbert Road Area of Contribution, collectively referred to as AOC fees, shall not be required to be paid by Developer until the time of issuance of a zone clearance for the first building permit for each of the 216 residential lots in the Project. The AOC fees shall be the dollar amount in effect at the time of issuance of the aforementioned zone clearance. The AOC fees for both of the golf courses permitted by CUP No. 94 -1 shall be paid at the time of first occupancy of either golf course and 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 first occupancy of either golf course. (g) 'The Citywide Traffic Mitigation Fee shall not be required to be paid by Developer until prior to issuance of a zone clearance for the first building permit for each of the 216 residential lots in the Project. The fee is $3,000.00 per lot. The fee shall be adjusted annually (commencing one year after approval of VTTM No. 4928) by any increase in the Consumer Price Index (CPI) until paid in full. 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. For the golf course, the Citywide Traffic Mitigation Fee shall be paid prior to first occupancy of either golf course. The fee shall be $154,224.00. The fee amount shall be adjusted annually pursuant to the language above commencing one year after approval of CUP No. 94 -1. (h) Except for the fees in lieu of park dedication, all development fees controlled by City for the 216 residential lots in the Project shall not be required to be paid by Developer until the time of issuance of zone clearance for the first building permit for each lot, unless the fee is otherwise due at.._a later time. Development fees 'shall not include fees for plan checking, permits, processing and other services. Park in lieu fees for each phase of the final subdivision map for Vesting Tract No. 4928 containing LM2:145015.7 7 residential lots shall be payable at the time final map approval is requested for each phase of the map. 8. Supersession of Agreement by Change of Law. In the event that any state or federal law or regulation enacted after this Agreement becomes effective prevents or precludes compliance with any provision of the Agreement, such provision shall be deemed modified or suspended to comply with such state or federal law or regulation, as reasonably determined necessary by City. In order to ascertain compliance by Developer with the provisions of this Agreement, the Agreement shall be reviewed annually in accordance with Ordinance No. 59 of City or any successor thereof then in effect. The failure of City to conduct any such annual review shall not in any manner constitute a default by City hereunder, diminish, impede, or abrogate the obligations of Developer hereunder or render this Agreement invalid or void. �- - � - ..- Each of the following events shall be deemed a material breach of Developer's obligations under this Agreement: (a) Developer practices, or attempts to practice, any fraud or deceit upon City. (b) Developer becomes insolvent or proceedings in bankruptcy are instituted by or against Developer, or Developer is adjudged bankrupt or insolvent by any court, or a receiver or trustee in bankruptcy or a receiver of the Property is appointed in any suit or proceeding brought by or against Developer, or Developer makes an assignment for the benefit .of creditors, and during the pendency of aforementioned proceeding Developer fails to maintain two golf courses open to the public as required by this Agreement. (c) Developer willfully violates any orders or rulings of any regulatory body having jurisdiction over Developer relative to the Project, provided that Developer may contest any such orders or rulings by appropriate proceedings conducted in good faith, in which case no breach of this Agreement shall be deemed to have occurred unless and until there is a final adjudication adverse to Developer. (d) Developer fails to make any payments required under this Agreement. (e) Developer materially breaches any of the other terms, conditions or requirements of the Agreement and the same is not corrected or remedied within the time set in a LAX2:145015.7 8 written notice of the violation from City to Developer, provided that if Developer cannot reasonably correct or remedy the breach within the time set forth in such notice, Developer fails to commence to correct or remedy such violation within the time set forth in such notice and diligently effect such correction or remedy thereafter. 11. Mortgage Protection. Whenever City delivers any notice to Developer with respect to any default by Developer, City shall at the same time deliver to each holder of record of any deed of trust on the Property (the "Financier ") a copy of such notice, provided that the Financier has given prior written notice of its name and address to City and the notice makes specific reference to this section. Each Financier that has given prior notice to City pursuant to this section shall have the right, at its option and insofar as the rights of City are concerned, to cure any such default within fifteen (15 ) days after the receipt of the notice from City. If such default cannot be cured within such time period, the Financier shall have such additional period as may be reasonably required to cure the same, provided that the Financier delivers written notice to City of its intention to cure and commences the cure within fifteen (15) days after receipt of the notice from City and thereafter diligently prosecutes the same to completion. The City shall not terminate this Agreement by reason of Developer's default without allowing the Financier to cure the same as specified herein. Notwithstanding any cure by Financier, this Agreement shall be binding and effective against the Financier and any owner of the Property, or any part thereof, whose title thereto is acquired by foreclosure, trustee sale or otherwise. 12. Estoppel Certificate. Either party may, at any time and from time to time, deliver written notice to the other party requesting that such party certify in writing that, to the knowledge of the certifying party, (I) this Agreement is in full force and effect and a binding obligation of the parties, (ii) this Agreement has not been amended, or if amended, the identify of each amendment, and (iii) the requesting party is not in default under this Agreement, or if in default, a description of each such default. The party receiving a request hereunder shall execute and return such certificate within thirty (30) days following the receipt thereof. City acknowledges that a certificate hereunder may be relied upon by successors in interest to Developer and holders of record of deeds of trust on the Property. 13. Administration of Agreement. All decisions by City staff concerning the interpretation and administration of this Agreement and development of the Property in accordance herewith are appealable by Developer to the City Council, provided that any LAc2:145015.7 9 such appeal shall be filed with the City Clerk of City within ten (10) days after Developer is notified of the staff decision. The City Council shall render its decision to affirm, reverse or modify the staff decision within thirty (30) days after the appeal was filed. Developer shall not seek judicial review of any staff decision without first having exhausted its remedies pursuant to this section. 14. Amendment or Termination by Mutual Consent. In accordance with the provisions of Ordinance No. 59 of City or any successor thereof then in effect, this Agreement may be amended or terminated, in whole or in part, by mutual consent of City and Developer. 15. Indemnification. Developer shall indemnify, defend with counsel approved by City, and hold harmless City and its officers, employees and agents from and against any and all losses, liabilities, fines, penalties, costs, claims, demands, damages, injuries or judgments arising out of, or resulting in any way from, Developer's performance pursuant to this Agreement. 16. Time of Essence. Time is of the essence for each provision of this Agreement of which time is an element. 17. Term. This Agreement shall become effective on the date that the Enabling Ordinance becomes effective pursuant to Government Code Section 36937 and shall remain in effect (I) for twenty (20) years or (ii) until Developer has completed the construction of the Project and has paid the Promissory Note in full, whichever of the two events occurs first. The expiration of this Agreement shall not affect any right or duty arising independently from any Project Approval that is approved by City concurrently with, or subsequent to, the adoption of the Enabling Ordinance. Upon the expiration of this Agreement, City and Developer agree to cooperate and execute any document reasonably requested by the other party to remove this Agreement from the public records as to the Property, or any portion thereof, to the extent permitted by applicable laws. LAX2: iasois.7 10 18. Notices. All notices given pursuant to this Agreement shall be in writing and shall be effective when personally delivered or upon the third (3rd) day after deposit in the United States mail, registered or certified, postage prepaid, return receipt requested, to the party at the address indicated below: To City: City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attn. City Manager To Developer: Bollinger Development Incorporated 2820 Townsgate Road, Suite 200 Westlake Village, CA 91361 -3000 Attn. Paul A. Bollinger Either party may, from time to time, by written notice to the other, designate a different address which shall be substituted for the one above specified. 19. Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof, and all prior agreements or understandings, oral or written, are hereby merged herein. This Agreement shall not be amended, except as expressly provided herein. 20. Waiver. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, whether or not similar; nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless it is executed in writing by a duly authorized representative of the party against whom enforcement of the waiver is sought. 21. Severability. If any provision of this Agreement is determined by 'a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. 22. Relationship of the Parties. The parties acknowledge that, in entering into and performing under this Agreement, each is acting as an independent entity and not as an agent of the other in any respect. Nothing contained herein or in any document executed in connection herewith shall be construed as creating the relationship of partners, joint venturers or any other association of any kind or nature between City and Developer. LAX2:145015.7 11 23. Constructive Notice and Acceptance. Every person who, now or hereafter, owns or acquires any right, title or interest in or to any portion of the Property is, and shall be, conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Property. 24. No Third Party Beneficiaries. This Agreement is made and entered into for the sole benefit of the parties and their successors in interest. No other person shall have any right of action based upon any provision of this Agreement. 25. Recordation Agreement. This Agreement and any amendment or termination thereof shall be recorded in the official records of the County of Ventura by the City Clerk of City within the period required by Ordinance 59 of City or any successor thereof then in effect. 26. Cooperation Between the Parties. Each party shall execute and deliver to the other all such other and further instruments and documents as may be necessary to carry out the purposes of this Agreement. 27. Rules of Construction. The captions and headings of the various sections and subsections of this Agreement are for convenience of reference only, and they shall not constitute a part of this Agreement for any other purpose or affect the interpretation of the Agreement. Should any provision of this Agreement be found to be in conflict with any provision of the Project Approvals, the provision of this Agreement shall prevail. Should any provision of the Promissory Note be found to be in conflict with any provision of this Agreement, the provision of the Promissory Note shall prevail. 28. Joint Preparation. This Agreement shall be deemed to have been prepared jointly and equally by the parties, and it shall not be construed against either party on the ground that the party prepared the Agreement or caused it to be prepared. 29. Governing Law and Venue. This Agreement is made, entered into, and executed in the County of Ventura, California, and the laws of the State of California shall govern its interpretation and enforcement. Any action, suit or proceeding related to, or arising from, this Agreement shall be filed in the appropriate court having jurisdiction in the County of Ventura. 30. Attorneys' Fees. In the event any action, suit or proceeding is brought for the enforcement or declaration of any right or obligation pursuant to, or as a result of any alleged breach of, this Agreement, the prevailing party shall be entitled LAX2:145015.7 12 to its reasonable attorneys' fees and litigation expenses and costs, and any judgment, order or decree rendered in such action, suit or proceeding shall include an award thereof. 31. Counterparts. This Agreement has been executed in duplicate counterparts, each of which shall be deemed an original, but both of which constitute one and the same instrument. IN WITNESS WHEREOF, the parties have each executed this Agreement of the-date first written above. CITY OF MOORPARK By: Paul W. Lawrason Jr. Mayor ATTEST Lillian M. Hare City Clerk BOLLINGER DEVELOPMENT INCORPORATED By: (Name) (Title) By: (Name) (Title) LAX2:145015.7 13 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY 1. All that certain land situated in the State of California, County of Ventura, described as follows: Lots 21, 22, 25, 26, 29, the North one -half of Lots 30 and 34 and that portion of the South one -half of Lot 33 and the North one -half of Lot 38 lying West of the so- called "Walnut Canyon Road" of the Vallette Tract being a subdivision of Lot 2, in Block "L" of the Rancho Simi, as shown on a map recorded in the office of the County Recorder of said Ventura County in Book 3, Page 41 of Maps. EXCEPTING THEREFROM fifty percent (50 %) of oil, gas, petroleum, and other hydrocarbon substances and minerals in, on and under said property, but without any right to enter upon the surface or the subsurface above a depth of 500 feet in connection with exploration for or production of any of said substances, as reserved by Fred N. Joyner and wife, in Deed recorded November 15, 1960 in Book 1929, page 7 of Official Records. ALSO EXCEPTING THEREFROM that portion of said land described as Parcel 1 and 2 in the Deed from Jack C. Ecoff and others, to the County of Ventura by Deed recorded August 13, 1962 in Book 2190, page 446 of Official Records and by Deed recorded February 5, 1963 in Book 2270, page 318 of Official Records, described as Parcel -A and by Deed recorded January 6, 1964 in Book 2457, page 469 of Official Records, described as Parcel -A. ALSO EXCEPTING THEREFROM the remaining fifty percent (500) of oil, gas, petroleum, and other hydrocarbon substances and minerals in, on and under said real property, but without any right to enter upon the surface or subsurface above a depth of 550 feet in connection with exploration for or production of any said substances as reserved by Moorpark Investment Company, a Limited Partnership in Deed recorded January 8, 1973 in Book 4060, page 102 of Official Records. LM2: 145015.7 14 2. All that certain land situated in the State of California, County of Ventura, described as follows: PARC F.T, 1 PAR('FT, 2 Lots 1 through 27 of City of Moorpark, Coi State of California, Book 85, Pages 97 to Office of the County County. Tract 3319 -1 in the inty of Ventura, as per Map filed in 104 od Maps, in the Recorder of said EXCEPT an undivided one -half interest in and to all oil, gas, and hydrocarbon substances lying in, on or under said land; without, however, the right of entry on the surface or subsurface thereof to a depth of 500 feet, as reserved in deed recorded June 30, 1978, as Instrument No. 68026 of Official Records. Lots 3, 6 and 7 lying southeasterly of Grimes Canyon Road and all of Lots 10, 11, 13, 14, 15, 17 and 18 and the north half of Lots 19 and 23 all in the Vallette Tract; in the City of Moorpark, County of Ventura, State of California, as per Map recorded in Book 3, Page 41 of Maps, in the office of the County Recorder of said County, also known as Lots 1 through 27 of Tract 3319- 2 -3 -4. LAX2:145015.7 15 EXHIBIT B ' me • ' • • California 1996 'For value received, BOLLINGER DEVELOPMENT INCORPORATED, a California corporation, ( "Developer ") promises to pay to the CITY OF MOORPARK ( "City "), or to order, at 799 Moorpark Avenue, Moorpark, California, or at such other place as City may from time to time designate by written notice to Developer, the principal amounts specified in Section 2 below. Said amounts shall be due and payable in lawful tender of the United States of America without setoff, deduction or counterclaim. 1. Development Agreement. This Promissory Note (the "Note ") is issued pursuant to, and subject to, that certain Development Agreement dated , 1996, by and between City and Developer (the "Agreement "). The defined terms in this Note shall have the same meanings as in the Agreement. Any default under the Agreement shall constitute a default under this Note. A. Developer shall make an annual payment to City of TWO HUNDRED THOUSAND DOLLARS AND NO CENTS ($200,000.00) each year for fifteen (15) consecutive years commencing on the third anniversary of the Golf Course Commencement Date. B. Developer shall pay to City ONE MILLION, FIVE HUNDRED THOUSAND DOLLARS AND NO CENTS ($1,500,000.00) on the fifth anniversary of the Golf Course Commencement Date. C. Developer shall pay to City FIVE HUNDRED THOUSAND DOLLARS AND NO CENTS ($500,000.00) on the tenth anniversary of the Golf Course Commencement Date. D. Developer shall have the right to prepay all or part of the amounts specified in Paragraphs 2, A, B, and C hereof at any time or times. If Developer elects to prepay any such amount, the amount of the prepayment shall be mutually_ agreed upon by City and Developer, and said amount shall constitute full payment of the amount which would otherwise be required. LAX2:195015.7 16 3. Acceleration on Default. If any part of any principal amount under this Note is not paid when due and remains unpaid after a date specified by a notice from City to Developer, or if any breach or default under this Note, the Agreement or the Deed of Trust described in Paragraph 6 hereof is not cured by a date specified in a notice to Developer from City, the entirety of the principal amounts outstanding shall at once become due and payable at the option of City. The date specified in any notice from City to Developer shall not be less than ten (10) days from the date such notice is deemed delivered pursuant to the provisions of Paragraph it hereof. City may exercise this option to accelerate during any breach or default by Developer regardless of any prior forbearance. Failure to exercise, or delay in exercising, this option shall not constitute a waiver of the right to exercise it for the breach or default or in the event of any subsequent breach or default. A. Developer acknowledges that late payments shall cause damage to City. Developer agrees to pay, for each payment not received by City within five (5) days after payment is due, a late charge of Two Hundred and Fifty Dollars and No Cents ($250.00). Acceptance of any late charge by City shall not constitute a waiver of the default with respect to the overdue amount, and it shall not prevent City from pursuing any of the its other rights and remedies. B. In the event Developer fails to make any payment when due, interest shall accrue on said payment from the payment due date at the rate of ten percent (10 %) per annum. C. In the event that any usury limitations apply to any payment pursuant to this Paragraph, the specified payment shall be reduced to the maximum amount permitted by law. 5. Cost of Collection. Developer agrees to pay to City the following costs, expenses and attorneys' fees paid or incurred by City, or awarded by a court of competent jurisdiction: (I) the reasonable costs and expenses of collection or enforcement of, and reasonable attorneys' fees paid or incurred in connection with the collection or enforcement of, this Note or any part of it, whether or not suit is filed and (ii) costs of suit and reasonable attorneys' fees in an action to enforce payment of this Note or any part of it. 6. Security for Note. The indebtedness evidenced by this Note is secured by a certain Deed of Trust with Assignment of Rents of even date herewith (the "Deed of Trust ") . LAX2:145015.7 17 7. Forbearance Not a Waiver. No delay or omission on the part of City in exercising any rights under this Note, the Deed of Trust or the Agreement on breach or default by Developer shall operate as a waiver of such right or any other right under this Note, the Deed of Trust or the Agreement for the same breach or default or for any other breach or default. 8. Assignment by City. City shall have the right to sell, assign or otherwise transfer, in whole or in part, this Note, the Deed of Trust, and any other instrument evidencing or securing the indebtedness of this Note without the consent of Developer. 9. No Assignment By Developer. Developer shall not have the right to assign this Note, in whole or in part, without the prior written consent of City. 10. Time is of the Essence. Time is of the essence for each and every obligation under this Note. 11. Notice. Any notice to be given pursuant to this Note shall be in writing, and all such notices, payments and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Attn: City Manager Bollinger Development Incorporated 2820 Townsgate Road, Suite 200 Westlake Village, CA 91361 -3000 Attn: Paul A. Bollinger LAX2:145015.7 18 Notices, payments and other documents shall be deemed received upon receipt by personal service or upon the second (2nd) day after deposit in the United States mail. Either party may, from time to time, by written notice to the other, designate a different address which shall be substituted for the one above specified. CITY OF MOORPARK By: Paul W. Lawrason Jr. Mayor ATTEST Lillian M. Hare City Clerk BOLLINGER DEVELOPMENT INCORPORATED By: (Name) (Title) By: (Name) (Title) LAx2:145015.7 19 STATE OF CALIFORNIA ) ss. COUNTY OF VENTURA ) On before me personally appeared ' personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature STATE OF CALIFORNIA ) ss. COUNTY OF VENTURA ) (Seal) On before me personally appeared ' personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature LAX2:145015.7 (Seal) EXHIBIT C THIS RIDER TO DEED OF TRUST is attached to and incorporated by reference in that certain Deed of Trust with Assignment of Rents dated , 1996, by and between BOLLINGER DEVELOPMENT INCORPORATED, a California corporation ( "Trustor "), a corporation ( "Trustee "), and CITY OF MOORPARK ( "Beneficiary "). Said Deed of Trust is hereby modified, and as modified is hereinafter referred to as "this Deed of Trust ", in the following particulars only: A. This Deed of Trust is subordinate to that certain deed of trust executed by Trustor in favor of to secure a loan (hereinafter referred to as the "purchase money loan ") in the amount of DOLLARS AND CENTS ($ _) that was obtained by Trustor for the purpose of purchasing said property. B. This Deed of Trust shall be automatically subordinated to a deed of trust to be executed by Trustor to secure a loan that is obtained by Trustor for the purpose of constructing the improvements on said property that were approved by Beneficiary pursuant to Residential Planned Development (RPD) Permit No. 94 -1 and Conditional Use Permit (CUP) No. 94 -1 (hereinafter referred to as a• "construction loan ") , provided that: (a) At the time of recordation of the deed of trust securing the construction loan, no unrescinded Notice of Default of this Deed of Trust appears of record and Trustor is not in default in the payment of any taxes or assessments affecting said property; (b) The amount of the construction loan secured by the deed of trust does not exceed Sixteen Million Dollars and No Cents ($16,000,000.00), the annual interest rate does not exceed the prime 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, the method of amortization is straight line, the amortization period does not exceed thirty (30) years, and the loan origination fee does not exceed three (3) points; and LAX2 .-145015.7 2 2 (c) The purchase money loan is paid in full and the deed of trust securing the purchase money loan is fully reconveyed. C. This Deed of Trust shall be automatically subordinated to a deed of trust to be executed by Trustor upon completion of the improvements on said property that were approved by Beneficiary pursuant to Residential Planned Development (RPD) Permit No. 94 -1 and Conditional Use Permit (CUP) No. 94 -1 to secure a permanent loan that is obtained by Trustor to provide permanent financing for the purchase of, and improvements on, said property (hereinafter referred to as a "take -out loan "), provided that: (a) At the time of recordation of the deed of trust securing the take -out loan, no unrescinded Notice of Default of this Deed of Trust appears of record and Trustor is not in default in the payment of any taxes or assessments affecting said property; (b) The amount of the take -out loan secured by the deed of trust does not exceed Sixteen Million Dollars and No Cents ($16,000,000.00), the annual interest rate does not exceed the prime 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, the method of amortization is straight line, the amortization period does not exceed thirty (30) years, and the loan origination fee does not exceed three (3) points; and (c) The construction loan is paid in full and the deed of trust securing the construction loan is fully reconveyed. D. This Deed of Trust shall be automatically subordinated to a deed of trust to be executed by Trustor to refinance the take- out loan (hereinafter referred to as a "refinance loan ") or to secure a loan against said property once the take -out loan is paid in full (hereinafter referred to as a "personal loan ") that is obtained by Trustor to provide financing for whatever purpose Trustor deems appropriate (hereinafter referred to as a "personal loan "), provided that: (a) At the time of recordation of the deed of trust securing the refinance loan or the personal loan, no unrescinded Notice of Default of this Deed of- -Trust appears of record and Trustor is not in default in the payment of any taxes or assessments affecting said property; LM2:145015.7 23 (b) The amount of the refinance loan or the personal loan secured by the deed of trust, does not exceed Sixteen Million Dollars and no cents ($16,000,000.00), the annual interest rate does not exceed the prime 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, the method of amortization is straight line, the amortization period does not exceed thirty (30) years, and the loan origination fee does not exceed three (3) points; (c) The take -out loan is paid in full and the deed of trust securing the take -out loan is fully reconveyed; and (d) Said property is encumbered by not more than one deed of trust securing either a refinance loan or a personal loan, so that this Deed of Trust is never in less than a second position. 1.2 Partial Release Following Recordation of Map. After the recordation of the final subdivision map for Vesting Tract No. 4928 in the office of the County Recorder of the County of Ventura, Trustee shall release all of the lots shown on said map, except Lots 219 and 220 (the west golf course) as the same are designated on the approved tentative subdivision map for Vesting Tract No. 4928 or are subsequently modified on the recorded final subdivision map, from the lien or charge of this Deed of Trust by the grant of a partial reconveyance under the following terms and conditions: (a) Trustor shall submit a written request for the partial reconveyance to Trustee; (b) No partial reconveyance shall be granted at any time that Trustor is in default under the promissory note of even date herewith, in the event that an unrescinded Notice of Default appears of record; and (c) Trustor shall pay to Trustee the costs of executing and recording the partial reconveyance. 1.3 Severability. If any provision of this Deed of Trust or the application hereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder hereof and the application hereof to other persons or circumstances shall not be effected thereby and shall be enforced to the extent permitted by law. 1.4 Attorneys' Fees. In the event any action, suit or other legal proceeding is brought for the enforcement of, or the Lnx2:145015.7 2 4 STATE OF CALIFORNIA SS. COUNTY OF VENTURA On before me personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) is /are subscribed to,the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. (Seal) .On before me personally appeared ' personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature LAX2:145015.7 (Seal) T /�� y� ITEM "o • ORDINANCE NO. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MOORPARK AND BOLLINGER DEVELOPMENT CORPORATION (DEVELOPMENT AGREEMENT NO. 95 -1) WHEREAS, after a duly noticed public hearing on March 4, 1996, the Planning Commission of the City of Moorpark recommended approval of a proposed development agreement (No. 95 -1) between the City and Bollinger Development Corporation (the "Development Agreement ") for the project commonly known as Moorpark Country Club Estates: 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 (the "Project ") ; and WHEREAS, at a duly noticed public hearing on March 20, 1996, and continued public hearings on March 27, April 3, and April 10, 1996, the City Council of the City of Moorpark has received testimony regarding said Development Agreement; and WHEREAS, the City Council has Agreement and an Addendum to the Final (EIR) certified by the City Council approved the Addendum to the Final considered the testimony presented at reached its decision on the matter. reviewed said Development Environmental Impact Report on December 20, 1996, has EIR on April 10, 1996, has the public hearing, and has NOW, THEREFORE, the City Council of the City of Moorpark, California, does ordain as follows: SECTION 1. The Addendum to the Final EIR for the Moorpark Country Club Estates Project adequately addresses the impacts of the Development Agreement, and pursuant to State California Environmental Quality Act Guidelines, the City Council has reviewed and considered the information contained in the Addendum and Final EIR. SECTION 2. The provisions of the Development Agreement are consistent with the General Plan and City Ordinance No. 59. SECTION 3. The City Council hereby approves Development Agreement No. 95 -1. SECTION 4. Within ten (10) days after the effective date of this ordinance, the City Clerk shall cause a copy of the Development Agreement to be recorded in the office of the County Recorder. Ordinance No. Page 2 SECTION 5. Upon the effective date of this ordinance, the Director of Community Development shall cause the property that is the subject of the Development Agreement to be identified on the Zoning Map of the City by the designation "DA" followed by the dates of the term of said Agreement. SECTION 6. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 7. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION B. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said city; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is pa shall, within fifteen (15) days after the thereof, cause the same to be published once a daily newspaper of general circulation, 6008 of the Government Code, for the City of hereby designated for that purpose. PASSED AND ADOPTED this day of ATTEST: Lillian E. Hare City Clerk 3sed and adopted; and passage and adoption in the Moorpark Star, as defined in Section Moorpark, and which is IF 1996. Paul W. Lawrason Jr., Mayor MEMORANDUM TO: Honorable City Council FROM: Deborah S. Traffenstedt, Senior Planner J)S j DATE: April 8, 1996 SUBJECT: ATTACHMENTS TO RESOLUTION AND ZONE CHANGE ORDINANCE FOR MOORPARK COUNTRY CLUB ESTATES PROJECT Attached to this memorandum is Attachment 6 to the Moorpark Country Club Estates Project Resolution (showing the revised land use designations) and Attachment 1 to the Zone Change Ordinance (showing the revised zoning). Please note that the staff report distributed to the Council on Friday, April 5, had yellow pages inserted to flag where the exhibits should be inserted. cc: Steve Kueny, City Manager TYPICAL RESIDENTIAL PLOTTING STREET SINCLE FAMILY DETACHED NOTE PROJECT CC k R'S FOR DETAILS PRELIMINARY GOLF CARD VEST COURSE EAST COURSE HOLE PAR GIST. -LE PAR DIST. 2 4 4 340 335 2 J 325 3 T PER 1983 DOC 93855 18 0 ♦ 5 • 3 40 e 200 5 4 3 545 300 ley e 7 S 550 6 4 420 e 5 ♦ 670 7 5 565 9 a 325 335 8 4 370 OUT 36 3455 9 OUT ♦ 36 390 3260 10 I1 4 430 10 4 360 12 5 5e5 425 II 5 550 IJ 4 ]J6 I2 I3 J 400 4 IS J 5 5]70 0 13 5 195 395 525 IB 17 ♦ 3 350 16 3 15 0 Is 165 1] 4 355 IN 7481 INe -E' ♦r_ TOTAL 72 6835 TOTAL 72 6615 MIVATE STREET DETAILS MVATE RESIDE ORIVF fw 0 S _ — — = ?— ROLLEO —10. Gu TTER LOT DATA MINIMUM MAXIMUM AVERACE LOT SIZES 0.23 AC 5.4 AC 0.60 AC (10,000 SO (235,224 SF)(26,000 SF) PAD SIZES 0.20 AC 1.5 AC 0.35 AC (9,000 SF) (65,340 SF)(15.000 SF) LEGEND =- PROPOSED WASTE WATER LINE PROPOSE. WATER LINE PROPOSED RECLAIMED WATER LINE —H -- PROPOSED STORM DEAN LINE =nr =z TRAIL AND TRAIL EASEMENT PRNATE DRIVEWAY FIRE DEPT TURNAROUND ASEMENTS O CAL1F EDISON CO POLE LINE k ETC, EASEMENT PER 2427 OR 257 CALIF EDISON CO POLE LINE ETC, EASEMENT PER 3240 OR 247 w OF VENTURA WATER RESERVOIR T PER 1983 DOC 97855 OF VENTURA SLOPE AND DRAINAGE T PER 1983 DOC 93855 ScRIR t" + 200' Et_ _ 'vest � LIQ SkAy�- rfi'r' ��. C � Sx �i F o W ASCUCNi fOR f TORE � 'a,i� TRCLT C F Sbx � � 1 I ' i 1 11 GREEN I OPEN SPACE 2 (OS -2) PINK: PUBLIC /INSTITUTIONAL (PUB) YELLOW: MEDIUM LOW (ML) ATTACHMENT 6 MOO RPARK COUNTRY CLUB ESTATES VESTING TENTATIVE TRACT NO. 4928 CITY OF MOORPARK MARCH 1996 SHEET 2 OF 4 W a ra" EMMA, M? IMUNMENT 6 SHEET I OF 4 RPD -1.63 u ucnpv f^�'{�uuf[��e�t�w¢[i [yp[e ftrt�R una � ufl [ - tom! Isom nRll v � 1 h � 1� f--,:. 3L- _ N ucnpv f^�'{�uuf[��e�t�w¢[i [yp[e ftrt�R una � ufl [ - tom! Isom nRll TYPICAL RESIDENTIAL PLOTTING i STREET SINGLE NOTE PROJECT FCC I DETACHED k R'S FOR DETAILS IT- I—Al onwewArz. A.oHz iII' =LOT DATA MAXIMUM AVER]AC' C 5.4 AC 0.80 (235,224 SF)(28,000 1.5 AC 035 (5s.3w sh(IS.DOO OS -6.4ac D -1 .-63 u .� IGREEN : OPEN SPACE 6.4 ACRE MINIMUM / PINK: INSTITUTIONAL 176 ACRE MINIMUM, 314.4 ACRE MINIMUM YELLOW: RESIDENTIAL PLANNED DEVELOPMENT 1.63 UNITS P NAW�RESTATESTRY CLUB VESTING TENTATIVE TRACT NO. 4928 CITY OF MOORPARK MARCH 1996 ATTACHMENT 1 SHEET 2 OF 4 PRELIMINARY GOLF CARD XOIE 'EST COURSE PAR EAST COURSE DIST. HOLE PAR 01sl . i 3 5 a sac 3 220 2 i 325 3 leo S 545 300 8 T e 3 200 S 550 8)0 325 ° ° 3 185 " 420 4 ses OUT SB T455 e ou 38 3280 10 12 u 14 5 585 »e 3 leo 10 1$ 13 4 4 380 5 550 4 400 3 195 • J95 I5 to IT le IN 5 570 350 3 1e5 20 "�� '.T4�— 15 18 i2 IN° 3 525 J 150 • 353 --;C, 25 7335 — TOTAL 72 8835 72 0815 IT- I—Al onwewArz. A.oHz iII' =LOT DATA MAXIMUM AVER]AC' C 5.4 AC 0.80 (235,224 SF)(28,000 1.5 AC 035 (5s.3w sh(IS.DOO OS -6.4ac D -1 .-63 u .� IGREEN : OPEN SPACE 6.4 ACRE MINIMUM / PINK: INSTITUTIONAL 176 ACRE MINIMUM, 314.4 ACRE MINIMUM YELLOW: RESIDENTIAL PLANNED DEVELOPMENT 1.63 UNITS P NAW�RESTATESTRY CLUB VESTING TENTATIVE TRACT NO. 4928 CITY OF MOORPARK MARCH 1996 ATTACHMENT 1 SHEET 2 OF 4 DEVELOPMENT AGREEMENT This Development Agreement ( "Agreement ") is made this day of , 1996, by and between the CITY OF MOORPARK, a municipal corporation, ('1City") and BOLLINGER DEVELOPMENT INCORPORATED, a California corporation, ( "Developer "). In consideration of the mutual covenants and agreements contained in this Agreement, City and Developer agree as follows: 1. Recitals. This Agreement is made with respect to the following facts and for the following purposes, each of which is acknowledged as true and correct by the parties: A. Pursuant to Government Code Section 65864 mt sea. and Ordinance No. 59 of City, City is 'authorized to enter into binding contractual agreements with any person having legal or equitable interest in real property for the development of such property in order to establish certainty in the development process. B. Developer is in escrow to purchase in fee simple certain real property in the City of Moorpark known as Moorpark Country Club Estates (the "Property ") as more specifically described by the legal description set forth in Exhibit A, which exhibit is attached hereto and incorporated herein by this reference. C. Developer has received approval of the following land use entitlements from City for the development of the Property: General Plan Amendment No. 94 -1, Zone Change No. 94 -1, Vesting Tentative Tract Map (VTTM) No. 4928, Residential Planned Development Permit (RPD) No. 94 -1 and Conditional Use Permit (CUP) No. 94 -1. Implementation of these land use entitlements is subject to a mitigation monitoring program that was approved by City on the date first above written (the Mitigation Monitoring Program). Collectively, the land use entitlements and the Mitigation Monitoring Program are referred to herein as the Project Approvals. The Project Approvals provide a comprehensive plan for the development of the Property. That development is referred to herein as the Project. D. By this Agreement, City desires to obtain the binding agreement of Developer to develop the Property in accordance with this Agreement and the Project Approvals. In consideration thereof, City agrees to limit the future exercise of certain of its governmental and proprietary powers_-to the extend specified in this Agreement. - E. By this Agreement, Developer desires to obtain the binding agreement of City to permit the development of the Property LAX2:195015.7 1 Recording Requested By and When Recorded Return to: CITY CLERK CITY OF MOORPARK 799 Moorpark Avenue Moorpark, California 93021 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code § 6103 DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MOORPARK AND BOLLINGER DEVELOPMENT INCORPORATED THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO THE REQUIREMENTS OF GOVERNMENT CODE §65868.5 LAX2:145015.7 in accordance with this Agreement and the Project Approvals. In consideration thereof, Developer agrees to waive its rights to legally challenge the limitations and exactions imposed upon the development of the Property pursuant to the Project Approvals and to provide the public benefits specified in this Agreement. F. City and Developer each acknowledges and agrees that the consideration that is to be exchanged pursuant to this Agreement is fair, just and reasonable. The parties further acknowledge and agree that this Agreement is consistent with the General Plan of City as amended by General Plan Amendment No. 94 -1. G. On March 4, 1966, the Planning Commission of City held a duly noticed public hearing on this Agreement and recommended approval of the same. H. On March 20, 1996, the City Council of City (the "City Council ") held a duly noticed public hearing on this Agree- ment, which hearing was continued to March 27, 1996, April 3, 1996 and April 10, 1996 and by Ordinance No. (the "Enabling Ordinance ") approved the same. 2. Binding Effect. The burdens of this Agreement are binding upon, 'and the benefits of the Agreement inure to the benefit of, the parties and their successors in interest and constitute covenants which run with the Property. Whenever the terms "City" and "Developer" are used herein, such terms shall include any successors in interest to the parties. 3. Development of the Property. The following provisions shall govern the subdivision, development and use of the Property: (a) permitted Uses. The permitted and conditionally permitted uses of the Property shall be limited to those that are allowed by the Project Approvals. (b) Development Standards. All design and development standards, including but not limited to density or intensity Of use, maximum height and size of buildings, that are applicable to the Property are set forth in (I) the Project Approvals, (ii) Title 17 (Zoning) of the Moorpark Municipal Code as the same exits on the date first above written, and (iii) Section 5 hereof. (c) Reservations and Dedications. All reservations and dedications of land for public purposes that are_ applicable to the Property are set forth in (I) the Project. - Approvals and (ii) Section 6. (d) ,Modification and Extension of Cert in Pr ject Approvals- Throughout the term of this Agreement, Developer LAX2:145015.7 2 shall have the right, at its election and without risk to any right that is vested in it pursuant to this Agreement, to apply to City for minor modifications to RPD No. 94 -1 and CUP No. 94 -1. The approval or conditional approval of any such minor modification shall not require an amendment to this Agreement, provided that, in addition to any other findings that may be required in order to approve or conditionally approve the modification, a finding is made that the modification is consistent with this Agreement. It is understood by the parties that RPD No. 94 -1 and CUP No. 94 -1 may not remain valid for the term of this Agreement. Accordingly, throughout the term of this Agreement, Developer shall have the right, at its election, to-apply for a new permit to, replace the permit that has expired or is about to expire. 4. Schedule of Development. The Golf Course Commencement Date of each of the two golf courses permitted by CUP No. 94 -1 shall be not later than May 1, 1998. Golf Course Commencement Date means the date that Developer completed the construction of at least one golf course and that golf course is open for public play or is used for promotional or tournament play. Developer shall complete the construction of the residential units permitted by RPD No. 94 -1 within fifteen (15) years. 5. Vesting of Development Rights. All construction on the Property shall adhere to the Uniform Building Code, including the Fire Resistive Design Manual, National Electrical Code, Uniform Plumbing Code, Uniform Mechanical Code, Uniform Housing Code, Uniform Code for the Abatement of Dangerous Buildings, Uniform Code for Building Conservation and Uniform Administrative Code (Building Codes) most recently adopted by City and in effect at the time a plan check or permit is required. The 'design of all residential and accessory structures shall be consistent with the Final Architectural Design Guidelines (Design Guidelines) approved by the City's Director of Community Development as required by Condition No. 20 of RPD No. 94 -1. Any item not addressed in the Design Guidelines shall be governed by the applicable provisions of the Moorpark Municipal Code or other City ordinance, rule, regulation, or policy as most recently adopted by City and in effect at the time that Developer's submittal is received by City. Any minor modification to, or time extension of, a Project Approval and any application for a new Project Approval shall be on the basis of the ordinances, rules, regulations, and policies as most recently adopted by City and in effect at the time LM2: 145015.7 3 the request for the minor modification, extension or new Project Approval is received by City. The following shall be prepared consistent with the ordinances, rules, regulations, and policies as most recently adopted by City or other applicable agency and in effect at the time they are submitted to City for review and approval: Integrated Golf Course Management Plan (Condition Nos. 56 and 57 of CUP No. 94 -1); Erosion and Sediment Control Plan (Condition Nos. 88 -90 of VTTM No. 4928); Master Drainage and Flood Control Improvement Plan (FLIP) (Condition Nos. 92, 93 and 94 of VTTM No. 4928); and Bank Protection Plan (BPP) (Condition Nos. 95 and 96 of VTTM No. 4928). �- - (a) (1) Developer shall make fifteen (15) .Annual Payments to the City 'of Two Hundred Thousand Dollars and No Cents ($200,000.00) each. Each Annual Payment shall be made on the anniversary of the Golf Course Commencement Date with the first payment to be made on the third anniversary and the last payment to be made on the seventeenth anniversary of the Golf Course Commencement Date. (a) (2) Developer shall pay to City One' Million, Five Hundred Thousand Dollars and No Cents ($1,500,000.00) on the fifth anniversary of the Golf Course Commencement Date. (a) (3) Developer shall pay to City Five Hundred Thousand Dollars and No Cents ($500,000.00) on the tenth anniversary of the Golf Course Commencement Date. (a) (4) The terms and conditions for the payments required by Subparagraphs (a) (1) , (a) (2) , and (a) (3 ) above shall be those contained in a promissory note in the form of Exhibit B (the Promissory Note), which shall be secured by a deed of trust and rider in the form of Exhibit C (the Deed of Trust), both of which are attached to this Agreement and by this reference are incorporated herein. Developer shall execute the Promissory Note and Deed of Trust and shallcause the Deed of Trust to be recorded immediately after it takes fee title to the Property and, at that time, the Deed of Trust shall be second only to the._ deed of trust described in Paragraph 1.1 A. of the Deed of Trust rider. City LM2:145015.7 4 shall, upon request by Developer, execute any documents needed to subordinate the Deed of Trust to deeds of trust securing subsequent loans on the terms and conditions set forth in the Deed of Trust rider. (a) (5) Developer acknowledges that City may, at its option, record a request for notice under Civil Code Section 2924b in accordance with the provisions thereof. (b) Both of the golf courses permitted by CUP No. 94 -1 shall be open to the public to play without the requirement for membership during all hours of operation. Twelve (12) hours in the afternoon (12:00 noon to sunset) each week shall be available at discounted rates for City and school recreational /educational programs on both golf courses. Discounted rates shall be offered to seniors and students residing in the City of Moorpark. The discounted rates shall be determined by Developer and the eligible programs shall be determined by City. (c) Developer shall cause the clubhouse and related facilities permitted by CUP No. 94 -1 to be available to the public for rent. City shall be granted one free rental, except for Developer's out -of- pocket expenses, each year for a City sponsored activity. The date and number of hours shall be by mutual agreement. (d) Developer shall extend the reclaimed waterline to serve the medians and parkways for C Street and any other publicly maintained or common landscaped areas. Developer shall install the extended reclaimed waterline not later than the opening of the first golf course to the public. (e) Developer shall grant, in a form acceptable to City, an irrevocable offer of easement dedication for the equestrian trails as shown on VTTM No. 4928. (f) Developer shall grant, in a form acceptable to City, a conservation easement to retain Lots 216, 217, 218, 219, 220, 221, 222, 223, 224, 225 as designated pursuant to VTTM No. 4928 in a predominantly open space condition consistent with Civil Code Section 815 at sea., except for purpose as follows: Lot 217 Approximately 2.2 acres for native habitat restoration and the balance of the Lot for a trail staging area and other public open space purposes. Lot 218 East golf course Lots 219 & 220 West golf course IM2:145015.7 5 Lots 221 222 & 223 Water well sites Lots 224 & 225 Water reservoir sites Lot 216 The building pad for one residential dwelling unit not to exceed one and one - half (1 Z) acres. The conservation easement over all but Lot 216 shall be recorded concurrently with the recordation of Phase 1 of the final subdivision map for Vesting Tract Map No. 4928. The conservation easement over Lot 216 shall be recorded concurrently with the recordation of Phase 6 of the Final Map for VTTM No. 4 -928. (g) Developer shall grant City an irrevocable offer of dedication of. Lot. 217 as designated pursuant to VTTM No. 4928 to be used for public purposes to be determined in City's sole discretion, except such portion as is needed by Developer to meet the obligations of the Mitigation Monitoring Program. (h) Prior to issuance of a zone clearance for the building permit for the clubhouse permitted by CUP No. 94 -1, Developer shall pay to City an amount equal to Twenty Five Cents ($.25) per square foot of clubhouse building area to fund park improvements. (i) The Air Quality Mitigation Fee shall be paid by Developer in the amount and at the time stated in conditions of the Project Approvals. 7. City Agreements. Chapter 17.38 provisions 38 (Hills de Management) of the Moorpark M nicipalCode. (b) The Project shall be exempt from any growth management ordinance that is adopted by the City Council or by initiative of the electorate. (c) If requested in writing by Developer and limited to City's legal authority, City shall proceed to acquire, at Developer's sole cost and expense, easements or fee title to land in which Developer. does not have title or interest in order to allow construction of public improvements required of Developer which are outside City's legal boundaries. -The-process shall generally follow Government Code Section .66457 gt_ -sea, and shall include the obligation of Developer to enter into an agreement with City, guaranteed by cash deposits and other security as the City may require, to pay all City costs including but not limited to, acquisition of the interest, attorney fees, appraisal fees, LAx2:145015.7 6 engineering fees, and City overhead expenses of fifteen percent (15 %) on all out -of- pocket costs and City staff costs. (d) Whenever possible, City shall process plan checking for the Project in an expedited manner. (e) The City Manager is authorized to sign an early grading agreement on behalf of City to allow rough grading of the Project prior to City Council approval of the final subdivision map for Vesting Tract No. 4928. Said early grading agreement shall be consistent with the conditions of the Project Approval. (f) The fees for the Los Angeles Avenue Area of Contribution and the Casey Road /Gabbert Road Area of Contribution, collectively referred to as AOC fees, shall not be required to be paid by Developer until the time of issuance of a zone clearance for the first building permit for each of the 216 residential lots in the Project. The AOC fees shall be the dollar amount in effect at the time of issuance of the aforementioned zone clearance. The AOC fees for both of the golf courses permitted by CUP No. 94 -1 shall be paid at the time of first occupancy of either golf course and 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 first occupancy of either golf course. (g) The Citywide Traffic Mitigation Fee shall not be required to be paid by Developer until prior to issuance of a zone clearance for the first building permit for each of the 216 residential lots in the Project. The fee is $3,000.00 per lot. The fee shall be adjusted annually (commencing one year after approval of VTTM No. 4928) by any increase in the Consumer Price Index (CPI) until paid in full. 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. For the golf course, the Citywide Traffic Mitigation Fee shall be paid prior to first occupancy of either golf course. The fee shall be $154,224:00. The fee amount shall be adjusted annually pursuant to the language above commencing one year after approval of CUP No. 94 -1. (h) Except for the fees in lieu of park dedication, all development fees controlled by City for the 216 residential lots in the Project shall not be required to be paid by Developer until the time of issuance of zone clearance for the first building permit for each lot, unless the fee is otherwise due at--.-a'- later time. Development fees -5hail not include fees for plan checking, permits, processing and other services. Park in lieu fees for each phase of the final subdivision map for Vesting Tract No. 4928 containing LAX2:145015.� 7 i residential lots shall be payable at the time final map approval is requested for each phase of the map. 8. Supersession of Agreement by Change of aw. In the event that any state or federal law or regulation enacted after this Agreement becomes effective prevents or precludes compliance with any provision of the Agreement, such provision shall be deemed modified or suspended to comply with such state or federal law or regulation, as reasonably determined necessary by City. 9. Demonstration o : Good :Faith l•JSIIJl�i= _�ITKe. In order to ascertain compliance by Developer with the provisions of this Agreement, the Agreement shall be reviewed annually in accordance with Ordinance No. 59 of City or any successor thereof then in effect. The failure of City to conduct any such annual review shall not in any manner constitute a default by City hereunder, diminish, impede, or abrogate the obligations of Developer hereunder or render this Agreement invalid or void. �- �- - ..- Each of the following events shall be deemed a material breach of Developer's obligations under this Agreement: (a) Developer practices, or attempts to practice, any fraud or deceit upon City. (b) Developer becomes insolvent or proceedings in bankruptcy are instituted by or against Developer, or Developer is adjudged bankrupt or insolvent by any court, or a receiver or trustee in bankruptcy or a receiver of the Property is appointed in any suit or proceeding brought by or against Developer, or Developer makes an assignment for the benefit .of creditors, and during the pendency of aforementioned proceeding Developer fails to maintain two golf courses open to the public as required by this Agreement. (c) Developer willfully violates any orders or rulings of any regulatory body having jurisdiction over Developer relative to the Project, provided that Developer may contest any such orders or rulings by appropriate proceedings conducted in good faith, in which case no breach of this Agreement shall be deemed to have occurred unless and until there is a final adjudication adverse to Developer. (d) Developer fails to make any payments required under this Agreement. (e) Developer materially breaches any of the other terms, conditions or requirements of the Agreement and the same is not corrected or remedied within the time set in a LAX2:145015.7 8 written notice of the violation from City to Developer, provided that if Developer cannot reasonably correct or remedy the breach within the time set forth in such notice, Developer fails to commence to correct or remedy such violation within the time set forth in such notice and diligently effect such correction or remedy thereafter. 11. Mortgage Protection. Whenever City delivers any notice to Developer with respect to any default by Developer, City shall at the same time deliver to each holder of record of any deed of trust on the Property (the "Financier ") a copy of such notice, provided that the Financier has given prior written notice of its name and address to City and the notice makes specific reference to this section. Each Financier that has given prior notice to City pursuant to this section shall have the right, at its option and insofar as the rights of City are concerned, to cure any such default within fifteen (15) days after the receipt of the notice from City. If such default cannot be cured within such time period, the Financier shall have such additional period as may be reasonably required to cure the same, provided that the Financier delivers written notice to City of its intention to cure and commences the cure within fifteen (15) days after receipt of the notice from City and thereafter diligently prosecutes the same to completion. The City shall not terminate this Agreement by reason of Developer's default without allowing the Financier to cure the same as specified herein. Notwithstanding any cure by Financier, this Agreement shall be binding and effective against the Financier and any owner of the Property, or any part thereof, whose title thereto is acquired by foreclosure, trustee sale or otherwise. 12. Estoppel Certificate. Either party may, at any time and from time to time, deliver written notice to the other party requesting that such party certify in writing that, to the knowledge of the certifying party, (I) this Agreement is in full force and effect and a binding obligation of the parties, (ii) this Agreement has not been amended, or if amended, the identify of each amendment, and (iii) the requesting party is not in default under this Agreement, or if in default, a description of each such default. The. party receiving a request hereunder shall execute and return such certificate within thirty (30) days following the receipt thereof. City acknowledges that a certificate hereunder may be relied upon by successors in interest to Developer and holders of record of deeds of trust on the Property.- 13. Administration of Agreement. All decisions by City staff concerning the interpretation and administration of this Agreement and development of the Property in accordance herewith are appealable by Developer to the City Council, provided that any LAX2:145015.7 9 such appeal shall be filed with the City Clerk of City within ten (10) days after Developer is notified of the staff decision. The City Council shall render its decision to affirm, reverse or modify the staff decision within thirty (30) days after the appeal was filed. Developer shall not seek judicial review of any staff decision without first having exhausted its remedies pursuant to this section. 14. Amendment or Termination by Mutual Consent. In accordance with the provisions of Ordinance No. 59 of City or any successor thereof then in effect, this Agreement may be amended or terminated, in whole or in part, by mutual consent of City and Developer. 15. Indemnification. Developer shall indemnify, defend with counsel approved by City, and hold harmless City and its officers, employees and agents from and against any and all losses, liabilities, fines, penalties, costs, claims, demands, damages, injuries or judgments arising out of, or resulting in any way from, Developer's performance pursuant to this Agreement. 16. Time of Essence. Time is of the essence for each provision of this Agreement of which time is an element. 17. Term. This Agreement shall become effective on the date that the Enabling Ordinance becomes effective pursuant to Government Code Section 36937 and shall remain in effect (I) for twenty (20) years or (ii) until Developer has completed the construction of the Project and has paid the Promissory Note in full, whichever of the two events occurs first. The expiration of this Agreement shall not affect any right or duty arising independently from any Project Approval that is approved by City concurrently with, or subsequent to, the adoption of the Enabling Ordinance. Upon the expiration of this Agreement, City and Developer agree to cooperate and execute any document reasonably requested by the other party to remove this Agreement from the public records as to the Property, or any portion thereof, to the extent permitted by applicable laws. LM2 :ias0ls.7 10 18. Notices. All notices given pursuant to this Agreement shall be in writing and shall be effective when personally delivered or upon the third (3rd) day after deposit in the United States mail, registered or certified, postage prepaid, return receipt requested, to the party at the address indicated below: To City: City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attn. City Manager To Developer: Bollinger Development Incorporated 2820 Townsgate Road, Suite 200 Westlake Village, CA 91361 -3000 Attn. Paul A. Bollinger Either party may, from time to time, by written notice to the other, designate a different address which shall be substituted for the one above specified. 19. Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof, and all prior agreements or understandings, oral or written, are hereby merged herein. This Agreement shall not be amended, except as expressly provided herein. 20. Waiver. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, whether or not similar; nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless it is executed in writing by a duly authorized representative of the party against whom enforcement of the waiver is sought. 21. Severability. If any provision of this Agreement is determined by 'a 'bourt of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. 22. Relationship of the Parties. The parties acknowledge that, in entering into and performing under this Agreement, each is acting as an independent entity and not as an agent of the other in any respect. Nothing contained herein or in any document executed in connection herewith shall be construed as creating the relationship of partners, joint venturers or any other association of any kind or nature between City and Developer. LAX2:145015.7 11 23. Constructive Notice and Acceptance. Every person who, now or hereafter, owns or acquires any right, title or interest in or to any portion of the Property is, and shall be, conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Property. 24. No Third Party Beneficiaries. This Agreement is made and entered into for the sole benefit of the parties and their successors in interest. No other person shall have any right of action based upon any provision of this Agreement. 25. Recordation Agreement-. This Agreement and any amendment or termination thereof shall be recorded in the official records of the County of Ventura by the City Clerk of City within the period required by Ordinance 59 of City or any successor thereof then in effect. 26. Cooperation Between the Parties. Each party shall execute and deliver to the other all such other and further instruments and documents as may be necessary to carry out the purposes of this Agreement. 27. Rules of Construction. The captions and headings of the various sections and subsections of this Agreement are for convenience of reference only, and they shall not constitute a part of this Agreement for any other purpose or affect the interpretation of the Agreement. Should any provision of this Agreement be found to be in conflict with any provision of the Project Approvals, the provision of this Agreement shall prevail. Should any provision of the Promissory Note be found to be in conflict with any provision of this Agreement, the provision of the Promissory Note shall prevail. 28. Joint Preparation. This Agreement shall be deemed to have been prepared jointly and equally by the parties, and it shall not be construed against either party on the ground that the party prepared the Agreement or caused it to be prepared. 29. roverninq Law and Venue. This Agreement is made, entered into, and executed in the County of Ventura, California, and the laws of the State of California shall govern its interpretation and enforcement. Any action, suit or proceeding related to, or arising from, this Agreement shall be filed in the appropriate court having jurisdiction in the County of Ventura. 30. Attorneys' Fees. In the event any action, suit or proceeding is brought for the enforcement or declaration of any right or obligation pursuant to, or as a result of any alleged breach of, this Agreement, the prevailing party shall be entitled LAX2:145015.7 12 to its reasonable attorneys' fees and litigation expenses and costs, and any judgment, order or decree rendered in such action, suit or proceeding shall include an award thereof. 31. Counterparts. This Agreement has been executed in duplicate counterparts, each of which shall be deemed an original, but both of which constitute one and the same instrument. IN WITNESS WHEREOF, the parties have each executed this Agreement of the-date first written above. CITY OF MOORPARK By: Paul W. Lawrason Jr. Mayor ATTEST Lillian M. Hare City Clerk BOLLINGER DEVELOPMENT INCORPORATED By: (Name) (Title) (Name) (Title) LAX2:145015.7 13 r f b �� EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY 1. All that certain land situated in the State of California, County of Ventura, described as follows: Lots 21, 22, 25, 26, 29, the North one -half of Lots 30 and 34 and that portion of the South one -half of Lot 33 and the North one -half of Lot 38 lying West of the so- called "Walnut Canyon Road" of the Vallette Tract being a subdivision of Lot 2, in Block "L" of the Rancho Simi, as shown on a map recorded in the office of the County Recorder of said Ventura County in Book 3, Page 41 of Maps. EXCEPTING THEREFROM fifty percent (50 %) of oil, gas, petroleum, and other hydrocarbon substances and minerals in, on and under said property, but without any right to enter upon the surface or the subsurface above a depth of 500 feet in connection with exploration for or production of any of said substances, as reserved by Fred N. Joyner and wife, in Deed recorded November 15, 1960 in Book 1929, page 7 of Official Records. ALSO EXCEPTING THEREFROM that portion of said land described as Parcel 1 and 2 in the Deed frpm Jack C. Ecoff and others, to the County of Ventura by Deed recorded August 13, 1962 in Book 2190, page 446 of Official Records and by Deed recorded February 5, 1963 in Book 2270, page 318 of Official Records, described as Parcel -A and by Deed recorded January 6, 1964 in Book 2457, page 469 of Official Records, described as Parcel -A. ALSO EXCEPTING THEREFROM the remaining fifty percent (50 %) Of oil, gas, petroleum, and other hydrocarbon substances and minerals in, on and under said real property, but without any right to enter upon the surface or subsurface above a depth of 550 feet in connection with exploration for or production of any said substances as reserved by Moorpark Investment Company, a Limited Partnership in Deed recorded January 8, 1973 in Book 4060, page 102 of Official Records. LM2: 145015.7 14 2. All that certain land situated in the State of California, County of Ventura, described as follows: PARC'F.T, l PAW -7-T. 7 Lots 1 through 27 of City of Moorpark, Col State of California, Book 85, Pages 97 to Office of the County County. Tract 3319 -1 in the inty of Ventura, as per Map filed in 104 od Maps, in the Recorder of said EXCEPT an undivided one -half interest in and to all oil, gas, and hydrocarbon substances lying in, on or under said land; without, however, the right of entry on the surface or subsurface thereof to a depth of 500 feet, as reserved in deed recorded June 30, 1978, as Instrument No. 68026 of Official Records. Lots 3, 6 and 7 lying southeasterly of Grimes Canyon Road and all of Lots 10, 11, 13, 14, 15, 17 and 18 and the north half of Lots 19 and 23 all in the Vallette Tract; in the City of Moorpark, County of Ventura, State of California, as per Map recorded in Book 3, Page 41 of Maps, in the office of the County Recorder of said County, also known as Lots 1 through 27 of Tract 3319- 2 -3 -4. LAXZ:14SO IS. 7 15 t e. � r �.s EXHIBIT B PROMISSORY NOTE SECURED BY DEED OF TRUST California , 1996 'For value received, BOLLINGER DEVELOPMENT INCORPORATED, a California corporation, ( "Developer ") promises to pay to the CITY OF MOORPARK ( "City "), or to order, at 799 Moorpark Avenue, Moorpark, California, or at such other place as City may from time to time designate by written notice to Developer, the principal amounts specified in Section 2 below. Said amounts shall be due and payable in lawful tender of the United States of America without setoff, deduction or counterclaim. 1. Development Agreement. This Promissory Note (the "Note ") is issued pursuant to, and subject to, that certain Development Agreement dated , 1996, by and between City and Developer (the "Agreement "). The defined terms in this Note shall have the same meanings as in the Agreement. Any default under the Agreement shall constitute a default under this Note. A. Developer shall make an annual payment to City of TWO HUNDRED THOUSAND DOLLARS AND NO CENTS ($200,000.00) each year for fifteen (15) consecutive years commencing on the third anniversary of the Golf Course Commencement Date. B. Developer shall pay to City ONE MILLION, FIVE HUNDRED THOUSAND DOLLARS AND NO CENTS ($1,500,000.00) on the fifth anniversary of the Golf Course Commencement Date. C. Developer shall pay to City FIVE HUNDRED THOUSAND DOLLARS AND NO CENTS ($500,000.00) on the tenth anniversary of the Golf Course Commencement Date. D. Developer shall have the right to prepay all or part of the amounts specified in Paragraphs 2, A, B, and C hereof at any time or times. If Developer elects to prepay any such amount, the amount of the prepayment shall be mutually agreed upon by City and Developer, and said amount shall constitute full payment of the amount which would otherwise be required. LAx2:1450!5.7 16 3. Acceleration on Default. If any part of any principal amount under this Note is not paid when due and remains unpaid after a date specified by a notice from City to Developer, or if any breach or default under this Note, the Agreement or the Deed of Trust described in Paragraph 6 hereof is not cured by a date specified in a notice to Developer from City, the entirety of the principal amounts outstanding shall at once become due and payable at the option of City. The date specified in any notice from City to Developer shall not be less than ten (10) days from the date such notice is deemed delivered pursuant to the provisions of Paragraph 11 hereof. City may exercise this option to accelerate during any breach or default by Developer regardless of any prior forbearance. Failure to exercise, or delay in exercising, this option shall not constitute a waiver of the right. to exercise it for the breach or default or in the event of any subsequent breach or default. A. Developer acknowledges that late payments shall cause damage to City. Developer agrees to pay, for each payment not received by City within five (5) days after payment is due, a late charge of Two Hundred and Fifty Dollars and No Cents ($250.00). Acceptance of any late charge by City shall not constitute a waiver of the default with respect to the overdue amount, and it shall not prevent City from pursuing any of the its other rights and remedies. B. In the event Developer fails to make any payment when due, interest shall accrue on said payment from the payment due date at the rate of ten percent (10 %) per annum. C. In the event that any usury limitations apply to any payment pursuant to this Paragraph, the specified payment shall be reduced to the maximum amount permitted by law. 5. Cost of Collection. Developer agrees to pay to City the following costs, expenses and attorneys' fees paid or incurred by City, or awarded by a court of competent jurisdiction: (I) the reasonable costs and expenses of collection or enforcement of, and reasonable attorneys' fees paid or incurred in connection with the collection or enforcement of, this Note or any part of it, whether or not suit is filed and (ii) costs of suit and reasonable attorneys' fees in an action to enforce payment of this Note or any part of it. 6. Security for Note. The indebtedness evidenced by this Note is secured by a certain Deed of Trust with Assignment of Rents of even date herewith (the "Deed of Trust ") . Lax2:145015.7 17 7. Forbearance Not a Waiver. No delay or omission on the part of City in exercising any rights under this Note, the Deed of Trust or the Agreement on breach or default by Developer shall operate as a waiver of such right or any other right under this Note, the Deed of Trust or the Agreement for the same breach or default or for any other breach or default. .8• Assignment by City. City shall have the right to sell, assign or otherwise transfer, in whole or in part, this Note, the Deed of Trust, and any other instrument evidencing or securing the indebtedness of this Note without the consent of Developer. 9. No Assignment By Developer. Developer shall not have the right to assign this Note, in whole or in part, without the.prior written consent of City. 10. Time is of the Essence. Time is of the essence for each and every obligation under this Note. 11. Notice. Any notice to be given pursuant to this Note shall be in writing, and all such notices, payments and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Attn; City Manager Bollinger Development Incorporated 2820 Townsgate Road, Suite 200 Westlake Village, CA 91361 -3000 Attn: Paul A. Bollinger LAX2:145015.7 18 I'M-Mln' RIP Notices, payments and other documents shall be deemed received upon receipt by personal service or upon the second (2nd) day after deposit in the United States mail. Either party may, from time to time, by written notice to the other, designate a different address which shall be substituted for the one above specified. CITY OF MOORPARK By: Paul W. Lawrason Jr. Mayor ATTEST Lillian M. Hare City Clerk BOLLINGER DEVELOPMENT INCORPORATED By: (Name) (Title) By: (Name) (Title) 1,Ax2: 1450.5.7 19 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. On before me personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. (Seal) On before me personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies),' and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) LAX2:145015.7 x' IW. EXHIBIT C THIS RIDER TO DEED OF TRUST is attached to and incorporated by reference in that certain Deed of Trust with Assignment of Rents dated , 1996, by and between BOLLINGER DEVELOPMENT INCORPORATED, a California corporation ( "Trustor "), a corporation ( "Trustee "), and CITY OF MOORPARK ( "Beneficiary "). Said Deed of Trust is hereby modified, and as modified is hereinafter referred to as "this Deed of Trust ", in the following particulars only: 1.1 Subordination to Loans A. This Deed of Trust is subordinate to that certain deed of trust executed by Trustor in favor of to secure a loan (hereinafter referred to as the "purchase money loan ") in the amount of DOLLARS AND CENTS ($ ) that was obtained by Trustor for the purpose of purchasing said property. B. This Deed of Trust shall be automatically subordinated to a deed of trust to be executed by Trustor to secure a loan that is obtained by Trustor for the purpose of constructing the improvements on said property that were approved by Beneficiary pursuant to Residential Planned Development (RPD) Permit No. 94 -1 and Conditional Use Permit (CUP) No. 94 -1 (hereinafter referred to as a. "construction loan "), provided that: (a) At the time of recordation of the deed of trust securing the construction loan, no unrescinded Notice of Default of this Deed of Trust appears of record and Trustor is not in default in the payment of any taxes or assessments affecting said property; (b) The amount of the construction loan secured by the deed of trust does not exceed Sixteen Million Dollars and No Cents ($16,000,000.00), the annual interest rate does not exceed the prime 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, the method of amortization is straight line, the amortization period does not exceed thirty (30) years, and the loan origination fee does not exceed three (3) points; and LAX2:145015.7 2 2 (c) The purchase money loan is paid in full and the deed of trust securing the purchase money loan is fully reconveyed. C. This Deed of Trust shall be automatically subordinated to a deed of trust to be executed by Trustor upon completion of the improvements on said property that were approved by Beneficiary pursuant to Residential Planned Development (RPD) Permit No. 94 -1 and Conditional Use Permit (CUP) No. 94 -1 to secure a permanent loan that is obtained by Trustor to provide permanent financing for the purchase of, and improvements on, said property (hereinafter referred to as a "take -out loan "), provided that: (a) At the time of recordation of the deed of trust securing the take -out loan, no unrescinded Notice of Default of this Deed of Trust appears of record and Trustor is not in default in the payment of any taxes or assessments affecting said property; (b) The amount of the take -out loan secured by the deed of trust does not exceed Sixteen Million Dollars and No Cents ($16,000,000.00), the annual interest rate does not exceed the prime 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, the method of amortization is straight line, the amortization period does not exceed thirty (30) years, and the loan origination fee does not exceed three (3) points; and (c) The construction loan is paid in full and the deed of trust securing the construction loan is fully reconveyed. D. This Deed of Trust shall be automatically subordinated to a deed of trust to be executed by Trustor to refinance the take- out loan (hereinafter referred to as a "refinance loan ") or to secure a loan against said property once the take -out loan is paid in full (hereinafter referred to as a "personal loan ") that is obtained by Trustor to provide financing for whatever purpose Trustor deems appropriate (hereinafter referred to as a "personal loan "), provided that: (a) At the time of recordation of the deed of trust securing the refinance loan or the __personal loan, no unrescinded Notice of Default of this Deed of'-Trust appears of record and Trustor is not in default in the payment of any taxes or assessments affecting said property; LAX2:145015.7 23 (b) The amount of the refinance loan or the personal loan secured by the deed of trust, does not exceed Sixteen Million Dollars and no cents ($16,000,000.00) , the annual interest rate does not exceed the prime 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, the method of amortization is straight line, the amortization period does not exceed thirty (30) years, and the loan origination fee does not exceed three (3) points; (c) The take -out loan is paid in full and the deed of trust securing the take -out loan is fully reconveyed; and (d) Said property is encumbered by not more than one deed of trust securing either a refinance loan or a personal loan, so that this Deed of Trust is never in less than a second position. 1.2 Partial Release Following Recordation of Map. After the recordation of the final subdivision map for Vesting Tract No. 4928 in the office of the County Recorder of the County of Ventura, Trustee shall release all of the lots shown on said map, except Lots 219 and 220 (the west golf course) as the same are designated on the approved tentative subdivision map for Vesting Tract No. 4928 or are subsequently modified on the recorded final subdivision map, from the lien or charge of this Deed of Trust by the grant of a partial reconveyance under the following terms and conditions: (a) Trustor shall submit a written request for the partial reconveyance to Trustee; (b) No partial reconveyance shall be granted at any time that Trustor is in default under the promissory note of even date herewith, in the event that an unrescinded Notice of Default appears of record; and (c) Trustor shall pay to Trustee the costs of executing and recording the partial reconveyance. 1.3 Severability. If any provision of this Deed of Trust or the application hereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder hereof and the application hereof to other persons or circumstances shall not be effected on and shall be enforced to -the extent permitted by law. 1.4 Attorneys, Fees. In the event any action, suit or other legal proceeding is brought for the enforcement of, or the inx2:145015.7 24 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. On before me personally appeared ' personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) is /are subscribed to,the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. (Seal) ,On before me personally appeared ' personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) LAX2:145015.7