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HomeMy WebLinkAboutAGENDA REPORT 1996 0313 CC ADJ ITEM 08CTO: FROM: DATE: AGENDA REPORT CITY OF MOORPARK Honorable City Council Deborah S. Traffenstedt, Senior Planner �1 March 12, 1996 (CC Ming of 3- 13 -96) i C � l �4 SUBJECT: CONSIDER APPROVAL OF THE MOORPARK COUNTRY CLUB ESTATES PROJECT PROPOSED BY BOLLINGER DEVELOPMENT CORPORATION (GENERAL PLAN AMENDMENT NO. 94 -1, ZONE CHANGE NO. 94 -1, VESTING TENTATIVE MAP NO. 4928, RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1, AND CONDITIONAL USE PERMIT NO. 94 -1) BACKGROUND The City Council held a public hearing for the Moorpark Country Club Estates Project entitlements (as referenced above) on March 6, 1996. The Council continued the public hearing to March 13, directed staff to prepare revised conditions of approval to address the revised frontage road design, and asked that staff respond to several questions that are addressed in the following Discussion section. The revised draft conditions of approval for the Vesting Tentative Map and Residential Planned Development Permit are attached (Attachment 1), with corrections shown in legislative format. The Conditional Use Permit conditions will be provided under separate cover. Please note that staff is still working on revising the language in all three sets of conditions to require establishment of an Assessment District for "C" Street common area maintenance versus a Master Owners' Association. There may still be some inconsistencies remaining that staff will correct prior to the March 20 City Council meeting. DISCUSSION Trail Compatibility Concerns have been expressed by the City Council, Planning Commission, and residents regarding the compatibility of the golf course and trail uses and potential impacts to adjacent residential properties. Staff's opinion is that the trail can be made to be compatible through fencing, landscaping, and barrier nets. Improvements, such as barrier nets, would be expensive, and grading and barrier nets could be visually unattractive. The conditions of Honorable City Council March 12, 1996 Page 2 approval, as currently proposed by staff require dedication of an irrevocable easement for the trail and a 10 -year surety to ensure construction of trail improvements, including grading, surfacing, landscaping, and fencing. Within ten years, the City should be able to determine whether the trail is required or whether an alternative east -west trail access can be provided. At a minimum dedication of the trail easement needs to be required, since deletion of the trail would require an amendment to the General Plan Circulation Element. Reclaimed Water During Grading Draft conditions of approval have been modified to require reclaimed water use during grading, if available from Waterworks District No. 1. Fair Share of Intersection Improvements The intersection of Los Angeles Avenue and Tierra Rejada Road was not addressed in the Project Traffic Study, and staff recommends deletion of the condition requiring payment of a fair share fee for improvements at that intersection. At the intersection of Moorpark Avenue and High Street, the project will change the Year 2000 p.m. peak hour level of service from Level of Service B (.70) to Level of Service C (.73). The Project's proportionate share of Moorpark Avenue /High Street intersection improvements is calculated in the Traffic Study as 14.3 percent, but no additional improvements are planned, so no payment is recommended. Sight Distance on Walnut Canyon Road The applicant's engineer has prepared a sight distance exhibit (Attachment 2). Perimeter Fencing The draft conditions of approval require preparation of a perimeter fencing plan to be approved by the Director of Community Development. Chain link fencing would only be permitted along the northerly property boundary, adjacent to agricultural properties, where such fencing would not be visible from the public right of way or adjacent residential pads. General Plan Land Use Designation and Zoning The Planning Commission staff report for the December 19, 1995, meeting (copy was provided to the City Council) addressed two options for the land use designation and zoning for the project site. Given that the revised project provides a golf course buffer around a substantial portion of the project site, staff is recommending that the City Council consider the option of planning Honorable City Council March 12, 1996 Page 3 and zoning the golf course area as Open Space, versus a Rural High designation and Residential Planned Development (RPD) Zone District for the golf course and residential areas. The well and reservoir sites should be designated Public /Institutional and zoned Institutional. The residential General Plan land use designation and zoning would be calculated based on 216 du's to be clustered onto 134.9 net acres (1.6 DU /Acre). A density of 1.6 DU /Acre would require a Medium Low land use designation versus the Rural High (1 DU /Acre) designation originally proposed. The golf courses would then be designated Open Space 2 and zoned Open Space with the acreage designation to match the actual acreage of each of the golf courses. City Council direction regarding the preferred land use designation and zoning option is requested. If the City Council's decision is to approve the project, a draft approval resolution and zone change ordinance would need to be prepared for the Council's March 20 meeting. Staff has requested that the City Attorney report to the Council on March 13 the appropriate legal mechanism to guarantee that no residential dwelling units will ever be permitted in the golf course open space areas created by the clustering of the residential development. It is staff's understanding that a Conservation Easement is the preferred mechanism, if the applicant concurs. Contour Intervals on Vesting Tentative Map Staff had not discussed in the prior report to the City Council that the contour interval shown on the Vesting Tentative Map is ten feet, versus the standard two -foot interval. The applicant's engineer has advised that this change to the contour interval was done, because of the large acreage involved, which made a two -foot interval infeasible. The City Engineer concurs with the decision to provide the larger interval at this stage, with more precise grading information to be provided with the grading permit plans. If the City Council has any questions regarding this issue, the applicant's engineer can address their justification at the March 13 meeting. Addendum to Final Environmental Impact Report (EIR) The Addendum to the Final EIR is attached. A mitigation monitoring program will be provided to the City Council for the March 20 meeting. As discussed in the staff report for the March 6 public hearing, if the City Council intends to approve the proposed project, CEQA EIR Findings and a Statement of Overriding Considerations will also need to be prepared for the March 20 meeting. Honorable City Council March 12, 1996 Page 4 STAFF RECOIrMNDATION 1. Provide comments to staff on draft conditions of approval. 2. Continue the public hearing to March 20, 1996. Attachments: 1. Revised Conditions of Approval A. Vesting Tentative Map No. 4928 B. RPD Permit No. 94 -1 2. Sight Distance Exhibit 3. Addendum to Final EIR ADDENDUM TO THE FINAL ENVIRONMENTAL IMPACT REPORT The Moorpark Country Club Estates Project (State Clearinghouse No. 94081075) Vesting Tentative Tract No. 4928 Residential PD Permit No. 94 -1 Conditional Use Permit (CUP) No. 94 -1 General Plan Amendment No. 94 -1 Zone Change No. 94 -1 Development Agreement 95 -1 Prepared for: THE CITY OF MOORPARK 799 Moorpark Avenue Moorpark, California 93021 Planner: Debbie Traffenstedt (805) 529 -6864 Prepared by: THE PLANNING CORPORATION P.O. Box 20250 Santa Barbara, California 93120 (805) 472 -0447 February, 1996 RECEIVED FEB 2 8 1996 City of Moorpark 1 -04 -1995 4:32AM FROM PLANNING CORPORATION 805 965 0409 P,2 INTRODUCTION Decision to Prepare an Addendum to the Moorpark Estates Final EIR This Addendum has been prepared in accordance with relevant provisions of the California Environmental Quality Act (CEQA) of 1970 as amended and the CEQA Guidelines. CEQA Guidelines define an Addendum as the proper method for analyzing minor potential environmental consequences of a project for which a previous EIR has been prepared. Based on CEQA Guidelines and case law, an Addendum is appropriate when the following criteria are met: (1) only minor technical changes are needed to make the analysis in the prior EIR sufficient; (2) the changes to the Project Description are non - significant and contain elaborations upon or clarifications to components of a project that were described in a conceptual or schematic manner in the original EIR; (3) no significant environmental impacts are anticipated that were not contemplated in the prior document; and (4) no additional substantial mitigation planning is necessary for Project implementation; clarification and refinement of mitigation planning is acceptable. In the case of Vesting Tentative Map 4928 and related entitlements, impacts to all natural, cultural, and physical resources were assessed in the prior certified environmental document. During the several months that have elapsed between certification of the Final EIR and the present, the proposed project has been amended in the following manner. (1) The applicant and the City have entered into negotiations to complete a Development Agreement which will govern issues related to fees, exactions, mitigation measures, golf course operations, and related matters. The preparation of a Development Agreement was included in the discussion of impacts in the Final EIR and was recommended as a mitigation measure for the project to offset a variety of impacts, including impacts to hillside views and the integrity of protected ridgelines. (2) The applicant and the City are pursuing negotiations that may increase the number of permitted units by two (2) additional residences (for an entitlement to construct a total of 218 custom homes) to 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 tho Warpa* Estates EIR •2 MAR 04 '96 01 :43 BAS 9AS SASq On= Mn 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; and (3) Preparation and public review of a Mitigation Monitoring Program. 1 -04 -1995 4:32AM FROM PLANNING CORPORATION 805 965 0409 P,3 ADDENDUM ANALYSIS This document is designed to cover CEQA review of all final conditions necessary for implementation of the project including: (1) publication and consideration of the final version of the Conditions of Approval for the project; (2) identification of changes in the Site Plan, Conditions of Approval, and content of the Development Agreement since initial approval of the project by the Planning Commission and since certification of the Final EIR; and (3) Preparation and public review of a Mitigation Monitoring Program. 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 Amendment to the Number of Units Entitled The modified project described in the Certified Final EIR did not involve the construction of two additional residential units; the EIR considered a project with 216 custom homes and negotiations presently under consideration by the City and applicant could possibly entitle construction of a total of 218 custom homes. Average lot size would not be altered by this modification. The rationale for the applicant's pursuit of this this slight increase in the total number of units is related to the need to offset the costs of various mitigation measures, fees, and exactions necessary to offset environmental impacts. Therefore, with the exception of the addition of these two additional units, none of the basic design, circulation, landscaping, or other critical features of the project have been modified substantially. If the City and applicant agree to the addition of two units to the Project Description, this modification would not significantly alter the environmental consequences of the project described in the Final EIR. The total percentage increase in number of units over the existing proposal is less than one percent. Moreover, all per unit mitigation fees identified in the Final EIR .would be applied to these new units. No modifications are proposed to the mitigation measures required related to permitted units. Therefore, this modification will not have any significant environmental consequences. 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 Addendum to the MoorPark Estates ,EIR -4 MAR 04 '99 01:44 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. 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 average lot size was increased from less than 3/4 of an acre to approximately 1 acre to improve the project's aesthetics and to reduce land use conflicts with adjacent properties; (2) the northern extension of the western neighborhood was eliminated to prevent grading and landform modification along the northern perimeter of 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 Addendum Analysis -5 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 (approximately 5 acres) 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 (12) 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. The proposed layout for the revised project is illustrated in Appendix 1 of the Addendum and the anticipated grading impacts of this layout, which have resulted in substantial grading reductions compared to the proposed project, are also illustrated in Appendix 1. 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. Environmental Effects of the Pro'ect Described in this Addendum The potential reductions in environmental effects associated with this project are summarized briefly in the following discussion. Geologic and Seismic Hazards Impacts associated with mass grading, landform modification, slope stability, and all types of soil disturbance typical of mass graded projects would all be reduced with the approval of this project compared to the originally proposed project. Slope stabilization requirements would be reduced in several residential areas that were to be remediated under the project design as proposed. All impacts associated with proposed mass grading will be significantly reduced with this alternative. The potential for seismically induced slope failures also would be diminished with the proposed 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, with the exception of the addition of two more units, the same number of residential lots and golf courses are planned. The increase in total number Addendum Analysis -6 1 -04 -1995 4:33AM FROM PLANNING CORPORATION 805 965 0409 P.4 number of units from 216 to 218 would not result in any additional environmental impacts not previously described in the certified Final EIR. However, construction related impacts would be substantially reduced compared to the proposed project. These reductions would occur to PM10 values as well as to all ozone precursors. The duration of construction, particularly the air quality disruptive grading period, would be reduced. Groundwater Supplies and Surface Water Quality Due to improved planning for on -site retention and the addition of a larger number of more widely distributed water features (which serve as 'filters' for turf chemicals), impacts to surface water quality would be diminished with this project. Impacts related to groundwater supplies, groundwater extraction, and long term water supply planning would be equivalent to the project as proposed. However, due to the greater compactness of the golf course route and the reduction in grading area, some minor reduction in reclaimed water demand may result from adoption of this 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 project as proposed and the previously discussed project will result in very similar types of impacts. Biological Resources Although the proposed project and the previously described project will result in very similar disturbances to the on -site vegetation communities within the property boundary, the revised 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 proposed 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. The addition of two more units to the number of approved residential parcels will not significantly change any environmental variables related to noise propagation. Addendum to the Moorpark Estates EIR -7 MAR 04 '96 01:45 805 965 0409 PAGE.04 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 alternative 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 and Gabbert Canyon), and an improved project entrance. Since no reduction is proposed in the number of homes or golf courses, the off -site impacts of the project on the surrounding street system (road capacity and intersection impacts) would remain equivalent for the project and alternative. The additional two units proposed as part of the amended project would not significantly change the traffic analysis or required mitigation measures for the project. Public Services and Private Utilities Since only a minor change is proposed in the number of residential units and two golf courses are proposed to be constructed under both the prior project and the amended project, impacts on public services and private utilities would remain virtually the same. The revised 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 appears 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 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, the amended project is far superior to the project as proposed. Addendum Analysis -8 1 -04 -1995 4:34AM FROM PLANNING CORPORATION 805 965 0409 P.5 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 and in several other categories the amended project and the prior project will result in comparable impacts. 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. The addition of two additional units to the current applications for entitlements can occur without significantly changing the environmental consequences or mitigation measures required of the project applicant. Addendum to the Moorpark Estates ErR 3 MAR 04 '96 01:45 AAS qqS SAMQ onr_= CEQA CONDITIONS OF APPROVAL A complete set of the Conditions of Approval for the project adopted by the Planning Commission (as set forth in Resolution 96 -318) 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. The final Conditions of Approval will need to be modified to address the addition of two units to the entitlements and other minor plan modifications. Addendum Analysis -10 CEQA MITIGATION MONITORING PLAN AB 3180 (Stats 1988, ch. 1232), which became effective on January 1989 and has been codified as Public Resources Code Section 21081.6, now requires that, along with the adoption of the findings specified in an environmental document, the lead agency must also adopt a "reporting /monitoring program to ensure compliance during project implementation." A mitigation monitoring program has been prepared for the proposed project. Copies of this Plan are available for review at the City of Moorpark. The Plan requires that an Environmental Quality Assurance Program be prepared and implemented (to be funded by the applicant) to assure that the large number of complex conditions required of the project are properly implemented. Addendum Analysis -11 Appendix 1 Revised Site Plans Addendum Analysis - ?2 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. RPD -94 -1 CONDITIONS OF APPROVAL I. DEPARTMENT OF COKKUNITY DEVELOPMENT CONDITIONS Permitted Uses 1. The Residential Planned Development (RPD) Permit is granted for the .. ,land and project identified as Moorpark 'Country Ciuti "Estiates'Reeidential i�roject: General Plan Amendment No. 94 -1, Zone Change No. 94 -1, Phased Vesting Tentative Map No. 4928, and RPD Permit No. 94 -1. The location and design of all Bite improvements shall be as shown or described on the approved Vesting Tentative Map (Sheets 1-4), RPD Permit conceptual landscape plans (Sheets 1 4) : $ ... 1 �.......:.: >::; q Ta i ...AN, Design GU3- e'lines (pit aciimerit 'I)'�' "'and'"''approved 'm t' ga on monitoring program (Attachment 2), except or unless indicated otherwise herein in the followinq conditions.;:>: el>.:>:::::>:::>::: 31>:< ►:;::::e:: »:33�d:<:: >te::::::r� City and Other Aaencv Reaulations 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; aa*d all requirements and enactments of Federal, State, nt and City ... .............................. County, t33 di3 grid all Such requirements `and enA:d merits ..... Sh, by reference, becoiine 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. Use Inauguration 4. Unless the project is inaugurated (rough grading and installation of major drainage systems, reclaimed water, sewer and potable water infrastructure, and "C" Street from Walnut Canyon Road to Grimes Canyon Road completed), not later than three (3) years after this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his discretion, grant up to one (1) additional year extension for project inauguration, as a Permit Adjustment, if there have been non - significant changes to adjacent land uses and if the Applicant /Developer can document that due diligence has been extended towards inauguration of the project during the initial three -year period. The request for extension of this entitlement shall be made at least 30 -days prior to the expiration date of the permit. Transfer or Assignment of the Permit 5. A transfer of this Residential Planned Development Permit (RPD) shall not be effective until the name and address of the transferee and the date when such transfer shall take place, together with a letter from the new owner certifying agreement to comply with all conditions of this permit is filed with, and acknowledged in writing by the Director of Community Development. No later than ten (10) days after change of ownership or lessee of this property, the Director of Community Development shall be 1 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 notified in writing, of the new owner or lessee. The same letter shall state that the new owner or lessee has read all conditions pertaining to this Permit and agrees with said conditions. Prohibited Uses /Modification to Permit 6. All facilities and uses other than those specifically requested in the application for Vesting Tentative Map No. 4928 and RPD Permit No. 94 -1 are prohibited. The location and design of all site improvements shall be as shown or described on the approved Vesting Tentative Map, and the attached Design Guidelines (Attachment 1). Other configurations, phasing, lot sizes or dimensions, or designs are prohibited unless an application for a Modification has been approved by the City of Moorpark. Any minor changes to this permit shall require the submittal of an application for a Minor Modification and any major changes to this permit shall require the submittal of a Major Modification as determined by the Director of Community Development. Severability 7. If any of the conditions or limitations of this permit are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 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. Condition Compliance Costs RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 10. Environmental Quality Assurance Program 11. The mitigation monitoring program shall be enforced through implementation of an Environmental Quality Assurance Program (EQAP) as recommended in the approved mitigation monitoring program. The EQAP shall be implemented through the City. The Applicant /Developer shall pay for 100 percent of the City's cost, including administrative fee, to hire a qualified consulting firm to monitor grading, construction, and mitigation compliance. General procedures governing the EQAP, which implement California Environmental Quality Act (CEQA) Mitigation Monitoring Requirements, shall govern this monitoring effort. Zoning Clearance 12. Prior to submittal of construction plans for plan check or initiation of any grading or other construction activity, a Zoning Clearance shall be obtained from the Department of Community Development. Three complete sets of all final construction plans (including but not limited to grading and drainage plans; plot plans; signage, fencing, and wall plans; and landscaping and irrigation plans) shall be submitted to the Director of Community Development for Zoning Clearance review and approval. Hold Harmless Agreement 13. Prior to Zoning Clearance approval, construction plans may be submitted to the Building and Safety Department and City Engineer for plan check with a City approved Hold Harmless Agreement. Citywide Traffic Mitigation Fee 14. The Applicant /Developer shall pay a Citywide traffic mitigation fee of $3,000 per dwelling unit, prior to issuance of a Zoning Clearance to allow plans to be submitted for building permit plan check.'' >cI$ €'.d s RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 Homeowners' Association Formation and ODeration Requirements 17. Consistent with the requirements of Vesting Tentative Map No. 4928, this permit requires the preparation of Covenants, Conditions and Restrictions (CC &R's) and By -laws establishing a Homeowners' Association for the residential development. The CC &R's shall identify the maintenance responsibility for, but not limited to, maintenance of all streets, parkway and median andscaping; bus stops; `;;:;;::; `';' ": `: €.;ate any i%......s.... common- shared driveways; all storm drains and channe's''''anc'' any slope directly affecting drainage or street facilities (collectively "Common Maintenance Areas "). 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 annexed, at the City's option, to as semist laq ity Assessment district. The total cost ... .. of the maintenance provided by the Assessment Districti'':k s ul a v? [ shall be borne b the property owners w tY n the entire Vesting MaD No. 4928 gareai< ># >: >►: >: CC &R's and Design Guidelines 18. 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 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 :: �d t 3'r ti j applications for residential construction. CC &R Requirements for Construction The following shall be included as requirements for construction in the Design Guidelines: a. 100 -Foot Basement: No structures of any kind or size, with the exception of drainage structures and infrastructure required by the City or other public agency, shall be allowed within the 100 -foot non - buildable, restricted -use easement, shown on the Vesting Tentative Map and required to be recorded in conjunction with Final Map approval. The landscaping within such easement shall be consistent with the Fire Hazard Reduction Program that is required to be prepared prior to recordation of Phase 1 of the Final Vesting Map (reference Ventura County Fire Prevention District conditions). b. California Administrative Code: All residential units constructed in the subdivision shall comply with Chapter 2 -53 of Part 2 and Chapter 4 -10 of Part 4, of Title 24 of the California Administrative Code. C. Earthquake Design Requirements: All habitable structures shall be designed according to the most recent UBC requirements to RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 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; 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. 5 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 n. Asbestos Prohibited: No asbestos pipe or construction materials shall be used in the development of homes associated with this permit. o. 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. p. 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. q. 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. S. 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 Streetscave Standards and Neighborhood Design Form 19. Both the eastern and western "i'! 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, 11 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 eucalyptus, and olive trees. Other street tree plantings shall be consistent with the Ventura County Guide to Landscape Plans. The Director of Community Development shall review and approve all gateway, streetscape, and street tree planting programs for the project prior to Zoning Clearance for the first residential unit, and all such landscaping for each approved phase shall be installed prior to the first occupancy for that phase. Ridge Setback and Plantin 20. The eastern perimeter of the project shall be setback from the ridge system visible along Walnut Canyon W.A. Landscaping around this ridge system, once it is restored, shall eiriphisize 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 alonq this perimeter. Grading Restrictions for Easterlv Residential Lots 21. Pes -meets -, 2-, --3, 28, and 29-, '*he rough grading plan shall include a contoured berm that will screen views of ix1ftra xraip cx'f homes on- #.#ma�se lots ':. i+ from Walnut Canyon" Road: tfi 'Design Guidelines and CC&R's shall* include 'a' requirement that the homes on lots ': #::be one -story with a maximum ...:. height_ of 25 feet, and that the : ]: RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 detailed information shall comply, to the extent feasible, with the design guidelines and development standards contained in the City's Hillside Manaaement Ordinance. The €ee --R-PB Pesente Des lea GuideI in es is , 4 ........ ...:... ...:...:....#.:. ...... 6kh rig . Lihdaca aping, streetaca itture o c res3deritaT units, lighting, and all other Design Guidelines ..... subaects shall be provided to the Director of Community Development...' proposed CC &R's and prior to lot sales. The street %pidthey Btreetseape sattewfis, lighting, ay eaafteept €9u th" yesideikial 2waa8 ah-& Lighting Restrictions 25. 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. > >< € >tr1'«'' €> 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 26. 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 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 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 0 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 manufactured slopes three (3) feet or more in height, replace mature trees lost as a result of construction, and provide a landscaping pattern along the streets and entranceways that resembles a rural ranch design. The Landscaping and Irrigation Plans shall include landscaping specifications, planting details, and design specifications consistent with the following requirements: a. Irrigation: All landscaped areas shall have an irrigation system. The City's landscape architect shall certify in writing that the landscape and irrigation system have been installed in accordance with the approved Landscape and Irrigation Plans. 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. 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. f. Dominant Street Tree A coordinated tree planting program shall be develo ped ti 3a ten, nand s$see f ee �r hh n .....i; e.....sesi ehe is e€ the — pr-e�d develcr::cnt. Dominant street trees shall vary between residential streets to provide aesthetic diversity within the development. g. Landscaping Near Intersections: Landscaping near street intersections shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. h. 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. i. 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. 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. Maintenance and Replacement: P>'r< >s > >e;' >srx >_ RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 1. Maintenance Easements: The Applieant /Develepev shall agree —fie designated — landseape —areas as detem.teed b — the —Gity The he Eight a pretest the affieunt; bar —the situ-. The App! leant /Deve!epee shall reeerd a eavena t to thin Afflant rgvq 10 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 o. 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. p. 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. q. Turf Plantings: Any turf plantings shall be drought tolerant, low water -using varieties. Surety for Rough Grading 27. A rough grading permit shall not be approved until the City Engineer, and the Director of Community Development approve the acceptance of a Performance Bond to guarantee implementation of the erosion control plan, construction of "C" Street and all related improvements including ...::.. :..;.....:;:.;:.;> :.....;.; ;.;............................... . �:�iu�::<: >:��ev;: � drainage improvements; imp ementa ion and maintenance of habitat restoration (as required.... by the mitigation monitoring program) f-l=xet €en s€ eff site eiveelatien LWL-evemeebsTand full reeerdatlen eF the Final Vesting map few the anti=" Dr-Gieet Site. 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 effect for a minimum of one year following rough grading to ensure adequate erosion control and revegetation. Surety for Common Maintenance Area Improvements 28. 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 i.mprovements:ft ea#!ssaee e�f tie resit. x3e?e#s including, but not limited "to perimeter tract walls "'( riclud rig..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# 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 for one year after the last occupancy 'd WWWO i%�7tiaiate f eaI3 to guarantee that items such as, but not limiter# to; perimeter '- tract walls, including stucco treatment, 11 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 landscaping, fences, slope planting or other landscape improvements are maintained. Surety for Reclaimed Water Facilities and Infrastructure ..................................... ............................... 29. Reclaimed water shall be used for all <s' "';ytCommon #3e &n..Area landscaping irrigation. Pr, o to rough grading permit approval; the City Engineer shall require a surety be" for the construction of the reclaimed water facilities and infrastructure. Landscaping Requirements for Individual Residential Lots 30. The CC &R's and Design Guidelines shall include landscaping requirements for each residential property. Prior to the issuance of a Zoning Clearance for each residential unit or phase of residential development, three sets of Landscaping and Irrigation Plans shall be submitted to the Director of Community Development for review and approval. The Landscaping and Irrigation Plans shall be prepared by a State - Licensed Landscape Architect and shall be in accordance with the Ventura County Guide to Landscape Plans, and applicable City policies, plans and ordinances. The applicant shall bear the full cost of plan review and final inspection. The Landscaping and Irrigation Plans shall include landscaping specifications, planting details, and design specifications consistent with the following requirements: a. Landscaping Near Intersections: Landscaping near street intersections shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. b. Security: Landscaping shall be designed so as to not obstruct the view of any exterior door or window from the street. C. Trees Prohibited Under Street Lights: Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. d. Irrigation: Irrigation shall be provided for all permanent landscaping, as identified in the approved landscape plan. The CC &R's shall include landscape maintenance requirements for homeowners, including replacement of any dead plants, and any necessary repairs to the irrigation system, consistent with the approved landscape plan. e. Exotic Plants Prohibited: Exotic plants which are known to spread beyond their original plantings and invade native habitats such as Pampas Grass, Spanish Broom, and Tamarisk shall not be used. f. Turf Plantings: Any turf plantings shall be drought tolerant, low water -using varieties. He " f- Perimeter Property Line Fencing /Walls 31. 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. Boundary erimeten geasier} malls shall be instarled -gvlev fe the € }ash residential eeeepaney in ea" phase. The —Per ffiQ_*,c_QrF _laau„Qa6y Seflelwg adjaesat to agwleultural sened 12 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 Location of Property Line Fencina /Walls 32. 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 33. The interior noise levels of dwelling units on lotsti adasee -te street and-, Walnut Canyon and Grimes Canyon Roads shall'conf'orm 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 StEeety 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 34. Rough and fine grading permits shall be required to complete construction of required residential and golf course infrastructure and lots: 1) a mass or rough grading permit may be approved prior to recordation of Phase 1 of the Final Vesting Map, subject to submittal and approval of a grading agreement, compliance with other conditions of a roval " ", an provision of surety .... ee.... at gat o i...cs .X.��xxer'oz.i and 2) subsequent fine or precise grading permits shall be issued for individual phases of the Final Vesting Map. Contour Grading 35. 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 13 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 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 36. 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 d0ii3i3'i;.:;, ::.; „< unless X. drought tolerant plants selected do not require "permanen .......... rrigation. Stabilize Slopes 37. Planned vegetation, irrigation, structures, roadways, paths, and continuing maintenance programs shall be used to stabilize manufactured slopes. Aesthetic Treatment of Manufactured Slopes 38. 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 Structures 39. 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 40. Prior to approval of Phase 1 of the Final Vesting Map, the Applicant /Developer shall work with Waterworks District iii. 1 to ensure that any water tank on the project site shall be painted an earthtone color, such as tan, and screened with landscaping to minimize visual impacts. The tank color and landscaping plan shall be approved by the Director of Community Development prior to installation. Calleguas Municipal Water District Release 41. 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 and Regulations, including payment of all applicable fees >. ...... . >:.;,.. Cross Connection Control Devices 42. 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. 14 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 Television Cable Service 44. 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. Undergroundina of Utilities 45. Prior to approval of any phase of the Final Vesting Map, the subdivider shall post sufficient surety bead 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 46. declare a devel'd dht ..... 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, Owners' Association, 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 47. 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. 48. PwiGE to 10GUAR69 Of -a-be ldifig pemit - €er any phase e€ the PFejeet, - the shai! pay a1i sebesl assessment fees levied by the II. CITY ENGINEER CONDITIONS OF APPROVAL 15 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 PRIOR TO ISSUANCE OF A GRADING PAPHIT FOR ROUGH GRADING, TIC FOLLOWING CONDITIONS SHALL BE SATISFIED: 49. The Applicant /Developer shall have received City Council approval for all phases of'4 >Naet Map 4928 and the staged grading exhibit and ..................... schedule. General Requirements PRIOR TO OCCUPANCY OF THE FIRST RESIDENTIAL UNIT THE FOLLOWING CONDITIONS SBALL BE SATISFIED: 52. 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. Street Improvements Walnut Canyon Road: 55. Prior to occupancy of the first residential unit of Tract 4928, the developer shall have improved Walnut Canyon Road :: >:3J6jj]it' i : >: ?�iC V Grimes Canyon Road: 16 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 56. 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 57. 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. Interior Streets: 58. Prior to occupancy of the first residential unit of Tract 4928, "C" Street shall :.;.;:;.::>:...,...;:.::.::;::;....;.;:.;....:.::<:.:::> .. ....::.:::..........: be completed : >:a<::�tu�::��4.:. ..R»<:: °:? °ci I foot sidewalk d as :t tl et equt3 ..................... ::::::..... .... 2 -eight (8) foot bikelanes 2- twelve (12) foot travel lanes Left Turn Pocket at all Cross - streets .................. Arstop sign shall be provided at the intersection of "C" Street and the clubhouse entry drive. #xr.dtai ............. *O "t .. ... , :..; ....R... ,.. :.. :..., :.. :...,... ... a tunnel shall be constructed' under' C" Streets aorTi "oe xis :ninth hele green, to allow golf course users to cross uricler he roadway: "`';A tunnel, or similar underbridge accessway, shall be constructed under the "C" Street bridge tai'':connect::' ::::;;:the 14th and the 15th holes for the West golf course 17 RESIDENTIAL PLANNED APPLICANT: BOLLINGER March 11, 1996 60. DEVELOPMENT PERMIT NO. 94 -1 DEVELOPMENT CORP. All interior streets shall be completed as the phasing plan requires and as directed by the City Engineer. Utilities 61. Utilities, facilities and services for the project area shall have been extended and /or constructed, in conjunction with 4" phased development v y the master- developer, as the project proceeds. 62. 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 TEX P10LLOWZNG CONDITIONS SHALL APPLY 63. 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. 64. 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. bas Wer-k ee ndueted dua -Inn the se :ee!— Team• shah be eeePdiea #eF4 wi#lq tore Meer atle Wn444:ed seheei Bi9tr4:et and the Gity 66 A14 tElaeks imrnrti6n eiEpei-tinq fill to er- €L-em the T -L-aet sit&!! use ta*paullns to_ e the lead and shall efwL-ate between the heeL-s of 9 a-fa. 67. All unimproved areas with vehicle traffic shall be watered periodically and the vehicle speed shall be limited to 15 mph. 68. During site preparation and construction, minimize disturbance of natural groundcover on the project site until such activity is required for grading and construction purposes. 69. During clearing, grading, earth moving or excavation operations, dust emissions should be controlled by regular watering:::.... '. " :.....:.:::::::::....:..:....:. g g %i WG:. t5�E, 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: 18 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 a. Water all site access roads and material excavated or graded on or off -site to prevent excessive amounts of dust. Watering shall occur r: ## at least two times daily, preferably in the late morn- . ina and after the completion of work for the day. H C►#?33 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 t (.APCD) meteorologist for current inforn at' ori".abodt ..average wricY' 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. 70. The i..... eveloper shall request that all employees involved in grading opera£i'ons on the project wear face masks to reduce the inhalation of dust which may contain the fungus which causes San Joaquin Valley Fever. 71. Maintain equipment engines in good condition and in proper tune as per manufacturers' specifications to prevent excessive emissions. 72. All diesel engines used in construction equipments should use high pressure injectors. 73. All diesel engines used in construction equipments should use reformulated diesel fuel. 74. 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. 19 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 75. During site preparation and construction, construct temporary storm water diversion structures per City of Moorpark standards. 76. 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. 77. Immediately surrounding property owners shall be notified in writing on a monthly basis of construction schedules involving major grading. 78. Construction activities shall be limited to between the following hours: a) 7:00 a.m. and 7:00 p.m. Monday through Friday, b) 9:00 a.m. to 5:00 p.m Saturday. Saturday construction will be permitted with these pI mmiLZEMZMM�����No �ttei t;from:�:ad �:acerit' ne'gtil�or::ooc�:s:: are mi...r�r...Yi. �+...asi+s. No work:.to 79. 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. a 80. The x�p eveloper shall ensure that construction equipment is fitted .:...:.......:........:. with modern . sound- reduction equipment. 81. Equipment not in use for more than ten minutes should be turned off. 82. The fuel injection grading of all diesel engines used in construction equipment should be retarded two degrees from the manufacturer's recommendation. 83. Construction grading ahei:vI4 l be discontinued on days for first stage ozone alerts (concentration` °''oi 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 p not resume until the first stage smog alert expires. 84. 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. 85. 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 DWROVAdENTS AND BOND EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 86. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 20 87. The Applicant /Developer shall file for a time extension with the City Engineer's office at least six weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required will be in conformance with the applicable ordinance section. 88. A copy of the recorded Map(s) shall be forwarded to the City Engineer for filing. 89. Sufficient surety in a form acceptable to the City guaranteeing the public improvements pertinent to each phase shall be provided. 90. 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. 91. 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 MIOORPARK POLICE DEPARTMENT CONDITIONS 0QWS2!RUC'TICW BITE SECURITY DURING GRADING OPERATIONS AND DURING CONSTRUCTION OF INDIVIDEULL RESIDENTIAL UNITS: 92. A licensed security guard is required during the construction phase, unless a 6 -foot high chain link fence is erected around the construction site. 93. Construction equipment, tools, etc., shall be properly secured during non- working hours. 94. 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. 95. If an alarm system is used, it shall be wired to all exterior doors, windows, roof vents or other roof openings where access may be made. 96. Contractors and sub - contractors shall contact the Moorpark Police Department for "Tailgate" meetings regarding loss prevention on the work site. PRIOR TO ZONING CZLAR]INCE /BUILDING PEROIIT: 97. Lighting plans showing the type and location of all lighting devices shall be submitted to the Police Department for review and approval. 98. At major and minor entrances and any where a wall exists, the area directly in front of the wall shall be planted with security planting to prevent graffiti. 99. Front door entrances or entrance areas shall be visible from the street. 21 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 PRIOR TO ISSEMXCE OF AN OCCUPANCY PRRIQT, THE MLLOWXJWG CONDITIONS SHALL BE SATISFIED: 100. The address shall be clearly visible to approaching emergency vehicles, a minimum of 6 inches in height, and illuminated during hours of darkness. 101. 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. 102. 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. 103. No easy exterior access to the roof area of any structure, i.e. ladders, trees, high walls, etc. shall be permitted. 104. 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. 105. Peep holes and secondary locking devices shall be placed on all entry doors. 106. 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 a. The vegetation management requirements of the plan shall be clearly defined. The r-3;-h Estates Eiomeowners " "Aeeoc at' on 'iihall 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 pEavided within 199 feet e€ all se -riretQres. The —sese w}'] be designed by and planted under the 22 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 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. 108. 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. 109. 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. !IQ. it deemed nesesoaEy by the Plotelet, prier te veeerdatien ef the _61-yet- phase ef the F-in-a-1 Vesting Map, the p6ejeet shall in-e-Jude a hellepet 111. All grass or brush exposing any structures shall be cleared for a distance of 100 feet prior to framing. 112. An approved spark arrester shall be installed on all chimneys. Road and Driveway Requirements 113. 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. 114. 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. 115. Access roads shall be installed with an all weather surface, suitable for access by Fire Department apparatus. A eia"&am eleae- street width 9&-3.6 9"At Qhal l be a s n.. i a t — g^rs ^vYsv ^ov■ vvx v ^o evv6 6�38�� �6 8 111�i3iiilHEfF A� �� �6ea-�Fi�Or 23 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 118. 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. 119. Access roads shall not exceed 15 percent grade. 120. 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. 121. 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. 122. 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. 123. 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. 124. All driveways shall have a minimum vertical clearance of 13 feet 6 inches, and this requirement shall be included in the CC &R's /Design Guidelines. Fire Hydrant /Fire Flow Requirements 125. 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. 126. 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. 127. 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. 128. 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. 24 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 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. 129. All grass or brush exposing any structures shall be cleared for a distance of 100 feet prior to framing. 130. An approved spark arrester shall be installed on all chimneys. California Administrative Code (Title 24- Section 2.1217 Requirements 131. Portions of this development may be in a hazardous fire area and those structures shall meet hazardous fire area building code requirements. 132. The Design Guidelines shall include a requirement that prior to preparation of building plans for new residential structures or additions to existing structures, the architect shall obtain VCFD Form No. 126, "Requirements for Construction." V. VXNTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITIONS 133. Prior to City approval of any grading permit for the project, the Applicant /Developer and the District shall enter into a contract for the relocation and /or modification of the existing wells on the property. The relocation plan shall address well locations, provisions for drilling additional wells if necessary (if existing wells are damaged during construction), relocation of conveyance structures, and other matters of mutual concern. A copy of the approved contract shall be submitted to the City. The Applicant /Developer shall be responsible for complying with all terms and conditions of the relocation contract. 134. Prior to issuance of a grading permit, the proposed infrastructure plan for the project shall be designed to place all required sewer and reclaimed water conveyance facilities in the Gabbert Canyon alignment. The Applicant /Developer shall obtain all necessary right -of -way and easements to install the required infrastructure in this alignment. The Gity 135. Prior to issuance of a Zoning Clearance for a building permit, the applicant for service shall comply with the Ventura County Waterworks District No. 1 "Rules and Regulations" and any subsequent additions or revisions thereto. Ultra low plumbing fixtures are required in all new construction. Any requirements by the Fire Protection District, that are greater than Waterworks District No. 1 existing facilities are the responsibility of the Applicant /Developer. 136. Waterworks District No. 1 has an existing water transmission line, which shall be relocated at Applicant /Developer's cost, as approved by the District. 137. The Applicant /Developer shall be responsible to construct and pay for the required in -tract and off -site water, reclaimed water and sewer improvements necessary to serve the property. 25 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 138. Applicant /Developer shall be required to pay all applicable water capital improvement fees and sewer connection fees in accordance with the District's Rules and Regulations. VI. VENTURA COUNTY FLOOD CONTROL AND WATER RESOURCES DEPARTMENT CONDITIONS pill 1411.610 -OUN -000 W -- - • 26 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94-1 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 VII. MITIGATION MEASURES APPLICABLE To THE RPD PERMIT 146. The approved Mitigation Monitoring Program is included as Attachment 1, and all mitigation measures are requirements of the RPD Permit, as applicable. Some of the adopted mitigation measures are duplicates or very similar to staad-a con ditions of approval. In cases where a *i mitigation condition conflicts with-a*eW*er- bondition of approval, the stricter or more specific eand—Itlen ::4044 A a apply, as determined by the Director of Community Developmen . u" the condition compliance ......... :E ..... wring review for each phase of development. 27 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 ATTACHMENT 1 MOORPARR COUNTRY CLUB ESTATES PROJECT MITIGATION MONITORING PROGRAM (To be added after City Council approves Final Mitigation Monitoring Program) 28 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 94 -1 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 ATTACHMENT 2 MOORPARK COUNTRY CLUB ESTATES PROJECT DRAFT DESIGN GUIDELINES FOR RESIDENTIAL DEVELOPMENT 29 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 VESTING TENTATIVE MAP NO. 4928 CONDITIONS OF APPROVAL I. DEPARTIO;NT OF COMIUNITY DBVEMPHENT 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), and approved mitigation monitoring program (Attachment 1), 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 policiea`;e#1 supersede all conflicting notations, specifications; dimerisi:ons" "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:: :::...............................::.:.:.:.:::.::::::::.:..:.:. ::::.:::..:.::.::::.:::::::.:.. ap Acceptance of Conditions 6. Recordation of this subdivision shall be deemed to be acceptance by the subdivider, and his heirs, assigns, and successors of the conditions of this Map. Reference Conditions of Approval on Final Map 7. A notation which references approved Conditions of Approval shall be included on all phases of any Final Map in a format acceptable to the Director of Community Development. Severability 8. If any of the conditions or limitations of this subdivision are held to be invalid, that holding shall not invalidate the remaining conditions or limitations set forth. 1 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 Expiration of Vestina Tentative Ma 9. This Tentative Map shall expire 3 years from the date of its approval. The Director of Community Development may, at his discretion, grant up to three (3) additional one (1) year extensions for map recordation, if there have been non - significant changes to adjacent land uses and if the subdivider can document that due diligence has been extended towards completion of map recordation during the initial 3 year period of map approval. The request for extension of this entitlement shall be made in writing, at least 30 -days prior to the expiration date of the Tentative Map. 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. VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 Outstanding City Case Processing Costs 14. The subdivider shall pay all outstanding City case processing and environmental impact report related costs, prior to.i of a grading Permit: " al "tap Environmental Ouality Assurance Program 15. Prior to rough grading permit approval, any phase, the subdivider shall submit a review and mitigation monitoring :0- enforced through implementation``an Program (EQAP) as recommended in the program. The EQAP shall be implemented 0U..' a contract specialists' be and'" "mitigation compliance. Zoning Clearance and approval of a Final Map for deposit for condition compliance The monitoring program shall be Environmental Quality Assurance approved mitigation monitoring through the City;t! retained to monitor" oonetruct "ion 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. Conditions, Covenants and Restrictions (CC &R's) 20. Covenants, Conditions and Restrictions (CC &R's) and By -laws establishing a- Master Owners' Aeoesia ea fee the PL28pesed Pee set aeea -as -, well as - e dx €;:Homeowners' Association# for the residential development­ " -sha1Y be "- prepared. The FG &B's €er- the Hasten Owners VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 CC &R's to Include Applicable Conditions of ADDroval 21. 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 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' Association' 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 applications for residential construction. Review of Draft CC &R's 22. 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 Councilr':<s#:s >i of the CC &R's submitted for City review. Prior to sale of any lots, -the CC &R's shall be approved by the State Department of Real Estate and then recorded. Approval by the City shall not be construed to mean that the City has any obligation to enforce CC &R's. Modification of CC &R's 23. The v..ste Owners' T ..L 1 o .i the Homeowners' Associationo: 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, RPD Permit:::::::::. - and CUP':'!ii Sixty (60) days notice must lie given to the" "City' "off the intent` to modify CC &R's. Further, it is the sole responsibility of the f#Awt�er� = Homeowners' Associations to enforce the CC &R's. Requirements to be Included in CC &R's 24. The following shall be included as requirements for construction in the CC &R's /Design Guidelines: a. 100 -Foot Basement: No ustructures 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- 4 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 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 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; 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 shall be appweved by the Digester Gg GeffiWmalty Deve, .._ -nt to ensure t "" with the Design Guidelines and with adjacent "3eveTopment "'... 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. 5 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 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. p sg- andoriveway Reai£emente-1 - three (.3) ear- gar-age, with a faini um inside -d- near €ee s€ 39 feet iii %# -Wth by 29 feet in length, and a mi ninum inter-ier- height of 8 feet, shaii te- pr-evjdad -€e =ii single €affilly heroes with driveway assess eats "G" Street in additieft, eveNy -::e fete €r-enting Ante "G"' Street Shaii h '' '' e€leeted en the —Finai map. hil ether- singie t.._' , dwa-3-1-ings shall hQve- a-- Mieim I -m- 4 4 0; e --(2 ) Gar- gar-age with - a miniffilim inside dimension of 29 feet in length and 20 feet in width, and a minimum inter-ier- height of A- —feet - n. Asbestos Prohibited: No asbestos pipe or construction materials shall be used in the development of homes associated with this subdivision. o. 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. p. 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. q. 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. GG&R's Review CGS 0 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 a t7 stn � a th ait rTk►6 81i�3filiVi6le�' shall be �'6$13xsov vv �ra�Q "sa4vvv- �ivar�rvT AttzeL2aey and Department e€ Gerawmaity Bevelepment eeview e€ the p eje" GGraR e pr4or to appeeval es *Whe €ir-st, i9hase a€ the €'final J.XQR ; -- map 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 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 all golf course lots, PfP her to appreval of the first phase a € F4:ftal S he etibdlvielerz shall eieeeute a eevenaat 6t-11• of $3,000 for each dwelling unit, prior to issuance of a to allow plans to be submitted for building permit Dlan '' 'za 0. c mitigation fee Zoning Clearance check. ' VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 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 may be approved prior to recordation of Phase 1 of the Final Vesting Map, subject to submittal and approval of a*<i± grading agreement, compliance with other conditions of approval, and provision of surety � a_ty H__:_.._ -, and 2) subsequent fine or precise grading permits shall be issued for individual phases of the Final Vesting Map. Contour Grading 33. Final precise or 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 elope 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. Pn1GUs 1,- 2,.-3, 28, aed 293, T he rough grading an sh g..... g ........:..:::: g.::: p:.al:l.:.:include a contoured berm that will screen views of ?'•:; " ti ?iqT a homes on -these lots ':' s ....... ... # :,.,from "` 1alnut daft on "•load. N `Design Guidelines and Ccors' 's2iil "'' nclu #e 'a` `requirement that the homes on the abeve Eefewene lots; be one -story with a maximum height of 25 feet, and that the landscape plan for these lotB;:: 3 shall emphasize screening views of domes" and project grading from Nlalnut Canyon Road. Lem- 89madaysJ Reyiele•ne fer- Lets 1 2,-a d 2!6- 3:7 The east faelaq slepe aveas ter lets 1-, 2, a, and 216 shall be !H8G6PGE"8d 1"9 9GIf 60u6se let No. 216 and maintained by the east 99-14 use- eperatee —ae a— eandltlen e€ the —GBP. M VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 Gateway Entrance Monumentation, Streetscape Standards, and Neighborhood Design Form 38. Both the eastern and western ........... : entrances to the proposed project shall provide residential an"golcourse community entry monumentation, appropriate landscaping at entry points, and golf course signage. A sign program shall be submitted to the Director of Community Development for review and approval prior to the first residential or golf course occupancy. An orderly and consistent street tree planting program shall be required for both entranceways to provide a landscaping pattern that resembles a rural ranch entry road design. Trees shall be spaced at equal intervals or clustered as approved by the Director of Community Development. Recommended tree plantings for these entry points and along "C" Street shall include the non - natives typically used in ranch settings for entryways including pepper, eucalyptus, and olive trees. Other street tree plantings shall be consistent with the Ventura County Guide to Landscape Plans. The Director of Community Development shall review and approve all gateway, streetscape, and street tree planting programs for the project prior to fine grading permit approval, and all such landscaping for each approved phase shall be installed prior to the first occupancy for that phase. Ridge Setback and Planting 39. The eastern perimeter of the project shall be set back from the ridge system visible along Walnut Canyon #W.. Landscaping around this ridge system, once it is restored, shall enp asize reestablishment of existing native and non - native habitat (such as naturalized ranch tree species). The landscaping program on the eastern perimeter shall emphasize restoration of the existing vegetation and on the west side, the program shall emphasize the use of variable sized, tree lined streets to minimize the adverse effects of the urban design planned along this perimeter. Temporary Irrigation for Erosion Control Landscaping 40. Temporary irrigation shall be provided for all non permanent erosion control landscaping until it is replaced with permanent irrigation unless otherwise approved by the Director of Community Development. Temporary irrigation must be replaced with permanent irrigation prior to issuance of a Zoning Clearance for the first building unless drought tolerant plants selected do not require permanent irrigation. 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>:.. • :.:Q! >:::::;)b ;:; ::< ;::::::::i3s7::::1:: 3 Surety for Rough Grading 43. A rough grading permit shall not be approved until the City Engineer, and the Director of Community Development approve the acceptance of a Performance Bond to guarantee implementation of the erosion control plan, VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 construction of "C" Street and all related improvements incl land s caging; drainage inproverierits ':inplemenfaon and maintenance of habitat ..........:.:. restoration (as required by the mitigation monitoring program) and full the -9-in-a-3 Vesting map fee than efiQtfre Feejeet site. 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 effect for a minimum of one year following rough grading to ensure adequate erosion control and revegetation. Surety 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 }s --nee .r a In QQ=hifiaa�Q Of . case of failure to comply iaith ..any"t'erm or provision of this condition, the City Council may by resolution declare the surety forfeited. Upon 3uf' completion of the required improvements to the satisfaction of the ty the City Council may reduce the amount of the bond; however, the bond must be kept in fulli<? effect for one year after the last jtoccupancy 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. Tree Report 47. Prior to approval of Phase 1 of the Final Vesting Map, the Tree Report for the project area shall be completed to provide � j ;; ;the health and 10 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 replacement value for all mature and oak trees as required by the City Municipal Code and to clearly identify the location of trees that will be impacted and any that can be saved. Landscaping Requirements 48. Prior to rough grading permit approval, complete landscaping and irrigation plans (2 sets), together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect for the Common Maintenance Areas for "C" Street. The landscaping and irrigation plans for the Common Maintenance Areas for the residential development shall be prepared prior to recordation of the applicable phase of development. The landscaping and irrigation plans for the golf courses and clubhouse area shall be prepared prior to recordation of Phase 1 of the Final Vesting Map. All landscaping and irrigation plans shall be generally in accordance with the Ventura County Guide to Landscape Plans, and shall be submitted to the Director of Community Development for review and approval. The subdivider shall bear the cost of the landscape plan review, installation of the landscaping and irrigation system, and of final landscape inspection. All tree replacement, common area landscaping, and permanent erosion control landscaping shall be installed and receive final inspection prior to issuance of an occupancy approval for the first residential unit or golf course in each phase, as applicable, with the exception that all streetscape landscaping shall be completed within 90 days of completion of the related course street base. Planting and irrigation specifications shall be included for all manufactured slopes over three (3) feet in height, and all Common Maintenance Areas proposed to be maintained by the Homeowners' Association. The purpose of the landscaping shall be to control erosion, prevent aesthetic impacts to adjacent property owners, mitigate the visual impacts of all manufactured slopes three (3) feet or more in height, replace mature trees lost as a result of construction, and provide a landscaping pattern along the streets and entranceways that resembles a rural ranch design. The Landscaping and Irrigation Plans shall include landscaping specifications, planting details, and design specifications consistent with the following requirements: a. Irrigation: Irrigation shall be provided for all permanent landscaping identified in the approved landscape plan. The subdivider shall be responsible for maintaining the irrigation System and all landscaping until such time as a ownersa, �r'oCa<t' <e#1 district, or similar entity accepts tie 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. 11 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 e. Streetecape Appearance: All landscaped pedestrian walkways shall be designed to provide an aesthetically pleasing streetscape appearance. All pedestrian walkway plans shall be subject to approval of the Director of Community Development. 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 P ......;• .....:.;:.:.:.;:.::::::: deminan a €' eet`> ee :::w t n::::: Iie::::`eesi� bate- e€ the Fsepesed de-veiepment 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. Maintenance and Replacement: Prior to ............. t&4GAi` `lsi[ >dietrict or similar entty''a " acceptance of'" responsibilit.........or" .` the landscaping, the subdivider shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the subdivision. m. Maintenance ance Bas ....�i...str.ii..+�...fcsr 12 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 M LZ Native and /or Draught Tolerant Plantings: The use of native and /or drought - tolerant shrubs and trees shall be utilized for landscaping purposes in order to stabilize graded slopes and encourage the return of some wildlife species displaced from the project site as a result of grading activities. Any turf plantings shall also be drought tolerant, low water -using varieties. q. Exotic Plants Prohibited: Exotic plants which are known to spread beyond their original plantings and invade native habitats such as Pampas Grass, Spanish Broom, and Tamarisk shall not be used. 13 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 shall approve she- peree" e€ petabie wader to be blended watsrc far the gel€ 0-eUrGe- 96eenewDrLer to sew gwading- eFealt approval, the city Ragi y neeg shall vegwlee y a BUE8tee� €ems —the 00 at r-a at ien 6€ Ohs Wdanl r, iaimad wadua €aci l itieo-- an6- iA9=M94r- 4,'eC4'r_eT Noise Management 50. The interior noise levels of dwelling units on lots jasentfie "6" Sa$eet and- Walnut Canyon and Grimes Canyon Roads skal'1' "''con *form 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 Street, 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) 51. 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 anv kind or size�< >i;3[ >etzss 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 52. 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 53. An offer of dedication shall be made for a 56 -foot future road easement from the terminus of ".�" 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. 14 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 54. Fee ev evy ,e_leto with - vi=ed- deiyeway aeeeee ente "6"' Street, a sAared- in -o-w a eut eaoeeaeat sha-- -he —veee -reed- to Weyli6e vhv— raumhAye 6 - 0Ql' -12 alvv Lseeraleed. Deed Restriction 55. 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 56. The Final Vesting Map shall identify a 20 -foot width multi -use trail easement as shown on the Tentative Map,jat $fib include a typical ............ sectio:. n } - n „'':'shall ; ; include an tj9 €:;offer of dedication fit 339 - ^a 3 ^ All phases of the Final Map shall show the location of the multi -use trail easement. ! Y':::>::: k >:: >::aeYV1:::.:.;i:;::::;:: >:: ::ref:: >;::n�► >:::: >t:7:: Parking Requirements 57. 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 p la_ n /floor P lan ) • In addition ,.ADM "eel provide "that" the .off -site B. Location of Perimeter Property Line Fencing /Walls 58. A perimeter boundary fencing /wall plan is required to be submitted, for Director of Community Development approval, prior to approval of the first phase of the Final Vesting Man. 15 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 59. 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 60. All exterior lighting shall be fully hooded and shielded. Street Lighting Standards 61. 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 62. Prior to approval of Phase 1 of the Final Vesting Map, the subdivider shall work with Waterworks District a':1 to ensure that any water tank on the project site shall be painted`an-earthtone color, such as tan, and screened with landscaping to minimize visual impacts. The tank color and landscaping plan shall be approved by the Director of Community Development prior to installation. Calleguas Municipal Water District 63. 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 Waterworksp Rules and Regulations, including payment of all applica2�Te fees for domestic water sources. Waterworks District No. 1 64. 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. �1e11 Relocation or Modification 65. 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 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. 16 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 Cross Connection Control Devices 66. 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 67. 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 68. Prior to approval of any phase of the Final Vesting Map, the subdivider shall post sufficient surety eeed 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 69 . ' i i s €isC u AMU ui '. etigi ri&6AkA6i 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, Owners' Association, 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 ..:; r:,:.{;!.:.::<:>.;,:,; r..,;;: y,.«; a : >:«:?.i>...vcs:;o#:::::�,!F:41 .. •:'r. rr] rlor Lo Lne L1r 9L oti course occupancy approvalrepl'acement recreation of a total of 3.9 acres of the Valley Needle Grassland habitat shali''be""provided within one or more protected areas of either the east or west golf coursesti :Ci( ��::: and shall be maintained golf course'operator(s) ::;: +. by the 71. 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 17 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 Modification to CUP -94 -1. 72. 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 relict 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 73. 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 74. 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. 75. 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,.';`- ...... . f=td.0 Jl..ki4# epe These artificial springs ' afiaIT' be ' mainta iidd "t6" 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. 76. 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 18 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 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 .; .; ;tins or bare root at the time of"` "plant rig" w tE a- he g'' :. 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 77. A buffer zone approximately 25 feet wide, measured from the top of the bank, shall be maintained adjacent to E ;'all protected drainages identified in the Certified Final Ei 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 0" ; :,..:.;.,.:..,.....;'.::,' has as certified that such work would riot' damage tie' integrity "of the' buffer. Prohibited activities generally include: grading, cut, fill, clearing, landscaping, storage of equipment and materials, vehicular parking and irrigation (except for the establishment of native plants). Required flood- control improvements and bank protection are exempt from this requirement. Mature Tree Protection Requirements 78. 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. 19 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 b. Grading and other activities may occur between the dripline and 10 feet beyond the dripline of every protected tree only if the project appointed City Arborist first conducts a field survey of the situation and certifies to the City that the protected tree will not be damaged by the proposed activity. In addition the Arborist shall monitor these activities while they occur to ensure that the protected tree is not damaged. C. Prior to grading, the grade subject to review by the Arborist shall be staked and otherwise marked as off - limits for activities not previously approved by the Arborist. Also, the off -limit areas shall show on the approved grading plan with notes to the grading contractor on the face sheet of the approved grading plans. d. Prior to grading, the Arborist shall tag and evaluate the health of every protected tree on the site, and develop a program of treatments to ensure the long -term health and survival of the trees. The results of this study shall be approved by the Community Development Director prior to start of grading or land clearing of any kind. Cultural Resource Mitigation Planning 79. A cultural resource monitoring program shall be instituted during the initial vegetation clearance for the project. 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 80. 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 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 81. 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 QN VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 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. II. CITY ENGINEER CONDITIONS OF APPROVAL PRIOR TO XTN&L MP APPROVAL TAN FOLLOWING CONDITIONS SHALL BE SATISFIED: General Requirements 82. All areas to be commonly maintained, as determined by the City, shall be designated as separate lettered lots on each phase of the subdivision map. 83. Recorded Final Maps for each phase of the Vesting Tentative Tract Map (reference Sheet 4 Et' ?z713E >': >!' t;> for the project shall be � > ::::::.:....................... P ...... J.......... ............................... e rmitted .. TJ 13 3 @ : >:' s 21 ?` i e :err ... Each Phase of the Final Map may be filed concurrently or in sequence. Phasing shall be in substantial conformance with Sheet 4 of the approvec Vest' ..... . in Tentative .. .... q ntative MdD. f7ii�ti* �' ��f��>< is�i;.<'.< �: ��> �? r�u[ ti�#' t+saf *1-�s�i�r« >r'a+�t�r����r »; 84. 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. ... s 85. The subdivider shall submit €::: >S "' L` «<for review and a rov N. a staged 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. 86. Upon approval of the Final Map, requests for rough grading permits will be granted in accordance with the px -0�t6d .. ,# .... ... ► 3 `%'fk#1 k#3.. ......?# @3:, as required of these conditions and local ordinance. Subsequent precise or 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. Final Map €ar rPeerd,t ='i i9e peEff�itteel p,- evided that the stibdA:VTQ� 21 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 88. 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 Citv Engineer. 3.....3.....a. The grading. plan . shall that .graded slopes be hydroseeded frFx�t3 Iatz� 1 completion of rough grading., eensistent with the landesape esneept plan, unless fine gradlen fee subsequent phases will alter sails within these areas eensiderably- in eempletien of rough grading, then E41 empesed slope areas shall be stabilized zed en an interim basis with -sell binders, hydreseeded native -pmt materials, er other - appropriate materials, as speeifled by the -gradiong permAt. Any stabilizatien-- pregram shall be eenslstent with the envi*enmental management egtams eutlined In the appEeved mitigat e� meniterIng pregvam far the . The City may specify alternate deadlines for completion of all hydroseedi q.pA�] b ased o h radin schedule ..... ...... a a 90. 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 r Session and Sediment Genteel 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 creek bed reconstruction, preparation of detailed erosion /1# 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 ##'control plan shall be reviewed and approved by the City Engineer prior to the issuance of grading permits for rough grading. 91. The 1rosion ;# ;pediment control elan 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. 22 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 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. 92. To minimize the water quality effects of permanent erosion sources, the following design features shall be incorporated into the project grading plan to the degree determined necessary by the project civil engineer. The City Engineer shall review and approve the grading plan to verify compliance with water quality enhancement features including: a. installation of drainage swales, subsurface drains, slope drains, storm drain inlet /outlet protection, and sediment traps; b. installation of check dams to reduce flow velocities; C. installation of temporary and permanent desilting basins; d. planting of permanent vegetation, including grass -lined swales; e. Installation of drainage courses and storm drain outlets designed to reduce scour; 93. 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 a Vii,, . x x a�pvr CE :; 94. 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. 95. A Master Drainage and Flood Control Improvement Plan 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 23 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 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'CP. AllCztil #`': ?':17�<< ermits a: re uired to implement the ..................... t` P ..... q P :.................. ....:.::.:::::.:...::.:.:...... :.. 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 Haste ,- Plan C ' is completed. The Maste��e ? shall identify what improvements must be completed coincident with the initiation of rough grading. 9 6. .... �.. ?. I. 7k. ���ib�t� �'?��.�:,;:��mprovements 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 eefttaly w4:th the 98. A Bank Protection Plan [ 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 Master- or-ainage and 12!eed E'£�3?. The bank protection devices incorporated into this Plan (?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. 99. Potential locations for hazard remediation shall be identified on the Plan Modifications to the Plan $a required by the City Engineer or the Ventura County Flood Control District, shall be made as requested. The Bank Pi?eteet a nl ��? 'shall also be reviewed by the Department of Fish and Game for compliance .... with 1603 Permit requirements. An approved Bank "'"_t__.; F? shall be completed prior to _____dat __ Irv? of the first phase of the Final Map and prior to issuance of any g• ::. permits. €ems :den } 100. The grading plan shall indicate the locations of all existing habitat and ..:::::::: ::::::..:..:............. other sensitive areas required to be protected dd ' °�3� ..�...... s-pa of the proposed development. A note shall appear on the x41Ftq plan 24 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 indicating all areas within the development where grading or stockpiling is prohibited. 101. 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. 102. All e f f : to sail p t/ pc3: c e'pe =ac =933 B7 3 of t3�3 �33� 8i3 -Heess of 19 t..}_, trueles , eaels, shall vequA: •e— C-euneA1 appEevalpe�6er to theme -e 104. 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. 105. The maximum gradient for any slope shall not exceed a 2:1 slope inclination except where s ecial circumstances exist «<: ;3Edt. In the case of special circumstances where steeper slopes are warranted,lans 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. 106. New slopes adjacent to roadways and development areas shall be graded in such a way that a #3 l 4--! -- contoured appearance in the graded plane shall be provided. Contour grading of all slopes shall be provided ��SX: �3 ........ ... a�1 to the satisfaction of the Director of Community Development and the City Engineer. 107. 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. 108. 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 kLi3dGCJtt 1 ,:.established, and shall minimize rectilinear form. 109. 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 th. rr (3< :may days or the beginning of the rainy season whichever comes first. `1 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 110. 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. 111. Manufactured slopes which are greater than ten (10) be rounded at the top and at the toe of slope topography. At the discretion of the Director of C, side slopes may be exempt from this provision if the not exceed 15 percent of the width of the lot and has of less than ten (10) feet. feet in height shall to simulate natural Dmmunity Development, height of slope does a slope height slope 112. 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 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. 00 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 113. Interior slopes between building pads shall be designed with up -slope property lines. 114. Grading on the perimeter of the site shall not be designed with perimeter downslopes to property lines, unless a homeowners association, maintenance district, or similar entity is established for maintenance of such downslopes. 115. 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 ro ert walls. T� U V ��i�l ��#3Y''3d�����1 > �1! sCi7i >diR> > >r�^ti<�3'Irra Geotechnical /Geoloav Review 116. The subdivider shall submit to the City of Moorpark for review and approval, detailed Geotechnical Engineering and Engineering Geology Reporti� certified by a California Registered Civil Engineer and Geologist 4:n the State of ^-" fe 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. 117. 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. 118. 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 �€}eei tz�S.xt Building Code UBC w3,�t��! 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. 27 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 119. 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. 120. 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 fie} 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. 121. 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 122. 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. 123. The plans shall depict all on -site and off -site drainage structures required by the City. 124. 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; 28 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 h. Drainage to adjacent parcels shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows shall be provided by the subdivider; i. All drainage grates shall be designed and constructed with provisions to provide adequate bicycle safety to the satisfaction of the City Engineer; j. If the land to be occupied is in an area of special flood hazard, the subdivider shall notify all potential buyers in writing of this hazard condition. The grading plan shall also show contours indicating the 50 and 100 year flood levels. k. All flows from brow ditches, ribbon gutters and similar devices shall be deposited into the storm drain system prior to entering streets. If necessary, the storm drain shall be extended beyond the public right -of -way through easements to eliminate surface flow between parcels. Both storm drain and easements outside the right -of -way are to be maintained by the Property- Owners' y�` .. Association s—ae —e tt�eel sry the = = =, -- _ -_, i5;l5;E 3!t#E 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. 125. 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. 126. 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." 29 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 127. 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. ti q 3fl3i:`'kzt a conditional letter of map revision (if required by FEMA) shall be provided to the City prior to::Q :..... ......:. zone clearancex >:�I.S►�'....Q ..i...........#S#Tk.�ki it The :... subdivider will be responsible for all costs charged by the FEMA and the City's administrative costs. 128. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 129. 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 Publie -tea Ageney 'e44?t:• 130. 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 :..... ai:id shall include provisions for the Homeowner's Association or maintenance district to maintain any ,private storm drainage systems,cr ............. 131. 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' eel be designed by a registered civil engineer as part of the dr ai nage improvement plans for the project. 132. 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. 133. To the degree feasible (given elevation differences in the course design), drains placed under greens, tees, and fairways shall be directed into the on -site lakes. Collected water could be recycled for irrigation use. In areas where drainage to lakes is not possible, the use of impermeable membranes and other water quality protection features shall be considered for incorporation into the course design. Street Improvement Requirements 134. 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 30 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 complete the improvements; and shall post sufficient surety guaranteeing the construction of the improvements. 135. 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. 136. The applicable Ventura County Road Standard Plates are as follows and have been modified to conform to the cross sections shown on the p Eepesed tentative ma ..' „ e _ a F > >«�': >�a�f;� eE e:thibite 9h9� �r�thin ti4_ n ...... :. .... ... 19 Walnut Canyon Road 137. Walnut Canyon Road shall be ##it#5i':per; Ventura County Standard Plate B:- with right -of- way ?..... ... Re .. on.. ?t�`> €;:modified per Sheet 3 of 4 of `pdVesting Tentative Map No. 4928. 138. The improvements fix;.; b;ji':shall provide a 13 foot northbound :.:.....:...::....:.....:. ........... :.:::::::.:: P 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 ( with 10 foot .-- -. - -� .- shoulders on each fiQ� ����' ���3]�1��?fi�Fe rsa:r'.:Eiznr� 139. The primary project collector street intersection with Walnut Canyon Road (State to R oute 2 3 ::: '. +3l:itt2.� !�xi�?xt �fi�2t!'� ,�'Ei'�'+�.�?33.'ti3 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. Modifications to State Route 23, as required by Caltrans, shall be constructed prior to issuance of permits for the first residential dwelling unit e€ 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. 140. The final design for the t IM::::: :project entrance shall be reviewed :... and approved by the Director of Community Development and City Engineer prior to the issuance of #'[ Er32fth #;1 t 2ZLi < # E� zFnrtq 4Ep ate€ 141. Prior to occupancy of the first residential unit of Tract 4928 or the golf course facility, the subdivider shall improve Walnut Canyon Road. Grimes Canyon Road 142. The subdivider shall dedicate, right of way °i��t to provide an future improvements �Us: .��e.n a ... P Y p per Ventura 31 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 County Standard Plate B -4A' ': z E> bL ':..:..:(60 foot ROW 143. 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. Modifications to Grimes Canyon Road are required to be completed coincident with construction of improvements included within Phase 1 of Final Map No. 4928. 145. Issuance of permits for the first residential dwelling unit or golf course facility occupancy permit shall not occur until all phased roadway improvements are completed and inspected to the satisfaction of the County of Ventura Public Works Agency and the City Engineer, as appropriate. An encroachment permit shall be obtained from The City of Moorpark and County of Ventura (as appropriate) prior to construction of any proposed roadway improvements. Any additional right -of -way required to implement the finally approved design for entrances and intersections shall be acquired by the subdivider and dedicated to the Cityt33lt' >in a manner acceptable to the City. 146. 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. 147. The final design for the':ti`p}sg ,,pro entrance shall be .: .:..: .:..::::::.::.::::::::::.:.:.:. ,. :: P J reviewed and approved by the Director of Community Development and City Engineer prior to the issuance of i3ltL3l%#3zpermit. s €ar that 148. 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 t ji turn 3<i n oc ..............:;:;4?]:.;;C# G lt. t7Tt.;:: �x7iid and �4 �­ t�3�ri ht turn :..:....... :..:...... g lane::::;:t::<, s;;.:�{;; 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); ': '.p }Zd 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 >.`i - -' " :. Pacific Railroads ;: a�..... :<3 `- ..e� -t and the City. <:d Interior Streets::: f'aakii'17S1: 149. "C" Street shall be constructed per Ventura County Standard Plate 3*« $-2B modified to have a seventy frems 60 ) foot right of way and IM3 be 32 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 150. configured to provide the following .1- five ve (6) � : foot sidewalk �� . # . 1:::::.;: €` }vex- 6- r- €t pLckwayglant s 2 -eight (8) foot bikelanes 2- twelve (12) foot travel lanes 1 (14) feet median Left Turn Pocket at all Cross- streets A8 stop sign shall be provided at the intersection of "C" Street and the clubhouse entry drive. :;t#;::;:rht::::::#;*"::::5��a ................. a tunnel shall be constructed finder "#�" °Street;' north of "the wql t # ninth Aele green, to allow golf course users to cross under "'tlie roadway: X.. A tunnel, or similar underbridge accessway, shall be constructed under the "C" Street bridge to ] # connect tjg the 14th and the 15th holes for the West golf course : ::. :. : .................... All other :;:.g interior streets shall be per Ventura County Y Standard P ate'B -4. tav ng"`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. 151. All #j ?i%'cul -de -sacs shall be per Ventura County Standard Plate' -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. 153. Prior to Final Map recordation of Phase 1, the subdivider shall dedicate to the City of Moorpark the access rights�ht3.uh i? s � s e t ae )V40i '_ " e x� all interior streets and cul -de -sacs, except for approved access or driveway locations. Other Street Improvements 154. The subdivider shall include bus stop turnouts in the final street improvement plans and provide for their construction, to service the project. 33 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 186. The final location of the bus route and facilities shall be approved by the Director of Communitv Development_ 156. Street lights shall be provided per Ventura County Standards and as approved by the City Engineer. 157. 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. 158. 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. 159. 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. 160. 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. 161. The subdivider shall provide P slope easements%.. P a >;;;;;;.:.:: '<' S A l7 ............... . iT3# 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 easements shall i nelude - -the -area eevereel by the ea€ slepe €l1-al epe . i6eh Street lnte,-seetlea r , way. pltde 6 feet a id 163= he sehe;v de - shal! f l *Ea € €le i mnartitrs to this paw a share e€ the eests to R9=i€lgate the inteEaeetien The 'vvei ttpen the lneremental- fti:i€•igatien fee shall tra € €le, a €udy, adeled to th rejeet as shes-n In the- pvejee€ tra € €�6e t appeetioned by the Gity Lien The €alr shaffe alleea €4:en shall be ineeE €eE eaeh Phase e€ the Fina€ ?lap. Fees in eaeh Phase ef the Map. Other Fees and Improvement Desiqn Requirements 34 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 165. Prior to approval of each phase of the Final Map the subdivider shall pay M. the Gabbert /Casey Road Area of Contribution ;j�::: Fee {fie ........................................................................ .............................. fT# iSl': AOC Fee shall be calculated based on a 9.18 -acre commercial site (equivalent average daily traffic) and the dollar amount in effect at the time of payment of the fee. 166. 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. 167. Any right -of -way acquisition necessary to complete the required improvements will be acquired by the subdivider at his expense. 168. 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. !t::k: b. Parkways shall maintain a m:inj: crossfall of 2% toward the street or a minimum distance of 10 feet from the curb face. psi' €<:> :ZW'R' s 169. 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. 170. 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 Co V DeVelODmerit::' �: ES���( i }�i:�:'K''F•.1;'�[�St::�ti1'1:37 171. The subdivider shall post sufficient surety guaranteeing completion of all improvements which revert to the City (i.e., grading, street improvements, signalization, storm drain improvements, sewer improvements, landscaping, parks, fencing, bridges, etc.) or which require removal (i.e., model homes, temporary debris basin, etc.) in a form acceptable to the City. The subdivision surety agreement shall aloe include provisions for all off -site improvements along the entire frontage of Tract 4928 and other offsite improvements 4q as described herein...:: tt;4 �i :t C ::. ;: 1 t #I':: % 1i J64 "ai; #: ::: >::: 0. d.., 172. The subdivider shall demonstrate legal access to all parcels to the satisfaction of the City Engineer. 35 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 173. 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 174. 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. A11 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 175. 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 *e ....,a r i ... ... X. >tel'#3 of the Final Map. 1 76. Prior __da ���r ��� �p�.�c���:� ��.�..ph��:;. the Final Ma - --- the proposed infrastructure plan for the project shall be designed to place all required sewer and reclaimed water conveyance facilities in the Gabbert Canyon alignment. The subdivider shall obtain all necessary right -of -way and easements to install the required infrastructure in this alignment. The City may assist with the acquisition of such easements. 36 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 lq7 s mhe Di.L- eetc.ac o.f— confffmR4ty Deyel- ep:iteFit and G4 :ty- 9Rej1ikeeL- shall 3t2'y4:ew, approve the alignment of in €vasbraetttEe evrens __s pr±ier Acauisition of Easements and Right of Way 178. 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. pca!rxi� ;c.;:<c::;:tafi3:;;C7., :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 180. The subdivider shall offer to dedicate to the City of Moorpark public service easements as required by the City. 181. 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. 182. In conjunction with Final Map recordation of Phase 1, the subdivider shall offer to dedicate to the City of Moorpark, '::::public use, all right -of -way for public streets. 183. In conjunction with Final Map recordation of<''':;':': }tease 1, the :.::.... subdivider shall dedicate to the City of Moorpark the access rights adjacent to Walnut Canyon Road, Grimes Canyon Roadi; ate "C" Street: -; ': t p3 Sttt except for approved access or driveway locations. 184. 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 37 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 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. 186- P,-ier- to appLeeval ejeeeete a eeveaant e€ Phase 1 #ng e€ the F€eal map, the shall the land sueeessers, ke�6rs,and tee w�i€h en the behalf of itself and ite an assessment assigne agreeing ellstE§:et -eE €e paE €lelpa €e In the fermatien of €lnaneing €eehnlqee limited -to, stEee€ etheL- and sewee lmpvevemen laelading, but net €s neeessita €ed by this p Eejeetaftel EnglneeE The -- 4:der the spEead e€ 9ttbdi shall retain any pLepesed- assessment. the right €e- pretee€ the amean€ and - 186. gf!gi :elen€ savety,-- ee- speeifleek by the G16ty Bnglnee�, gttavanteeing all pttblle impffevements shall _be- previ:deel The sttte €les shall eemaln ln .13:aee €et• ene-y eeepbanee e€ €he- publle lmgt-evemPnts by the Gi�t-- PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION, TBE FOZZONIING CONDITIONS SHLLL BE SATISFIED: 187. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 188. 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. 189. A copy of the recorded Map(s) shall be forwarded to the City Engineer for filing. 190. Sufficient surety in a form acceptable to the City guaranteeing the public improvements pertinent to each phase shall be provided. 191. 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. 192. Original "as built" plans will be certified by the apt1 A '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 d 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 193. A licensed security guard is required during the construction phase, unless a 6 foot high chain link fence is erected around the construction site. 194. Construction equipment, tools, etc., shall be properly secured during non- working hours. 38 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 195. All golf cart crossings at roadways shall be under the roadway, or at an intersection with a stop sign or signal if approved by the Chief of Police and the Director of Community Development. IV. VENTURA COUNTY FIRE PREVENTION DISTRICT CONDITIONS Fire Hazard Reduction Program 196. Prior to issuance of a grading permit or Zoning Clearance for any building permit, the Applicant /Developer shall retain a 9168 fflaftaseffieN4 mire mazara Reduction Program*...*.-::::::::::::... - "' in consultation with the Coun ire' Protection n District e and reshall be approved by the Director of Community Development. The- eertiftee give The program shall apply to the 100 -foot non- buildable easement required by Vesting Tentative Map No. 4928 and all gel€ eemr-se p epeNt,y withis i8A a. The vegetation management requirements of the plan shall be clearly Geuatvy defined. The t < >;<C#`<#'3:':`> Hear flub Estates Homeowners 7 ii`0'c at. on ''' "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 psevieed within 160 €set of all stesetwres. The sene 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 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. 197. 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. 198. 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. 199. 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. 39 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 Road and Driveway Requirements 200. 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. 201. 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. 202. Access roads shall be installed with an all weather surface, suitable for access by Fire Department apparatus. A ffilalElum eleaystveet width of ✓v feet- Whall e preyid-ed- 04i3 de saes 01;213 hv-�- Minimum of 332 fant r-ide- 205. Access roads shall not exceed 15 percent grade. 206. 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. 207. 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. 208. 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. 209. 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. 210. All driveways shall have a minimum vertical clearance of 13 feet 6 inches, and this requirement shall be included in the CC &R's /Design Guidelines. Fire Hydrant /Fire Flow Requirements 40 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 211. 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. 212. 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. 213. 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. 214. 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. 215. All grass or brush exposing any structures shall be cleared for a distance of 100 feet prior to framing. 216. An approved spark arrester shall be installed on all chimneys. California Administrative Code (Title 24- Section 2.1217 Requirements 217. 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 posed adjacent to the driveway entrance. 218. Portions of this development may be in a hazardous fire area and those structures shall meet hazardous fire area building code requirements. 219. 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 220. 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 41 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 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. 221. 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. The Gity may -- assist with Ae 222. 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. 223. Waterworks District No. 1 has an existing water transmission line, which shall be relocated at Applicant /Developer's cost, as approved by the District. 224. 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. 225. 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. VI. VENTURA COUNTY FLOOD CONTROL AND WATER RESOURCES DEPARTMENT CONDITIONS 42 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 shall #gave-- peeeaNed aj% aa- va4:AF1 afid sed4meet CeatiLme1 plan te— dress r-ee "eH iffiPaets and 1eng --teEf epeeatienal effeets efl dewastree shall inGlude (bkit net be limited te) eqnstruet-le-m- ---f dqbEls and detention 43 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 VII. CALIFORNIA DEPARTMENT OF FISH AND GAME ARID REGIONAL WATER QUALITY CONTROL BOARD CONDITIONS 234. 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. 235. 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. 236. 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 237. The approved Mitigation Monitoring Program is included as Attachment 1, 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 staadard tom;; >conditions of approval. In cases where a mitigation condition conflicts with anathee 3<;condition of approval, the stricter or more specific ssadition si'all apply, as determined by the Director of Community Development `'#using the condition compliance review for each phase of development. 44 VESTING TENTATIVE MAP NO. 4928 APPLICANT: BOLLINGER DEVELOPMENT CORP. March 11, 1996 ATTACHMENT 1 MOORPARK COUNTRY CLUB ESTATES PROJECT MITIGATION MONITORING PROGRAM (To be added after City Council approves Final Mitigation Monitoring Program) 45