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11 AS AMENDED BY THE PLANNING COMMISSION APRIL 6, 2006 NOTE: Approval of this application is valid only if the following conditions are met. This permit shall expire unless activated within 18 months of the date of approval. In order to activate the permit, it must be signed by the applicant and one of the following actions must occur: (a) a valid building permit must be obtained to construct the necessary structures and appurtenances; or, (b) the property must be used for the purpose for which the permit is granted. (Stanislaus County Ordinance ) CONDITIONS OF APPROVAL USE PERMIT APPLICATION NO GREEN VALLEY PLANT FARM Department of Planning and Community Development 1. This use shall be conducted as described in the application and supporting information (including the plot plan) as approved by the Planning Commission and/or Board of Supervisors and in accordance with other laws and ordinances. 2. A Certificate of Occupancy shall be obtained from the Building Inspection Division prior to occupancy of any structure, if required. (UFC Section 307) 3. Prior to the operation of the approved use, the applicant shall meet all the requirements of the Department of Fire Safety for on-site water storage. 4. Should any archeological or human remains be discovered during development, work shall be immediately halted within 150 feet of the find until it can be evaluated by a qualified archaeologist. If the find is determined to be historically or culturally significant, appropriate mitigation measures to protect and preserve the resource shall be formulated and implemented. 5. A plan for any proposed signs indicating the location, height, area of the sign, and message shall be approved by the Planning Director prior to installation. 6. Any advertising or on-site signs shall clearly identify the nursery as wholesale only and not open to the general public. 7. A landscape plan consistent with Section , landscape and irrigation standards, of the Stanislaus County Zoning Ordinance, shall be submitted and approved by the Planning Director concurrent with the building permit approval. 8. The applicant, or subsequent property owner, shall be responsible for maintaining landscape plants in a healthy and attractive condition. Dead or dying plants shall be replaced with materials of equal size and similar variety.

12 UP Conditions of Approval April 6, 2006 Page 2 9. Any required landscaping plan shall be reviewed by the Stanislaus County Agricultural Commissioner s Office prior to installation of any landscaping and include plant species and identification of the plans origin. Said review is necessary to help stop the spread of the Glassy-winged sharpshooter, an injurious insect to agriculture, which can enter our County on the leaves of landscape plants. 10. The applicant, and subsequent operators, shall obtain and maintain a valid business license. Application may be made in the Planning Department. (Section 6.04 of the Stanislaus County Ordinance Code) 11. The applicant is required to defend, indemnify, or hold harmless the County, its officers and employees from any claim, action, or proceedings against the County to set aside the approval of the project which is brought within the applicable statute of limitations. The County shall promptly notify the applicant of any claim, action, or proceeding to set aside the approval and shall cooperate fully in the defense. 12. The developer shall pay all applicable Public Facilities Impact Fees and Fire Protection Development/Impact Fees as adopted by Resolution of the Board of Supervisors. For the Public Facilities Impact Fees, the fees shall be based on the Guidelines Concerning the Fee Payment Provisions established by County Ordinance C.S. 824 as approved by the County Board of Supervisors on March 11, 2003, and shall be payable at the time determined by the Department of Public Works. 13. Prior to the issuance of the Notice of Determination, the applicant shall pay within five days of the Planning Commission meeting, a filing fee of $50.00 to Stanislaus County Clerk/Recorder, care of the Planning Department. Should the De Minimis finding be found invalid for any reason, the applicant/developer shall be responsible for payment of Department of Fish and Game Fees. 14. Prior to construction: The developer shall be responsible for contacting the U.S. Army Corps of Engineers to determine if any wetlands, waters of the United States, or other areas under the jurisdiction of the Corps of Engineers are present on the project site, and shall be responsible for obtaining all appropriate permits or authorizations from these agencies, if necessary. 15. Prior to construction: The developer shall be responsible for contacting the California Department of Fish and Game and shall be responsible for obtaining all appropriate streambed alteration agreements permits or authorizations if necessary. 16. Prior to construction: The developer shall be responsible for contacting the California Regional Water Quality Control Board to determine if a Notice of Intent is necessary, and shall prepare all appropriate documentation, including a Storm Water Pollution Prevention Plan. Once complete, and prior to construction, a copy of the Storm Water Pollution Prevention Plan shall be submitted to the Stanislaus County Department of Planning and Community Development.

13 UP Conditions of Approval April 6, 2006 Page All exterior lighting shall be designed (aimed down and towards the site) to provide adequate illumination without a glare effect. 18. The Department of Planning and Community Development shall record a copy of these Conditions of Approval and any adopted Mitigation Measures with the County Recorder s Office within 30 days of the project approval. 19. Material, excluding trees/plants associated with the approved use, should not exceed 6 feet, unless a screening plan is approved by the Director of Planning and Community Development. 20. A trash container shall be on site at all times for debris for the commercial business in addition to a trash container for the single-family dwelling. Department of Public Works 21. A paved driveway approach shall be installed to the County Collector standard on Blue Gum Avenue at the access point between the existing edge of road pavement and the rightof-way line. The driveway approach shall be constructed in a manner to prevent runoff from going onto adjacent property and the road right-of-way. The approach shall be installed prior to final and/or occupancy of any building for the proposed wholesale nursery. 22. An encroachment permit must be obtained for the driveway approach. 23. All driveway locations and widths shall be approved by the Department of Public Works. 24. No parking, loading or unloading of vehicles shall be permitted within the right-of-way of Blue Gum Avenue. The developer will be required to install or pay for the installation of any signs and/or markings, if warranted. In order to ensure the site will accommodate truck deliveries, the applicant shall provide a truck turning radius plan for trucks with 40 foot trailers. The plan shall be prepared by a civil engineer and shall be approved by the Department of Public Works prior to the issuance of the use permit and/or within one (1) month from Planning Commission approval of the project, whichever occurs first. All driveways and area(s) for truck turning movements shall remain unobstructed and accessible at all times. 25. A Grading and Drainage Plan shall be submitted prior to issuance of the use permit and/or any building permit that provides sufficient information to verify all runoff will be kept from going onto adjacent properties and into the County road right-of-way. After the plan is determined to be acceptable to the Department of Public Works, the plan shall be implemented prior to final and/or occupancy. 26. A Grading Permit shall be obtained from the Department of Public Works prior to the start of importing, exporting, or otherwise moving any dirt. 27. A parking lot surfaced with gravel may be installed in lieu of pavement.

14 UP Conditions of Approval April 6, 2006 Page 4 Stanislaus Consolidated Fire 28. Project shall comply with current Fire Code requirements. Proposed sales office shall be located within 150 feet walking distance of an approved fire apparatus access road. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus California Fire Code Section (Note: fences, etc. shall not obstruct fire apparatus access). Modesto Irrigation District 29. In conjunction with related site/road improvement requirements, existing overhead and underground electric facilities within or adjacent to the proposed project shall be protected as required by the District s Electric Engineering Department. 30. Relocation or installation of electric facilities shall conform to the District s Electric Service Rules. 31. Costs for relocation and/or under grounding the District s facilities at the request of others will be borne by the requesting party. Estimates for relocating or under grounding existing facilities will be supplied upon request. 32. A 10-foot Public Utility Easement is required along all existing and proposed street frontages. 33. The Modesto Irrigation District reserves its future rights to utilize its property, including its canal and electrical easements and rights-of-way, in a manner it deems necessary for the installation and maintenance of electric, irrigation, agricultural and urban drainage, domestic water and telecommunication facilities. These needs, which have not yet been determined, may consist of poles, cross arms, wires, cables, braces, insulators, transformers, service lines, open channels, pipelines, control structures and any necessary appurtenances, as may, in District s opinion, be necessary or desirable. Department of Environmental Resources (DER) 34. Applicant should contact DER regarding appropriate permitting requirements for hazardous materials and/or wastes. Applicant and/or occupants handling hazardous materials or generating hazardous wastes must notify the Department of Environmental Resources relative to: (Calif. H&S, Division 20) A. Permits for the underground storage of hazardous substances at a new or the modification of existing tank facilities. B. Requirements for registering as a handler of hazardous materials in the County. C. Submittal of hazardous materials Business Plans by handlers of materials in excess of 55 gallons or 500 pounds of hazardous materials or of 200 cubic feet of compressed gas.

15 UP Conditions of Approval April 6, 2006 Page 5 D. The handling of acutely hazardous materials may require the preparation of a Risk Management Prevention Program, which must be implemented prior to operation of facility. The list of acutely hazardous materials can be found in SARA, Title III, Section 302. E. Generators of hazardous waste must notify the Department of Environmental Resources relative to the: (1) quantities of waste generated; (2) plans for reducing wastes generated; and (3) proposed waste disposal practices. F. Permits for the treatment of hazardous waste on-site will be required from the Hazardous Materials Division. 35. The project shall not create odors, dust or noise levels which would constitute a public nuisance. The determination of public nuisance shall be subject to evaluation in accordance with Chapter 9.35 of the County Code, under which the proposed use is defined as an agricultural operation. 36. Applicant shall determine, to the satisfaction of the Department of Environmental Resources (DER). That a site containing (of formerly containing) residences or farm buildings, or structures, has been fully investigated (via Phase I and II studies) prior to the issuance of a grading permit. Any discovery of underground storage tanks, former underground storage tank locations, buried chemicals, buried refuse, or contaminated soil shall be brought to the immediate attention of DER. City of Modesto 37. Recycle nutrient -laden irrigation water from plant containers, rather than allowing it to drain onto the underlying soil. 38. Irrigation water should be applied in small amounts to minimize runoff. 39. Carefully calculate and control applications of fertilizers and pesticides to minimize excess runoff. 40. Fertilizers can be applied automatically through drip irrigation systems. Applying fertilizers through overhead systems tends to deliver more nutrients to the ground than to the container. 41. Create a management plan for on-site chemical and hazardous waste, storage, use, clean up and disposal. 42. Cover stockpiles of manure and compost during the wet season (October 1 to April 30). Development Services 43. Development to comply with current adopted Title 24 Building Codes. Sales office is classified as a B Occupancy and will require an inspection to determine compliance as B Occupancy.

16 UP Conditions of Approval April 6, 2006 Page 6 Mitigation Measures 44. Construction and operation of this project shall comply with standardized dust controls adopted by the San Joaquin Valley Air Pollution Control District. Dust controls include compliance with Regulation VIII (Fugitive PM10 Prohibitions). 45. This facility shall be subject to District Rule Bulk Materials. This rule applies to the outdoor handling storage, and transport of any bulk material. 46. This facility shall be subject to District Rule Open area. This rule limits fugitive dust emission from open areas. 47. This facility shall be subject to District Rule Nuisance. This rule applies to any source operation that emits or may emit air contaminants to other materials. ****** (I:\Staffrpt\UP\2005\UP Green Valley Plant Farm\staff report.wpd)

CHAPTER MANUFACTURED HOME PARKS

CHAPTER MANUFACTURED HOME PARKS CITY OF MOSES LAKE MUNICIPAL CODE CHAPTER 18.65 MANUFACTURED HOME PARKS Sections: 18.65.010 Intent 18.65.020 Binding Site Plan 18.65.030 Permitted Uses and General Requirements 18.65.040 Manufactured Home