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HomeMy WebLinkAboutAGENDA REPORT 2000 0315 CC REG ITEM 09DTo. From: Date: CITY OF MOORPARK AGENDA REPORT The Honorable City Council ITEM 9 . D. t? out Ac :13 &4L- wf� fee lifil) ?/ - BY: Wayne Loftus, Director of Community Development,/��' March 9, 2000 Subject: Consider Tentative Tract Map No. 5147, to Create seventeen (17) Industrial Lots on Approximately 34.53 Acres Located 1300 Feet West of Gabbert Road and North of the Union Pacific Railroad Right -of -Way (Applicant: A -B Properties) APN 500 -0- 340 -220. BACKGROUND: The Planning Commission on February 14, 2000, held a continued public hearing and following receipt of public testimony, recommended approval of this proposed seventeen (17) lot industrial subdivision to the City Council subject to the conditions included in the staff recommended resolution. This hearing was continued from January 24, 2000, when a quorum of the Commission was not present to conduct business. The Commission on February 14, 2000, also recommended additional conditions concerning the route and hours for construction traffic and installation of a traffic signal at Gabbert Road and Poindexter Avenue, which will be the interim access route for this project. The subject property was designated for industrial development through a General Plan Land Use Element Amendment and a Zone Change in December 1998. A Development Agreement was also approved at that time establishing criteria for development including thresholds for public improvements. This subdivision proposal is consistent with the Development Agreement criteria and the recommended conditions would assist in implementing that agreement, and allow construction to move forward. This application does not include a proposal for Industrial Planned Development Permits (IPD), which will be required to construct buildings and establish uses. DISCUSSION: This requested industrial subdivision, Tentative Tract Map No. 4157 is a proposal to create seventeen (17) lots in the M -2 (Limited Industrial) zone, ranging in size from one (1) acre to 1.22 acres, where a minimum lot size criteria of 10,000 sq.ft. is required by the Zoning Ordinance. The subject property previously designated by 0-0006,4L 0`0 Honorable City Council March 9, 2000 Page 2 the General Plan Land Use Element and zoning for agricultural use was considered for an industrial designation on December 16, 1998, when the City Council approved the proposed changes. At the December 16, 1998, meeting the City Council also approved a Development Agreement (Ordinance No. 250), which established criteria for infrastructure installation coordinated with the level of intensity of development of the site. The baseline criteria requires off -site improvement of Gabbert Road to exceed construction of building square footage beyond 400 of the projects total opportunity. The installation of a railroad under - crossing and permanent roadway improvements connecting this site to Los Angeles Avenue, west of Buttercreek Road is required to pass the 70% level of project total building square footage opportunity. These thresholds that were established in the Development Agreement by the City Council recognized the constraints on continuing access from Gabbert Road, just north of the railroad right -of -way, which was established as the interim access point until a fully developed roadway connection including railroad under - crossing could be achieved. The permanent point of access is located at the property's west boundary, consistent with the alignment of the Circulation Element arterial, which connects the 118 Arterial to Los Angeles Avenue. Once this linkage to Los Angeles Avenue is achieved the balance of the project building square footage may be constructed and the connection to Gabbert Road will then serve as "emergency access only" and be gated to preclude unauthorized traffic. Proposed Project: The proposed project is to divide the 34.5 acre site into seventeen (17) lots for future industrial development. The proposed lots are arranged around an interior loop street and range in size from one acre to 1.22 acres, in a zone district (M -2) which requires a minimum lot size of 10,000 sq.ft. All proposed roads will be public and built to City standards with 40 feet of paving (curb to curb) in a 60 foot right -of -way, except the permanent portion of "C" Street, which is proposed for 52 ft. of paving in a 68 ft. right -of -way. Sidewalks will be provided only on the permanent portion of "C" Street, which is the east /west access into the subdivision for both interim access and the permanent access. The north /south arterial that will form a permanent connection for this project to Los Angeles Avenue is designated to have four lanes within a 100 foot right -of -way with five (5) foot sidewalks separated from the curb by a 5 foot landscaped parkway. Additional landscaping approximately 18 S:1Communily DevelopmentEveryomU y Counc7 Agenda Reportslcr-0 315 A-B Properties staff reportdoc 319/001:31 PM 0000':1 Honorable City Council March 9, 2000 Page 3 feet in depth will also be provided behind the sidewalk along with the setback area created by placement of a decorative masonry wall located with a 10 foot setback from the property line. The design section for the 118 Arterial will be similar, although an additional landscaping opportunity will be provided in the median area. This project has been conditioned to install a decorative masonry wall at the 10 ft setback line, and parkway landscaping along the north /south arterial, the 118 Arterial and the connecting curve between these two streets. Prior to construction of industrial buildings on any of the lots proposed by this application an application for an IPD (Industrial Planned Development) will be required and design parameters relating to setbacks, parking and architecture must be evaluated and decisions made through the public hearing process. This project is being processed in stages and may develop in phases depending upon the market for the type of industrial (M -2) that is being developed. Development Phasing and Circulation: The previously approved Development Agreement allows up to 400 of the site building square footage to be developed before roadway improvements are placed on Gabbert Road, north of its intersection with Poindexter Avenue. Interim access to the subject property will occur from a point on the west side of Gabbert Road, approximately 125 feet north of the railroad right -of -way through the construction of a 32 foot wide paved roadway proceeding west across the Hitch Ranch (Specific Plan No. 1) to the A -B Properties development site approximately 1300 feet to the west. This roadway will be constructed to City standards to insure that it is adequate as an interim access and that it serves the future function as emergency access only once the permanent access to Los Angeles Avenue (Highway 118) is achieved. Permanent access, which is required to be completed to develop more than 70% of the project total building floor area will require a connection between the project site and Los Angeles Avenue west of the Buttercreek Road /Los Angeles intersection. The north /south access road shown as an Arterial on the Circulation Element of the General Plan will also include a railroad right -of -way under - crossing as stipulated by the Development Agreement, which may require the formation of an Assessment District to include other benefiting properties in the area. S:1Communky Devebpi MlEveryonelCity Cound Agenda Reportstc-000315 A-B Properties staff repvtdoc 3191001:31 PM 0 00022 Honorable City Council March 9, 2000 Page 4 In addition to the connecting arterial to Los Angeles Avenue the right -of -way for the 118 Arterial, which is an east /west transportation corridor shown on the General Plan, will be dedicated to a width of 120 ft and graded and the connecting curve from the north /south arterial to the 118 Arterial will be dedicated and graded with a 200 foot property line connecting radius. Public improvements are required in the north /south connector to a point approximately 600 feet north of the north property line of the railroad right -of -way, but not for the connecting curve or the 118 Arterial, which are required to be graded for roadbed improvements by the Development Agreement. Gabbert Road, Interim access and Traffic Control: At the Planning Commission hearing on February 14, 2000, residents of the Gabbert Canyon area offered comments and concerns relating to the interim access to this project from Gabbert Road and potential congestion at the intersection of Gabbert Road and Poindexter Avenue. Gabbert Canyon residents are concerned that although the access from Gabbert Road to this project may be temporary, the increased traffic from this project (up to 70% of project building square footage) will impact the safety and driveability of Gabbert Road and the Gabbert Road /Poindexter Ave intersection. The intersection of Gabbert Road and Poindexter Avenue includes a stop sign only for westbound traffic at this "T" intersection with other "legs" of the intersection allowed to function without traffic control. As an ultimate design conclusion based on the Traffic Model for Buildout in 2010 to be implemented with Specific Plan No.l (Hitch Ranch), this intersection will be redesigned and improvements made to achieve a four lane signalized design. The A -B Properties industrial project will not by itself warrant a signal based upon traffic generation, however, the installation of street improvements for four (4) lanes north of the railroad tracks will require modification to the railroad crossing signals and crossing arms. The discussion at the Planning Commission meeting on February 14, 2000, related more to the unusual configuration of this "T" intersection and appropriate ways to manage a safe traffic flow through it, as contrasted to this project generating sufficient trips to justify the "warrants" for a signal. The applicant's traffic engineer has submitted a traffic study that concluded that it was unnecessary to install a traffic signal at this location or in any way modify the intersection. The City's &\Community DeveloM*nf Everyone\City Cowd Agenda Reportslcc-000315 A-B Properties staff repod.doc 319!001:31 PM 0010023 Honorable City Council March 9, 2000 Page 5 Traffic Engineer, however, has continued to be concerned about the combination of increased traffic flow and the unusual configuration of the intersection that may warrant additional traffic control measures including a traffic signal because of the impacts resulting from this proposed industrial development. As a result of concern over the operation of this intersection (Gabbert Road /Poindexter Avenue) that may be caused by this proposed project, the Planning Commission recommended to the City Council that a traffic signal be installed prior to the commencement of construction on the site. Additionally, the Planning Commission recommended that construction traffic be required to access the subject property by utilizing the existing "farm crossing" across the railroad tracks possessed by the subject property which is located at its southwest corner that allows limited access to Los Angeles Avenue. The existing farm road access to Los Angeles Avenue crosses over the drain channel adjacent to Los Angeles Avenue and is frequently utilized as a debris haul route when the Gabbert detention basin is cleaned out by the Ventura County Flood Control District. It is not however designed as a roadway at this time as there is no development or user to justify permanent access to adjacent properties. This existing crossing is at the location of the future north /south arterial which will connect to the 118 Arterial and will provide permanent access to A -B Properties and the recently submitted Trilliad Industrial project adjoining the west side of the Southern California Edison substation. The Planning Commission also recommended that the hours for construction traffic should be established in coordination with the recommendations of the Moorpark Unified School District if Gabbert Road becomes the access point for construction traffic because Gabbert Road is a primary travel route to Chaparral Middle School. This coordination is required only if construction traffic is unable to gain access to Los Angeles Avenue. Conditions to address this concern have been incorporated in the proposed Council Resolution. Subsequent to the Planning Commission meeting of February 14, 2000, the applicant and applicant's traffic engineer met with staff to further discuss the alternatives for traffic control at Gabbert Road and Poindexter Avenue. Updated information has been provided by applicant's traffic engineer and the City's Traffic Engineer has evaluated and responded to this information. The conclusion of the City's Traffic Engineer is that additional traffic control at the intersection of Gabbert Road and Poindexter Avenue is not required S:1Community DevelopawhEveryonelCity Councl Agenda Reportslcc-0 315 A-B Properties staff reportdoc 3191001:31 PM 0010024 Honorable City Council March 9, 2000 Page 6 based upon the traffic impacts of buildout of the proposed project of up to 700 of the maximum building square footage allowed. The City traffic engineer in the attached memo (Attachment 12) concerning this issue has also provided an alternative for additional traffic control at this intersection if determined by the City Council to be needed. However, since there is no guarantee that project buildout beyond the 70% threshold will ultimately occur, therefore allowing access to this industrial project from Gabbert Road to occur for an indefinite period, the developer of this project should be required to contribute a proportionate share of the cost of installation of a traffic signal at Gabbert Road /Poindexter Avenue. This contribution is required only if permanent access directly to Los Angeles Avenue is not completed by the time that Hitch Ranch (Specific Plan No. 1) is ready to channel traffic to this intersection. Section 6.20 of the Development Agreement provided for a similar contingency, therefore this proposed condition that has been included in the attached Council Resolution serves to reinforce the intent of the Development Agreement. Environmental Determination: This proposed project which began with a General Plan Amendment and change of zone has been evaluated for potential environmental consequences based upon project buildout and it has been concluded that there will be no significant effects on the environment that can not be mitigated to a level of insignificance and as a result a Mitigated Negative Declaration has been prepared and was recommended for adoption by the Planning Commission. As part of the conclusion that a Mitigated Negative Declaration is adequate, it is pointed out that grading must be consistent with the provisions of the Hillside Management Ordinance, including the requirement for contour grading. Additionally, the steep hillside area on the westerly portion of this site will remain ungraded and will be placed under a conservation easement to maintain the area as open space in its present topographic form. Modification of Planning Commission Conditions: The conditions included in the proposed City Council Resolution for this project represent the recommendations of the Planning Commission as adopted by their resolution (attached) on February 14, 2000. There are, however, some minor wording changes that have been included (not in legislative format) to insure full meaning of the SACommundy DevelopmentlEveryonK ty Counci Agenda Repodslcc-0 315 A-8 Properties staff report.doc 319/001:31 PM (110 0 0 2 5 Honorable City Council March 9, 2000 Page 7 condition and to clarify where needed the meaning and intent of those conditions. There are no changes of substance included in the minor language changes. Staff Recommendations: 1. Open the public hearing, accept public testimony and close the public hearing. 2. Consider the Negative Declaration prepared for the requested entitlements prior to making a decision for approval or denial of the Tentative Tract Map. 3. Adopt Resolution No. 2000- approve Tentative Tract Map No. 5147. Attachments: 1. Planning Commission Resolution 2. Planning Commission Staff Report dated February 10, 2000, with the following attachments: General Plan Map, Zoning Map, Tract Map 5147, Environmental Document, Conceptual Grading Plan, Drainage Concept, Curve Radius Map, Development Agreement, Applicant drawing - 200 foot radius, and Memorandum from City traffic engineer dated February 11, 2000. 3. Draft City Council Resolution 4. Thomas s. Montgomery, applicant traffic engineer letter dated February 29, 2000. 5. John Whitman, City traffic engineer memorandum dated March 6, 2000. SACommunity Developm rAEveryone\City Courd Agenda Reportslcc -OW315 A-B Properties staff report.doc 319/001:31 PM 0000'-"G RESOLUTION NO. PC -2000- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP NO. 5147 ON THE APPLICATION OF A -B PROPERTIES FOR A SUBDIVISION OF A 34.53 ACRE SITE INTO 17 INDUSTRIAL LOTS LOCATED APPROXIMATELY 1,300 FEET WEST OF GABBERT ROAD, NORTH OF THE UNION PACIFIC RAILROAD RIGHT -OF -WAY (ASSESSOR PARCEL NO. 500- 34-22) WHEREAS, at a duly noticed public hearing on January 24, 2000, the Planning Commission held a public hearing for consideration of approval of Tentative Tract Map No. 5147 on the application of A -B Properties for a subdivision of a 34.53 acre site into seventeen (17) industrial lots located approximately 1,300 feet west of Gabbert Road, north of the Union Pacific Railroad right -of -way (Assessor Parcel No. 500- 34 -22); and WHEREAS, a duly noticed public hearing on January 24, 2000, was continued do to the lack of a quorum to a duly noticed public hearing on February 14, 2000, when the Planning Commission opened the public hearing, took testimony from all those wishing to testify, and closed the public hearing. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission does hereby find that the aforementioned project is consistent with the City's General Plan. SECTION 2. Based on the information and findings presented in the staff report and accompanying documents and public testimony, the Planning Commission has determined that based upon an Initial Study and analysis of available information, it was found that there is substantial evidence that the significant effects of the proposed project on the environment can be mitigated to a level of insignificance with the adoption of mitigation measures; therefore a Mitigated Negative Declaration has been prepared in compliance with the State of California Environmental Quality Act Guidelines. SECTION 3. That the Planning Commission adopts the following findings: C.E.Q.A. Findings 1. That the Mitigated Negative Declaration/ Initial Study for the project is complete and has been prepared in compliance with the California Environmental Quality Act (CEQA), and CEQA Guidelines, and City policy. ATTACHMENT it 1 11 GO002.111411 Resolution No. PC -2000- Tentative Parcel Map No. 5147 Anderson Burns Properties February 14, 2000 Page 2 2. The contents in the Mitigated Negative Declaration/ Initial Study have been considered in the various decisions on these projects. 3. In order to reduce the potential adverse impacts of this project, mitigation measures discussed in the environmental document have been incorporated into the proposed project. 4. A Mitigation Reporting and Monitoring Program has been prepared in compliance with Assembly Bill 3180 and considered in the various decisions regarding these projects. Subdivision Map Act Findings Based on the information set forth above, it is determined that the Tentative Tract Map, with imposition of the attached conditions, meets the requirements of California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that: 1. The proposed map is consistent with the applicable General and Specific Plans. 2. That the design and improvements of the proposed subdivision is consistent with the applicable General and Specific Plans. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the proposed density of development. 5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage. 6. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. 7. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision. 8. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seq. Resolution No. PC -2000- Tentative Parcel Map No. 5147 Anderson Burns Properties February 14, 2000 Page 3 9. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir. SECTION 4. That the Planning Commission recommends to the City Council approval of Tentative Tract Map No. 5147 subject to the attached Conditions of Approval. The action of the foregoing direction was approved by the following roll call vote: AYES: NOES: PASSED, APPROVED, AND ADOPTED THIS 14TH DAY OF FEBRUARY, 2000. Mark DiCecco, Chairman ATTEST: Celia LaFleur, to the Planning Commission ATTACHMENT: EXHIBIT A a0100�,3 Conditions of Approval Tentative Tract Map No. 5147 Page 1 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 5147 COMMUNITY DEVELOPMENT DEPARTMENT: GENERAL REQUIREMENTS CDD -1. Application of City Ordinances/ Policies The conditions of approval of this Tentative Tract Map and all provisions of the Subdivision Map Act, City Ordinance and adopted City policies supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map. CDD -2. Acceptance of Conditions 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. A notation which references conditions of approval including reference to the Development Agreement shall be included on the Final Map in a format acceptable to the Director of Community Development. CDD -3. _Expiration of Map This Tentative Tract Map or any portion thereof, shall expire eight (8) years from the date of its approval or conditional approval or upon the expiration or earlier termination of the Development Agreement approved for this property. No extensions for map recordation may be granted as limited by Section 5.4 of the Development Agreement. CDD -4. Image Conversion Prior to recordation, the builder shall provide to the City an image conversion of plans (as determined by the Department of Community Development) into an optical format acceptable to the City Clerk. CDD -5. Hold Harmless 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 WOR PRl- SERVOTY SHARE1Communiy DevelopmenAEveryonelDEVELOPMENT CONDlTIONSW5147 conditions.doc Conditions of Approval Tentative Tract Map No. 5147 Page 2 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 `o 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: The City bears its own attorney fees and costs; 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. CDD -6. Title Report The subdivider shall submit to the Department of Community Development and the City Engineer for review a current title report which clearly identifies all interested parties and lenders included within the limits of the subdivision as well as any easements that affect the subdivision. CDD -7. Calleguas Release Prior to approval of a Final 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 MfOR_PRI SERVOTY SNARBCommunity OevelopmenMveryoneOEVELOPMENT CONDITIONSW5147 conddions.doc ('�0�so31 Conditions of Approval Tentative Tract Map No. 5147 Page 3 comply with Ventura County Waterworks Rules and Regulations, including pay7.ent of all applicable fees. CDD -8. Unconditional Availability Letter Prior to approval of a Final Map, an uncondi�ional 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. CDD -9. Cross Connection Control Devices At the time water service connection is made, cross connection control devices shall be installed on the water system in a manner approved by the County Waterworks District No. 1. CDD -10. Computer Aided Mapping System The Map 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" CDD -11. Case Processing Costs Prior to recordation of the Final Tract Map, the applicant shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees. In addition, the Applicant shall be required to pay a Condition Compliance deposit pursuant to the requirements of the most recently adopted Resolution IIMOR_PRI_SERVICITY SHAREICommundy DewJopmmnAEveryone0EVEL0PMENT CONDMONSW5141 conddions.doc Conditions of Approval Tentative Tract Map No. 5147 Page Establishing Schedule of Land Development Preliminary Processing Fee Deposits. CDD -12. Conservation Easement Prior to recordation of the map, the Developer shall grant, in a form acceptable to the City, a Conservation Easement to retain that portion of the property west of, and including the Gabbert Canyon drain in a predominantly open space condition consistent with Civil Code Section 815 et sea., except for the following purposes: temporary construction (including temporary pumping needed for dewatering as part of any grading operations for the Property) , landscape maintenance of any manufactured slope areas, vegetation clearance within two hundred (200) feet of any structure for fire hazard reduction, revegetation and biological habitat enhancement required by the City consistent with any mitigation Monitoring Program, drainage conveyance, emergency access or extension of the 118 Arterial. No excavation, drilling extraction, pumping (excluding such pumping as may be needed for dewatering as part of approved grading operations), mining, or similar activity shall be allowed in any portion of the property zoned Open Space. The limitations and exclusions described in this subsection shall be included in the conservation easement. The subsurface mineral resources from drilling off the Property so long as the drilling apparatus and the equipment are screened from view from all points within the City. Further, if the drilling site is not within the City, Developer agrees that before processed with any drilling it shall secure a use permit dfrom the City which may include conditions ordinarily placed upon drilling operations. Further, noise impacts from the drilling shall meet the same standards as placed on Industrial Planned Development Permits and there shall be no visible evidence or impacts on the ground surface of the Property (DA 6.17). UMOR PRI_ SERVICITYSHAREICommunit yDevelopmentlEveryoneOEVELOPMENTCONDITIONSW5147conditions .doc C,Q1i.3j Conditions of Approval Tentative Tract Map No. 5147 Page 5 The conservation easement shall be recorded concurrently with the final map. Reference to the conservation easement shall be placed on the Map. CDD -13. Fish and Game Requirement Within two days after the City Council adoption of a resolution approving these Industrial Planned Development Permits, the Applicant shall submit to the City a check for a single fee of $1,250 plus a $ 25.00 filing fee payable to the County of Ventura, to comply with Assembly Bill 3158, for the management and protection of Statewide Fish and Wildlife Trust Resources. Pursuant to Public Resources Code Section 21089; and (b)Fish and Game Code Section 711.4; (c) the project is not operative, vested or final until the filing fees are paid. CDD -14. Submittal of Landscape Plans Prior to approval of the Final Map, a complete landscape and wall plan for the areas along the 118 Arterial Bypass and North South Arterial Connecting Street (3 sets), together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect 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 plans shall be approved prior to approval of the Final Map, and appropriate surety posted as part of the subdivision improvement agreement. This wall and landscaping shall be installed with the first phase of public street improvements installed for this subdivision. The landscape /wall plan shall also include planting and irrigation specifications for manufactured slopes over three (3) feet in height. The Applicant shall bear the cost of the landscape plan review, installation of the landscaping and irrigation system, and of final landscape inspection. The landscaping and planting plan submitted for review and approval shall be accompanied by a deposit as specified by the City Additional funds may IVNOR_PRI_SERVICITY SHAREICommunity DevelopmenflEveryonelDEVELOPMENT CONDITIONSW5147 conditions.doc r L < j .., 'k ' - f Conditions of Approval Tentative Tract Map No. 5147 Wage 6 subsequently need to be deposited to cover all landscape plan check and inspection fees. All landscaped areas shall have an irrigation system. The City's landscape architect shall certify in writing that the landscape and irrigation system was installed in accordance with the approved Landscape and Irrigation Plans. The final landscape plans shall include landscaping specifications, planting details, and design specifications consistent with the following requirements: A. The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths within the project limits. B. All plant species utilized shall be drought tolerant, low water using variety. C. Landscaping at site entrances and exits and any intersection within the parking lot shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. D. Landscaping shall be designed to not obstruct the view of any exterior door or window from the street. E. Landscaping (trees) shall not be placed directly under any overhead lighting, which could cause a loss of light at ground level. F. Backflow preventers, transformers, or other exposed above ground utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and /or a wall. G. Irrigation shall be provided for all permanent landscaping, as identified in the approved landscape plan. The Applicant shall be responsible for maintaining the irrigation system and all landscaping. The Applicant shall replace any dead plants and make any necessary repairs to WOR_PRI SERVILITY SHARMommuntty DevetoprwriEveryonelDEVELOPMENTCOND MONSM147 conditions.doc 0G�AV` J Conditions of Approval Tentative Tract Map No. 5147 Page 7 the irrigation syS =em consistent with the landscape plan approved for the development. H. The transformer and cross connection water control devices shall be shown on the plot plan and landscaping and irrigation plan and screened from street view with masonry wall or landscaping as approved by tare Director of Community Development. I. All perimeter and/or garden walls shall be constructed prior to installation of any sidewalks or concrete slabs. J. Prior to Final Inspection, the areas to be landscaped, as shown on the irrigation plan, shall be landscaped and irrigation system installed. The City's landscape architect shall certify in writing that the landscape and irrigation system was installed in accordance with the approved Landscape and Irrigation Plans. K. The applicant shall post a bond for completion of the landscaping. The timing of the completion of the landscaping shall be at the sole and unfettered discretion of the City. L. The wall along the 118 Arterial Bypass and North South Arterial Connection Street shall be completed prior to recordation of the Final Map. CDD -15. All requirements as specified in the Development Agreement shall apply to this Tentative Tract Map. CDD -16. Prior to recordation of the Final Map, a property owner association shall be established for maintenance of parkway and median landscaping, street lighting, parks, and other improvements as determined by the Director of Community Development and City Engineer, if an assessment district is determined to be not feasible. 1WOR_PRI SERV ICI TYSHAREICommunity DeveWrmntkEveryoneV) EVELOPMENTCONO ITIONSVr51-07conditions.doc Conditions of Approval Tentative Tract Map No. 5147 Page 8 CITY ENGINEER DEPARTMENT: Grading CED -1. The Subdivider /Developer shall submit to the City for review and approval, a contour grading plan, consistent with the approved Tentative Map (elevations may not deviate by more than 2.0 feet) and in compliance with the provisions of the City Hillside Management Ordinance (Municipal Code Section 17.38) (DA 6.12), prepared by a Registered Civil Engineer. The Subdivider /Developer shall enter into an agreement with the City to complete the improvements and shall post sufficient surety guaranteeing completion of all improvements. Grading plans depicting contour grading of all visible slopes shall be completed to the satisfaction of the City Engineer and the Director of Community Development. CED -2. Prior to Final Map approval the Developer shall pay the Los Angeles Avenue Area of Contribution (AOC) Fees. The AOC fees shall be the dollar amount in effect at the time of payment. If previous payment of these contributions can be demonstrated, to the City's satisfaction upon concurrence of the City Manager, the developer would not have to pay the AOC fees. CED -3. The final grading plans shall indicate the geotechnical consultant's removal and recompaction recommendations and shall be reviewed, approved, signed and wet - stamped by the project geotechnical engineer and project engineering geologist, as acknowledgement that their recommendations have been incorporated. CED -4. Concurrent with submittal of the grading plan an Erosion Control Plan shall be submitted to the City for review and approval by the City Engineer. The design shall include measures for hydroseeding on all graded areas within 30 days of completion of grading unless otherwise approved by the City Engineer. Reclaimed water shall be used for dust control during WOR -PR! SERVIGTYSNARE1CommunityDevelopmentlEveryonelDEVELOPMENTCOND /TIONSW5147conditns.doc G_00 0 3 v Conditions of Approval Tentative Tract Map No. 5147 Page 9 grading, if available from Waterworks District No. 1 at the time of grading permit approval. CED -5. Requests for grading permits will be granted in accordance :«th the approved Tentative Map No.5147, as required by these conditions and City ordinance /policies. CED -6. The Subdivider /Developer 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. CED -7. Temporary irrigation, hydroseeding or equal measures acceptable to the City Engineer for erosion and dust control shall be implemented on all temporary grading. Temporary grading is defined to be any grading partially completed and any disturbance of existing natural conditions due to construction activity. These measures will apply to temporary grading activity that remains or is anticipated to remain unfinished or undisturbed in its altered condition for a period of time greater than thirty (30) days or the beginning of the rainy season whichever comes first. CED -8. All development areas and lots shall be designed and graded so that surface drainage is directed to street frontages or natural or improved drainage courses as approved by the City Engineer. CED -9. All offsite grading work shall require easement agreements. All offsite grading agreements /easements shall be recorded at the Ventura County Recorder's office, and a copy of the recorded easements shall be provided to the City Engineer's office, prior to issuance of a grading permit. 11MOR_PR1- SEROCITY SHARE1CommuOy DevelopmenMveryonelDEVELOPMENT CONDITIONSW5147 conddions.doc e (;i► 0 36 Conditions of Approval Tentative Tract Map No. 5147 Page 10 Geotechnical /Geology Review CED -10. The Subdivider /Developer shall submit to the City for review and approval, a detailed geotechnical engineering and geology report certified by a California Registered Civil Engineer. The geotechnical engineering report shall include an investigation with regard to liquefaction, expansive soils, and seismic safety. The Subdivider /Developer shall also provide a report that discusses the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. Note: Review of the geotechnical engineering and geology report(s), by the City's Geotechnical Engineer, shall be required. The Subdivider shall reimburse the City for all costs including the City's administrative fee for this review. CED -11. All recommendations included in the approved geotechnical engineering report shall be implemented during project design, grading, and construction in accordance with the approved project. The City's geotechnical consultant shall review all plans for conformance with the soils engineer's recommendations. Prior to the commencement of grading plan check, the developer's geotechnical engineer shall sign the plans confirming that the grading plans incorporate the recommendations of the approved soils report(s). All review comments from the City's geotechnical consultant in letter dated October 19, 1999, on file at the City Engineer's office shall be addressed prior to the issuance of a grading permit. Storm Water Runoff and Flood Control Planning CED -12. The Subdivider /Developer shall submit to the City 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 to complete public improvements and shall post sufficient surety IWOR PRI SERVICITY SHAREICommunity Developmenl Everyone'DEVELOPMENT CONDITIONSW5147 conditions.doc 0$ 00133 Conditions of Approval - entative Tract Map No. 5147 ?age 11 guaranteeing the construct'-on of all improvements. The plans shall depict all on -site and off -site drainage structures required by the City. The drainage plans and calculations shall demonstrate that the following conditions will be satisfied 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 10 -year frequency storm; C. All catch basins shall carry a 10 -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. Improvements shall be constructed to detain drainage on -site when the drainage amount is between the 10 -year and 50 -year storm event. A rainfall intensity zone K shall be utilized in the design unless an alternate design intensity is approved by the City Engineer. F. All culverts shall carry a 100 -year frequency storm; G. Drainage facilities shall be provided such that surface flows are intercepted and contained in an underground storm drain prior to entering collector or secondary roadways; H. Under a 10 -year frequency storm, local, residential and private streets shall have one dry travel lane available on interior residential streets. Collector streets shall have a minimum IIMOR -PRI SERVICI TYSHAREICommunityDerelopmenAEveWneOEVELOPMENTCOND MONSV6147cond4ions.doc 0000-X0 Conditions of Approval Tentative Tract Map No. 5147 Page 12 of one dry travel lane in each direction. I. 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 Developer; J. All drainage grates shall be designed and constructed with provisions to provide adequate bicycle safety to the satisfaction of the City Engineer; K. If the land to be occupied is in an area of special flood hazard, the Developer 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. L. 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 owner unless otherwise approved by the City Council. M. 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 features to reduce their visibility. N. 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. CED -13. The Subdivider /Developer shall demonstrate for each building pad within the Tentative Map area that the WOR- PRI- SERVOTY SHARECommunity DeveWmenFLEveryoneOEVELOPMENT CONDMONSW5147 condkions.doc (300041. Conditions of Approval Tentative Tract Map No. 5147 Page 13 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. CED -14. A hydraulic /hydrology study shall be prepared which analyzes the hydraulic capacity of the drainage system, with and without the storm drain system for the proposed development. The Developer shall make any downstream improvements, required by Ventura County Flood Control and the City , to support the proposed development. CED -15. The Developer shall demonstrate that surface drainage from the site shall not drain over the sidewalk or the driveways. CED -16. All structures within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. CED -17. The Developer 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 shown on existing drainage 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 (if applicable) must also be acceptable to the Ventura County Flood Control District. National Pollutant Discharge Elimination System ( NPDES) CED -18. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Stormwater Quality Management Program, NPDES Permit No. CAS063339. UMOR_PRl_SERVICITY SHAREICommuno DevelopmenMveWmIDEVELOPMENT CONDITIONSW5147 conddions.doc 0 0004 Conditions of Approval Tentative Tract Map No. 5147 Page 14 CED -19. The project Management development Engineer. CED -20. All on -sit constructed - Drains to construction plans shall incorporate Best Practices (BMPs) applicable to the for the review and approval of the City e storm drain inlets, whether newly or existing, shall be labeled "Don't Dump Arroyo" CED -21. Landscaped areas shall be designed with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides which can contribute to urban runoff pollution. Parking and associated drive areas with 5 or more spaces shall be designed to minimize degradation of stormwater quality. Best Management Practices, such as oil /water separators, sand filters, landscaped areas for infiltration, basins or approved equals, shall be installed to intercept and effectively prohibit pollutants from discharging to the storm drain system. The design must be submitted with the Stormwater Pollution Prevention Plan to the City Engineer for review and approval prior to the issuance of a grading permit. CED -22. 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. All materials required by FEMA for a map revision shall be provided to the City Engineer's office. This material will demonstrate the revised flood plain locations following development. This information will be forwarded by the City Engineer to the FEMA for review and updating of the National Flood Insurance Program maps. If updates to the flood zone have been made a conditional letter of map revision shall be provided to the City prior to issuance of a zone clearance for occupancy of the first residential U40R —PRI— SERVILITY SHARE%CommuOy DevelopmenAEveryonelDEVELOPMENT CONDITIONSW5147 condXws.doc 001004.3 Conditions of Approval _entative Tract Map No. 5147 Wage 15 unit. The Developer will be responsible for all costs charged by the FEMA and the City's administrative costs. CED -23. The following requirements shall be included in the CC &R's: A. All property areas shall be maintained free of litter /debris. B. All on -site storm drains shall be cleaned at least twice a year, once immediately prior to October 15 (the rainy season) and once in January. Additional cleaning may be required by the City Engineer. C. Private roads and parking lots /drive - throughs shall be maintained free of litter /debris. Sidewalks, parking lots and drive - throughs shall be swept regularly to prevent the accumulation of litter and debris. When swept or washed, debris must be trapped and collected to prevent entry to the storm drain system. No cleaning agent may be discharged to the storm drain. If any cleaning agent or degreaser is used, washwater shall not discharge to the storm drains; washwater should be collected and discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review, approval, and conditions of the wastewater treatment plant receiving the discharge. D. Any exterior metal building surfaces, including roofing, shall be coated or sealed with rust inhibitive paint to prevent corrosion and release of metal contaminants into the storm drain system. E. Landscaping shall be properly maintained with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides which can contribute IWOR PRLSERVICITY SHAREICommunity Development EveryonelDEVELOPMENT CONDITIONSW5147 conditions.doc 00(1 9ZL-f Conditions of Approval Tentative Tract Map No. 5147 Paae 16 to urban runoff pollution. The Property owner's association shall provide for maintenance of parkway and median landscaping, if an assessment district is not feasible. F. Trash enclosures and /or recycling area(s) shall be covered. All litter /waste material shall be kept in leak proof containers. The floor surface of the trash area shall be paved with impermeable material. No other area shall drain onto the trash enclosure. There shall be no drain connected from the trash enclosure area to either the storm drain system or the sanitary sewer. However, the enclosure shall be designed and constructed with provision for future connection to the sanitary sewer. CED -24. Prior to the issuance of any [construction /grading permit] and /or the commencement of any clearing, grading or excavation, the applicant /owner shall submit a Stormwater Pollution Control Plan ( SWPCP) , on the form provided by the City for the review and approval of the City Engineer. A. The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Stormwater Quality Management Program, NPDES Permit No. CAS063339. B. The SWPCP shall identify potential pollutant sources that may affect the quality of discharges to stormwater and shall include the design and placement of recommended. Best Management Practices (BMPs) to effectively prohibit the entry of pollutants from the construction site into the storm drain system during construction. C. Improvement plans shall note that the contractor shall comply to the "California Storm Water Best Management Practice Handbooks" D. Prior to the issuance of any construction /grading UMOR_PRI SERVICIIY SHAREIConmunO Development Everyone'DEVELOPMENT CONDIT10NSW5141 cond4ions.doc ()(j,0045 Conditions of Approval Tentative Tract Map No. 5147 Page 17 permit and /or the commencement of any clearing, grading or excavation, the applicant /owner shall also submit a Notice of Intent (NOI) to the California State Water Resources Control Board, Storm Water Permit Unit in accordance with the NPDES Construction_ General Permit (No. CASQ00002): Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activities). The applicant /owner shall comply with all additional requirements of this General Permit including preparation of a Stormwater Pollution Prevention Plan (SWPPP) E. The Subdivider /Developer 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." The developer shall submit a Notice of Intent (NOI) to the City Engineers office as proof of permit application. F. The Subdivider /Developer shall also comply with NPDES objectives as outlined in the " Stormwater Pollution Control Guidelines for Construction Sites ". This handout is available at the City Engineer's office and a copy will be attached to the approved grading permit. Street Improvement Requirements: CED -25. The Developer shall verify that all street improvements are consistent with City policy and Ventura County road standards. Publicly dedicated streets shall conform to the design requirements of the Ventura County Road Standards (most recent revision) . The Developer shall submit to the City for review and approval, street improvement plans prepared by a Registered Civil Engineer; and shall post sufficient surety guaranteeing the construction of the improvements. Street improvements and median and WOR_PRI_SERMITY SNAREICommuOy Deve4menAEveryonelDEVELOPMENT COND1T10NSW5147 conditions.doc OC(IOAG Conditions of Approval Tentative Tract Map No. 5147 Page 18 parkway landscaping shall not be accepted by the City for maintenance un_il completion, unless otherwise determined by the City Engineer. CED -26. The Developer shall apply for and pay required fees associated with a City encroachment permit. An encroachment permit is required for any work within the City Right of Way. CED -27. The street improvements shall include concrete curb and gutter, parkways, street lights, and signing, striping, interim striping and 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 Developer shall dedicate any additional right -of -way necessary to make all of the required improvements. CED -28. Perimeter Wall Prior to approval of the Final Map, the developer shall construct a wall to be located not closer than ten (10) feet to the northern property lines of the lots along the 118 Arterial Bypass and along the North -South Arterial Connection Street. The design and location of the wall shall be incorporated into the landscape plan and is subject to the review and approval of the Director of Community Development. The height of the wall shall be determined by the Director of Community Development and shall not exceed eight (8) feet. The wall shall be approved and constructed as part of the first phase of public street improvements. The applicant shall bond for the total cost of this improvement. CED -29. "A" Street shall be designed per Ventura County Standard Plate B -3D (REV. G). CED -30. "B" Street shall be designed per Ventura County Standard Plate B -3D (REV. G). The cul -de -sac at the western end of "B" street shall be designed per Ventura County Standard Plate C -3 with 11 MOR—PRI_SERMITY SHARE1Community DevelopmentlEveryonelDEVELOPMENT CONDITIONSW5147 conditions. doc Conditions of Approval Tentative Tract Map No. 5147 Page 1.9 a modified 45 -foot pavement radius (REV. D). The temporary turn - around at the eastern end of street shall be designed in conformance with the County Fire Department requirements. CED -31. "C" Street shall be designed g per Ventura County Standard Plate B -3C (REV. G) and D -5. The following exceptions to the Standard Plate shall be incorporated in the design: (1) the sidewalk shall be 5 feet wide and placed adjacent to the curb. CED -32. The Paved Access Road, which runs from the Eastern property line easterly to Gabbert Road, shall be designed based on 32 feet wide asphaltic concrete pavement with curbs, where necessary, to provide positive drainage. Rolled curbs shall be used, where Possible, to allow for emergency parking. All other stopping or parking shall be prohibited. The alignment shall approximate the current location of the unpaved access road. The City Engineer shall review and approve the final location, geometric alignment and all other design features of the conceptual and final design of the Paved Access Road. Due to the non- standard design of the paved access road, the Developer shall submit a hold harmless statement in favor of the City, language to be approved by the City (DA 6.21) . CED -33. Gabbert Road shall be designed to provide four (4) travel lanes and two eight (8) foot bike lanes per Ventura County Standard Plate B -3A (REV. G) from the south property limit of the Union Pacific Railroad for a minimum distance of 125 feet north of the north property limit of the Union Pacific Railroad. The following exceptions to the Standard Plate shall be incorporated in the design: (1) the sidewalks shall be 5 feet wide, (2) the parkway shall be 5 feet wide and placed between the edge of the sidewalk and the face of curb, (3) the total right of way width within and adjacent to the Union Pacific Railroad property shall IIMOR PRI- SERMITY SHAROCommunity DevebpmenAEveryoneIDEVELOPMENT CONDITIONSW5147 oondr6ons.doc 000043 Conditions of Approval Tentative Tract Map No. 5147 Page 20 be adjusted to accommodate a raised island with portland concrete curb (10 feet wide or less for installation of railroad signal poles and arms) , (4) the cross slopes on the pavement shall conform to the cross slopes of railroad crossing materials, and (5) a turning lane shall be provided to the paved access road (DA 6.19) . CED -34. A traffic signal shall be designed and installed at the intersection of Poindexter Avenue and Gabbert Road per Caltrans Traffic Manual. Installation shall occur at the time of the installation of street improvements as required by Section 6.20 of the Development Agreement, unless it is determined that fair share payment of the cost of said installation is allowed. CED -35. The portion of the Connector Road, which runs from the north side of Los Angeles Avenue northerly to a point approximately 600 feet north of the north property limits of the Union Pacific Railroad to connect to the 118 Arterial Bypass including an underpass under the railroad, shall be designed per Ventura County Standard Plate B -3A (REV. G) The following exceptions to the Standard Plate shall be incorporated into the design: (1) the total right of way shall be 100 feet, (2) the sidewalks shall be 5 feet wide and separated by a five (5) foot parkway from the back of curb and (3) the parkway shall be 18 feet wide from the back of curb to the right of way lines inclusive of the sidewalk. Prior to grading, the Developer shall provide an irrevocable offer to dedicate right -of -way to the City for the north -south connector road. The right -of -way shall be 100' along the eastside of the VCFCD channel. The road alignment as shown on the Tentative Tract Map shall be modified as determined by the City Engineer to be located entirely within the City's boundary (DA 6.22). CED -36. The portion of the Connector Road, which runs from approximately 600 feet north of the north property limits of the Union Pacific Railroad to a point JW0R_PRI_SEROCITY SHAREICommunity DevelopmentlEveryonelDEVELOPMENT CONDITIONSW5147 conditns.doc 0010049 Conditions of Approval Tentative Tract Map No. 5147 Page 21 approximately 120 feet south of the north property line of the Developer's property, shall be designed as a level right of way with sufficient slopes to accommodate future construction of a street. CED -37. The northern 120 feet of the property shall be graded in conjunction with the property at the Developer's sole expense as a level right of way for future construction of the 118 Arterial Bypass. The Developer shall grade the right of way for the 118 Arterial Bypass and the portion of the Connector Road from 600 feet north of the Union Pacific Railroad to the south side of the 118 Arterial Bypass as directed by the City Engineer. Prior to grading, the Developer shall provide an irrevocable offer to dedicate right -of -way to the City for the future 118 Arterial Bypass. The right -of -way shall be 120 feet (1201) wide along the north side of the property. CED -38. The radius connection between the 118 Arterial Bypass and the North -South Connector Street shall be 200 feet. Others CED -39. All curb returns on the streets to be improved shall be designed with 45 feet radii. CED -40. The Developer shall provide slope easements for road maintenance purposes only along all roads where the top of cut plus 5 feet or the toe of fill plus 5 feet is beyond the dedicated right -of -way. Said slope easements shall include the area covered by the cut slope plus 5 feet and fill slope plus 5 feet. CED -41. Street lights shall be provided on the improvement plans per Ventura County Standards and as approved by the City Engineer. CED -42. Above ground obstructions (utility cabinets, mailboxes, etc.) are to be placed within the right -of- way landscaping areas whenever possible. When above ground obstructions are to be placed within the IWOR PRLSERMITY SHARE1Community DemlopmenflEveryonelDEVELOPMENT CONDITIONSW5147 condrtions.doc 00( 14_);�oo Conditions of Approval Tentative Tract Map No. 5147 Page 22 sidewalk, a minimum five (5; foot clear sidewalk width must be provided around the obstruction. CED -43. Additional surety shall be provided for resurfacing and /or repair of the full width portion of Gabbert Road from Poindexter Avenue to the northerly limits of the transition work. The surety shall be used to secure the curb replacement and overlay or slurry of the street, as a result of damage from construction work or utility trenching. The City may require restoration of the street before occupancy of any building. Surety will be returned upon the City Engineer accepting the condition of the street. CED -44. The Developer shall offer to dedicate to the City for public use, all right -of -way easements for public streets. The offer to dedicate all streets in the project shall not be accepted until dedicated public access is provided. CED -45. The Developer shall execute a covenant running with the land on the behalf of itself and its successors, heirs, and assigns agreeing to participate in the formation of an assessment district, if successful, to fund public street and traffic improvements directly or indirectly affected by the development. CED -46. In accordance with Business and Professions Code 8771 the street improvement plans shall, provide for a surveyors statement on the plans, certifying that all recorded monuments in the construction area have been located and tied out or will be protected in place during construction. CED -47. The Developer, at his expense, will undertake any right -of -way acquisition necessary to complete the required improvements. CED -48. The Developer shall submit wall and landscaping plans showing that provisions have been made to provide for and maintain proper sight distances. CED -49. The Developer shall post sufficient surety IIMOR_PRI_SEMACITY SHAREIGowunity DevelopmentlEveryonel)EVELOPMENT CONDITIONSW5147 conditions.doc Oc;t "(' Conditions of Approval Tentative Tract Map No. 5147 Page 23 guaranteeing compler-ion all improvements which revert to the City (i.e., grading, street improvements, storm drain improvements, landscaping, fencing, bridges, etc.) or which require removal (i.e., access ways, temporary debris basins, etc.) in a form acceptable to the City. The surety shall include provisions for all site improvements within the development and other off -site improvements required by the conditions as described herein. CED -50. The Developer shall demonstrate legal access to all lots to the satisfaction of the City Engineer. Developer shall acquire and construct, at their sole cost, dedicated public access to the properties as approved by the City Council. Secondary access shall comply with the City and public safety requirements shall be provided at their sole cost consistent with provisions of the Development Agreement. The Developer shall dedicate to the City all rights of access to the North -South connector road and the 118 Arterial Bypass in order that the abutting property owners shall have no rights of access whatsoever to these designated rights -of -way. CED -51. Any special street intersection treatments shall be approved by the City Engineer and the Director of Community Development. CED -52. The Developer shall make a special contribution to the City representing the Developer's pro -rata share of the cost of improvements at the following intersections: New Los Angeles Avenue /Tierra Rejada Road($100,000) New Los Angeles Avenue /Moorpark Avenue ($165,000) New Los Angeles Avenue /Spring Road ($150,000) Poindexter Avenue /Moorpark Avenue ($120,000) The actual contribution (pro -rata share) shall be based upon the additional traffic added to the IL4fOR- PRI- SERVIGTYSHAREICommunityDevetopmentlEveryonelDEVELOPMENTCONDITIONSUr5147 condrtions.doc 0010052 Conditions of Approval Tenta�ive Tract Map No. 5147 Page 24 intersection. The Developer's traffic engineer shall provide the City Engineer an estimate of the projected numbers for calculation of the pro -rata share. CED -53. The Developer shall pay all energy costs associated with public street lighting for a period of one year from the acceptance of the street improvements. UTILI'T'IES CED -54. Utilities, facilities and services for Tract 5147 will be extended and /or constructed in conjunction with its phased development by the developer as the project proceeds. Water & Sewer A. The developer will be responsible for the construction of all onsite and offsite sanitary sewer facilities to serve the project. The developer shall enter into an agreement with V.C.W.W. Dist. No. 1 to construct the improvements and the system will be dedicated to V.C.W.W. Dist. #1 for maintenance. B. Prior to recordation of a final map, the City, Calleguas Municipal Waterworks District and Ventura County Water Works District No. 1 shall approve final plans for water distribution. Either the subdivider shall construct the re- quired distribution facilities or enter into an agreement with the Calleguas Municipal Water Dis- trict and /or Ventura 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 V.C.W.W. District No. 1 standards. Other Utilities: C. Provisions for electrical, natural gas, telephone and solid waste collection services and cable 11MOR_PRI_SERVICITY SHAREICommunity DevelopmentlEveryonelDEVELOPMENTCONDITIONSVrSI47 conditions.doc 0000 't) Conditions of Approval Tentative Tract Map No. 5147 Page 25 television shall be made prior to development of the project area. All services can be extended by each respective company to meet future demands of the tract. 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. CED -55. All existing and proposed utilities shall be placed underground as approved by the City Engineer. CED -56. Surety for Utilities Prior to approval of a final map, the subdivider shall post sufficient surety to assure that all proposed utility lines 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 KVA 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 roads of the site. All utility lines either existing or proposed that must connect across Los Angeles Avenue to provide service to this site shall be placed underground via an underground conduit. CED -57. The Developer shall offer to dedicate to the City public service easements as required by the City. Where gated access is provided, the applicant shall provide a means for immediate access of fire and police emergency vehicles. A. The applicant shall make an irrevocable dedication on the Final Map of easements to the City over all private streets shown on the Tentative Map for the purpose of providing access to: a) all governmental agencies that provide public safety, health and welfare services or that enforce laws and ordinances; and b) all members of the public who reasonably need to be IVAOR- PRI- SERVOTY SHAROCommundy DevelopmenflEveryoneIDEVELOPMENT CONDITIONSW5147 conddions.doc 00005).7t, Conditions of Approval Tentative Tract Map No. 5147 Page 26 vacated over the private streets because of a state of emergency declared by a representative of the City or of the Ventura County Fire Protection District. CED -58. Prior to submittal of the Final Map to the City for review and prior to approval, the Developer shall transmit by certified mail a copy of the conditionally approved Tentative Map together with a copy of Section 66436 of the State Subdivision Map Act to each public entity or public utility that is an easement holder of record. Written compliance shall be submitted to the City . PRIOR TO ISSUANCE OF A ZONE CLEARANCE FOR GRADING, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: CED -59. All conditions required prior to Final Map Approval shall be complied with. CED -60. All structures and walls in excess of 6 feet in height require Planning Department approval. CED -61. Prior to the issuance of any grading permit, the Developer shall submit a Storm Water Pollution Control Plan (SWPCP) , on the form provided by the City for the review and approval of the City Engineer. CED -62. The Developer shall prepare a master agreement among all owners of commercial and manufacturing developments within the tentative map boundary which shall provide for a Slope Maintenance Program designed to ensure that risks of slope failure are minimized. This slope maintenance program shall address recommendations contained in the project geotechnical report. The Slope Maintenance Program document shall be reviewed and approved by the City Geologist, City Engineer and Director of Community Development prior to issuance of permits for rough grading. DURING GRADING, THE FOLLOWING CONDITIONS SHALL APPLY: CED -63. Grading may occur during the rainy season from October WOR— PRI— SERVICI TYSHAROCommuni tyDevelopmentfEveryon OEVELOPMENTCONDITIONSW51A7condrtions .doc Conditions of Approval Tentative Tract Map No. 5147 Page 27 15 to April 15 subject to installation of debris and erosion control facilities. Erosion control measures shall be in place and functional between October 15th and April 15th. CED -64. Prior to any work being conducted within the State, County, or City right of way, the Developer shall obtain all necessary encroachment permits from the appropriate Agencies. CED -65. During clearing, grading, earth moving or excavation operations, dust emissions should be controlled by regular watering with reclaimed water, if available, paving construction roads and other dust prevention measures. The Developer shall submit a dust control plan, acceptable to the city, concurrently with submittal of the rough (as opposed to the fine) grading plan. This plan shall include, but is not be limited to the following measures: A. Water all site access roads and material excavated or graded on or off -site to prevent excessive amounts of dust. Watering shall occur a minimum of at least two times daily, preferably in the late morning and after the completion of work for the day. Additional watering for dust control shall occur as directed by the City. The Dust Control Plan shall indicate the number of water trucks which will be available for dust control at each phase of grading. B. Cease all clearing, grading, earth moving, or excavation operations during periods of high winds (greater than 15 mph averaged over one hour). The contractor shall maintain contact with the Air Pollution Control District (APCD) meteorologist for current information about average wind speeds. C. Water or securely cover all material transported off -site and on -site to prevent excessive amounts of dust. IIMOR PRI- SERVICITYSNAREICommunilyDevebpmentlEvegcne0EVELOPMENTCONDITIONSI 147conditms.doc 000056 Conditions of Approval Tentative Tract Map No. 5147 Waage 28 D. Minimize the area disturbed at any one time by clearing, grading, earth mov =ng 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. Facemasks shall be used by all employees involved in grading or excavation operations during dry periods to reduce inhalation of dust that may contain the San Joaquin Valley Fever causing fungus. G. on -site vehicle speed shall .-,e limited to 15 mph. All areas experiencing vehicle traffic (e.g. parking areas, dirt roads linking different construction areas, etc.) shall be watered periodically. H. Wash off heavy -duty construction vehicles before they leave the site. CED -66. After clearing, grading, earth moving, or excavation operations, and during construction activities, fugitive dust emissions should be controlled using the following procedures: A. Apply non - hazardous 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. B. 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. CED -67. All diesel engines used in construction equipment 11MOR —PR! SERVICITYSHAREICommunityDevelopmenAEveryonelDEVELOPMENTCONDITIONSV6147condiums .doc 0 0005 Conditions of Approval Tentative Tract Map No. 5147 Page 29 should use high pressure injectors and reformulated diesel fuel. CED -68. During smog season (May - October) the City shall order that construction cease during Stage III alerts to minimize the number of vehicles and equipment operat- ing, lower ozone levels and protect equipment opera- tors from excessive smog levels. The City, at its discretion, may also limit construction during Stage II alerts. CED -69. During site preparation and construction, construct temporary storm water diversion structures per City standards. CED -70. Construction activities shall be limited to between the following hours: a) 7:00 a.m. and 7:00 p.m. Monday through Friday, and b) 9:00 a.m. to 6:00 p.m. Saturday. Construction work on Saturdays will require payment of a premium for City inspection services, and may be further restricted or prohibited should the City receive complaints from adjacent property owners. No construction work is to be done on Sundays, pursuant to Section 15.26.010 of the Municipal Code. CED -71. All import /export activities from the site, in excess of 100 cubic yards, shall require prior City approval and issuance of an encroachment permit. All requests for over 100 cubic yards of import /export must be made in writing to the City Engineer. CED -72. Truck noise from hauling operations shall be minimized through establishing hauling routes which avoid resi- dential areas and requiring that "Exhaust Brakes" not be used along the haul route within the City. The hauling route must be identified as part of the grading plan and be approved by the City Engineer. CED -73. The Subdivider /Developer shall ensure that construc- tion equipment is fitted with modern sound - reduction equipment. CED -74. Equipment not in use for more than ten minutes should WOR- PRI-SERVOTY SNAREICommunity Developmen( Everyonel)EVELOPMENT CONDITIONSW5147 condkiws.doc 000056 Conditions of Approval Tentative Tract Map No. 5147 Page 30 be turned off. CED -75. 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. CED -76. When in the opinion of the Public Works or Building Inspector an attractive nuisance exists, the Subdivider /Developer 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. CED -77. Equipment engines shall be maintained in good condition and in proper tune as set forth in manufacturers' specifications. CED -78. Upon completion of rough grading, an as- graded geotechnical report, documenting site grading and fill placement, should be prepared by the project geotechnical engineer and submitted to the City. The report shall include results of all fill density testing and in- grading expansion index, shear strength and R -value testing, and a map depicting the limits of grading, density test locations, removal area locations and bottom elevations, subdrain locations and flow line elevations, and geologic conditions exposed during grading. PRIOR TO ISSUANCE OF A ZONING CLEARANCE FOR A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED: CED -79. The Conditions of Approval for Tentative Tract Map 5147 shall apply to Industrial Planned Development IWOR PRI_SERVICITY SHAREICommu *OevelopmenAEvewnelDEVELOPMENT CONDITIONSV6147 condiVons.doc Conditions of Approval Tentative Tract Map No. 5147 Page 31 permits issued for Tract Map 5147. CED -80. An As- Graded geotechnical report and rough grading certification shall be submitted to and approved by the City Engineer and Geotechnical Engineer. CED -81. Prior to issuance of a building permit for any portion of the property that exceeds forty percent (40 %) of the acreage of the total of all lots created by the recordation of the first final map, City approval for the final design plans of the North -South Connector Street to the 118 arterial bypass and a financing plan as described Section 6.22 of the Development Agreement. (CED -34 must be obtained.) CED -82. Prior to issuance of a building permit for any portion of the property that exceeds seventy percent (70 %) of the net acreage of the total of all lots, Developer shall cause to be constructed the North -South Connector Street to 118 bypass described in Section 6.22 of the Development Agreement. PRIOR TO ISSUANCE OF A ZONING CLEARANCE FOR OCCUPANCY THE FOLLOWING CONDITIONS SHALL BE SATISFIED: CED -83. A copy of the recorded Map(s) shall be forwarded to the City Engineer for filing. CED -84. The Developer shall pay all County Fees related to the Computer Aided Mapping System (CAMS) and shall provide the City Engineer's office with receipts or other documentation as proof of payment. CED -85. A final grading certification shall be submitted to and approved by the City Engineer. CED -86. All existing and proposed utilities shall be placed underground as approved by the City Engineer. CED -87. If directed by the City, the Developer shall have repaired, overlayed or slurried that portion of Gabbert Road affected by this development. The repairs, curb replacement, parkways, sidewalks, and overlay or slurry of the street, as a result of damage I 01URLSERVOTY SHAROCommunify DevelopmenflEveryonelDEVELOPMENT CONDlT10NSW5147 condNws.doc O000�o Conditions of Approval Tentative Tract Map No. 5147 Page 32 from construction work or utility trenching shall be along the entire length of the project including transitions unless otherwise approved and shall be completed to the satisfaction of the City Engineer. CED -88. The Developer shall execute a covenant running with the land on the behalf of itself and its successors, heirs, and assigns agreeing to participate in the formation of an assessment district and, if successful, to fund assessment levies for the purpose of maintenance of street lighting, parkway and median landscaping, parks and other public facilities. Prior to the issuance of a Zoning Clearance for Occupancy, the construction of all conditioned improvements with the exception of the 118 Arterial Bypass and the North -South Connector Road shall be completed to the satisfaction of the City Engineer, except that permits may be issued for up to 70% of the net lot acreage approved for development. CED -89. PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: A. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. B. The Subdivider /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. C. All surety guaranteeing the public improvements shall remain in place for one year following acceptance by the City. Any surety that is 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 W0R_PRI SERVUTVSHARE► C6wunXyDen" mentlEverWmDEVELOPMENTCONDMONSW5147conditns .doc ()00 0 6 Conditions of Approval Tentative Tract Map No. 5147 Page 33 surety and shall be increased in like manner each year thereafter. D. 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 3611, they must be resubmitted as "as builds" in a series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as builds" plans is required before a final inspection will be scheduled. The developer shall pay a pro -rata share, as determined by the City, for construction of the improvements identified in the Gabbert and Walnut Canyon Channels Deficiency Study. Developer shall be solely responsible for the cost and construction of any interim channel improvements that may be necessary to facilitate any new use or development of the property (DA 6.13). COUNTY OF VENTURA ENVIRONMENTAL HEALTH DIVISION: EHD -1. All water impoundment(s) shall be maintained in a manner which will not create mosquito breeding sources. CWD -1. VENTURA COUNTY WATERWORKS DISTRICT NO. 1: District shall approve the water and sewer improvement plans after all the following items are completed: A. District annexation documents (refer to the water and sewer availability letter dated June 8, 1998) . B. Water and sewer improvement plans prepared in accordance with District standards. Sample format is available at the District upon request. C. Hydraulic analyses by a registered Civil Engineer to determine the adequacy of the proposed and W0R_PRLSERVCATY SHARLICommunity DevelopmenAEverrneU)EVELOPMENT CONOlTIONSVr5l47 conftws.doc 0000 ;;± Conditions of Approval Tentative Tract Map No. 5147 Page 34 existing water lines, storage facilities and sewer lines. D. Copy of the approved County of Ventura Fire Prevention District on the location of the fire hydrants. E. Sealed copy of "Memorandum of Understanding" and "Proof of Payment of the Capital Construction Charge" from Calleguas Municipal Water District. F. Cost estimates for water and sewer improvements. G. Payment for the following fees: Annexation, plan check, construction inspection, capital improvement charge, sewer connection fee and water meter charge. H. Grading, drainage and street improvement plans. I. Tract Map showing water and sewer easements dedicated to the District. J. Signed Contract to I, and Surety Bond. K. The applicant shall comply with the applicable provisions of the District Rules and Regulations. VENTURA COUNTY AIR POLLUTION CONTROL DISTRICT CONDITIONS APC -1. All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds (i.e. greater than 15 miles per hour averaged over one hour) to prevent excessive amounts of fugitive dust. APC -2. All trucks that will haul excavated or graded material off site shall comply with State Vehicle Code Section 23114, with special attention to Section 23114 (b) (F) , (e) (2) and (e) (4) as amended, regarding the prevention of such material spilling onto public streets and roads. APC -3. All unpaved on -site roads shall be periodically watered or treated with environmentally -safe dust suppressants to prevent excessive amounts of dust. WOR— PRI_SERYICITY SHARE1Community DevefopmenAEveryomIDEVELOPMENT CONDITIONSM147 Conddions.dX d0i�+GEi,y Conditions of Approval Tentative Tract Map No. 5147 Page 35 APC -4. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive amounts of fugitive dust. APC -5. All active portions of the site shall be either periodically watered or treated with environmentally - safe dust suppressants to prevent excessive amounts of dust. APC -6. On -site vehicle speeds shall not exceed 15 miles per hour. APC -7. Equipment engines shall be maintained in good condition and in proper tune as per manufacturer's specifications. VENTURA COUNTY FIRE DISTRICT CONDITIONS VFD -1. Where two way traffic and on- street parallel parking on both sides occur, a 36 foot street width shall be provided. VFD -2. Access roads shall not exceed 15% grade. VFD -3. All driveways and roads shall have a minimum vertical clearance of 13 feet 6 inches (13'6"). VFD -4. All approved turnaround areas or easements for fire apparatus shall be provided where the access road is 150 feet or farther from the main thoroughfare. VFD -5. Two points of access, one of which may be for emergency use only shall be provided for this project (This condition reworded by Planning Department staff) VFD -6.. An emergency access shall be provided and shall have an all weather surface meeting Fire District standards for width, grade length, and curve radii. This improvement shall be made to connect this project or any phase thereof to Los Angeles Avenue. Indicate on a site plan the connection to Los Angeles Avenue. VFD -7. Gates used to control vehicle access shall be designed as required by the Fire Department Gate Guidelines. IIMOR PRI— SERVICITYSHAREICommvOYDem4mentlEveryoneV) EVELOPMENTCOND ITIONS1h$147condifions.doc 0010064 Conditions of Approval Tentative Tract Map No. 5147 Page 36 Design criteria includes, stacking method of gate control, clear widths, and knox box systems for secured gates. Gate plans shall be submitted to the Fire Prevention Division for review and approval prior to map recordation. VFD -8. Prior to recordation, street names shall be submitted to the Fire District's Communications Center for review VFD -9. Street name signs shall be installed in conjunction with the road improvements. The type of sign shall be in accordance with the City Road Standards. VFD -10. Prior to combustible construction, all weather access road /driveway suitable for use by a 20 ton Fire District vehicle shall be installed. VFD -12. VFD -16. Prior to construction, the Applicant shall submit plans to the Fire District for approval of the location of hydrants, and show existing hydrants within 300 feet of the development. VFD -13. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Moorpark Water Works Manual. VFD -14. Each hydrant shall be a 6 -inch wet barrel design and shall have (1) 4 inch and (2) 2 1/2 inch outlet(s). VFD -15. The required fire flow shall be achieved at no less than 20 -psi residual pressure. VFD -16. 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. VFD -17. Fire hydrants shall be set back in from the curb face 24 inches on center. 11MOR—PRI—SERVICITY SHAREICommunity DevelopmenAEveWvOEVELOPMENT CONDITIONSVr5147 conditns.doc 00006`J ITEM MOORPARK, CALIFORNIA City of Moorpark Planning Wmmission Muting Coumlunity Development Department °f /zn ACT Staff Report ION: February 10, 2000 BY T PLANNING COMMISSION MEETING DATE: February 14, 2000 QTR 5147 TRACT MAP TO CREATE 17 INDUSTRIAL LOTS IAPN 500 -34 -22 CEQA Mitigated Negative Declaration (APPLICANT: A -B Properties i REQUEST: Subdivision of a 34.53 acre site into 17 lots. Planning Commission action will be a recommendation to the City Council. ENVIRONMENTAL ASSESSMENT: A Mitigated Negative Declaration has been prepared and is subject to a recommendation by the Planning Commission to the City Council. LOCATION: Approximately 1,300 feet west of Gabbert Road, north of the Union Pacific Railroad right -of -way. I 1. SITE MAP I I �I SITEf ,l W HEF �CHC CT UJR DR DISCG i CT j ANGELES LOS.................... yGIEH klpfl►Nb{Lf Si � �,�1W Recommendation Summary: Recommend to the City Council approval with conditions. at10UGti ATTACHMENT "?- " FILE COPY Planning Commission Staff Report Tract Map No. 5147 (A -B Properties) February 10, 2000 Page 2 BACKGROUND AND PRIOR ACTIONS: • Ordinance No. 249 for approval of Zone Change No. 97 -6 to change the designation from A -E (Agricultural Exclusive) to M- 2 (Medium Industrial) was adopted by the City Council on December 16, 1998. • Two Development Agreements (A -B Properties and the City and Southern California Edison Company and the City) were adopted by Ordinance No. 250 by the City Council on December 16, 1998. • The City Council adopted Resolution No. 98 -1556 approving General Plan Amendment No. 97 -2 on December 16, 1998 amending the Land Use Element of the General Plan from "AG -1" (Agricultural ldu /10 -40 acres) to "I -2" (Medium Industrial). GENERAL PLAN /ZONING AND USES: SITE AND SURROUNDING USES: Direction Zoning General Plan Site M -2 I -2 North AE RL East AE RL West AE RL South M -2 I -2 Explanation: Zoning General Plan: ORDINANCE /POLICIES: Land Use Agricultural (row crop) Vacant & Residential Vacant Flood Control Channel Agricultural Grove) Utility Lines Railroad, vacant land M -2 = Limited Industrial AE = Agricultural Exclusive I -2 = Medium Industrial RL = Rural Low (1 du /5 acres maximum) • Subdivision Ordinance - This subdivision is governed by the Subdivision Ordinance which was adopted to implement and supplement the California Subdivision Map Act and govern the filing, processing and approval of subdivisions. S: \COMMUNITY DEVELOPMENT\ EVERYONE\ PLANNING COMMISSION AGENDA REPORTS\ 000214 -TRACT 5147 - PCREPORTI.PC.DOC Planning Commission Staff Report Tract Map No. 5147 (A -B Properties) February 10, 2000 Page 3 • Zoning Ordinance Section 17.24.020B - establishes setbacks, building height and a minimum lot size of 10,000 sq. ft. This table also establishes the setback of building from Circulation Element streets. • General Plan Circulation Element - The north -south street at the project's west property line is designated as a four (4) lane arterial and the 118 Arterial Bypass is designated as a four (4) to six (6) lane Arterial by the Circulation Element. PROJECT DESCRIPTION: The subject tract map proposes to divide the existing 34.53 acre parcel into 17 lots ranging in size from one (1) acre to 1.22 acres. Interim (Temporary) access to the project site as required by the approved Development Agreement will be provided by a two lane roadway connecting the east side of the project to Gabbert Road where it will create a new intersection approximately 125 feet north of the railroad crossing. This two lane road which will connect the subject site at the east end of "C" Street will allow development of the property up to 70% of the net buildable area. Development of the property beyond the 70% limit will occur only after construction of a permanent connection of the subject site to Los Angeles Avenue via a public street along its west boundary line including undercrossing of the railroad tracks. The interim or temporary connection to Gabbert Road will then become an emergency access to the project for police and fire access and will be gated to control unauthorized travel. There is an existing Ventura County Flood Control District concrete flood control channel located contiguous and west of the proposed north -south connector street. ANALYSIS: Subdivision Design and Lot Size All of the proposed lots range in size from a minimum of 1.00 acre to a maximum of 1.22 acres (Lot 16) with the minimum lot size of 10,000 sq. ft. required by the Zoning Ordinance. Each of the lots will require approval of an Industrial Planned Development Permit for the construction of buildings and establishment of uses. No Industrial Planned Development Permits S :\COMMUNITY DEVELOPMENT \EVERYONE\ PLANNING COMMISSION AGENDA REPORTS\ 000214 -TRACT 5147 - PCREPORTI.PC.DOC 00 006 Planning Commission Staff Report Tract Map No. 5147 (A -B Properties) February 10, 2000 Page 4 have been submitted with this subdivision. Based upon the lot sizes proposed, the applicant should be aware of site design issues including, but not limited to: architecture, adequate landscaping, lot coverage, parking and loading, and building setbacks which are important issues for the City because of the future high visibility of this location. Because of this high visibility and the future construction of an Arterial roadway corridor on the west and north sides of this project, a decorative masonry wall six (6) to eight (8) feet in height together with a minimum ten (10) foot landscaped setback from the property line along this corridor should be incorporated as a design element. An industrial subdivision consisting of only smaller lots could preclude the use by a variety of larger, more economically viable industrial users requiring larger lot sizes. Industrial sites under approximately four (4) acres typically are not employee intensive, however, the proposed lots could be consolidated into larger lots through the lot line adjustment process. Traffic and Circulation Austin -Faust Associates, Inc. has prepared a traffic analysis based on year 2015 (General Plan build -out) traffic forecasts with and without the proposed project. The City's forecasting model, including the 118 Bypass was used to prepare the 2015 levels of service for the two scenarios. Consistent with the City's guidelines for conducting traffic impact analyses, operating conditions on the roadway system in the vicinity of the site were assessed based on AM and PM peak hour traffic levels at key intersections. Intersection capacity, based on intersection turn volume projections and buildout intersection design, were utilized to determine operating Levels of Service (LOS) . The City has adopted LOS "C" as the peak hour operating standard for intersections. The analysis produced values that resulted in relatively minor volume increases and acceptable levels of service, LOS "C" that would be maintained at each of the intersections studied (Gabbert Road /Poindexter Avenue; Poindexter Avenue /First Street; Moorpark Avenue /Los Angeles Avenue; Tierra Rejada Road /Gabbert Road; Los Angeles Avenue /Moorpark Avenue, and Los Angeles Avenue /Spring Road) . Traffic improvement requirements S: \COMMUNITY DEVELOPMENT\ EVERYONE\ PLANNING COMMISSION AGENDA REPORTS\ 000214 -TRACT 5147 - PCREPORTI.PC.DOC Planning Commission Staff Report Tract Map No. 5147 (A -B Properties) February 10, 2000 Page 5 have been included in the traffic improvement section of this report. Requirement for Legal Access At the present time, the subject property has permission to cross the property to the east which comprises a portion of Specific Plan No. 1, via a Atemporary easement -, that requires a yearly renewal at the option of the owner (Hitch Ranch). Currently, this easement lacks a specific width and alignment and is used for access to the agricultural use and open storage presently occurring on the subject site, and would not be appropriate to serve more intense uses. However, on an interim basis access to Gabbert Road for this project will be provided via a dedicated right -of -way along the approximate same alignment (see Attachment 9). The Municipal Code requires dedicated access for all development, and Section 6.14 of the Development Agreement requires the developer to acquire and construct, at developers sole cost, dedicated public access to the properties, including secondary access as approved by the City Council. A condition of approval requiring adequate, legal access to the property by a street connection to Los Angeles Avenue including an underground crossing of the railroad tracks is required prior to the issuance of building permits for development of structures above 70% of the acreage of the total of all lots created by recordation of the first final map. Community Circulation and Traffic Flow The Circulation Element of the General Plan includes a significant component that impacts this site designated as the 118 Arterial Bypass, which crosses the northerly portion of subject property in an east -west direction. Additionally, there is a north -south four (4) lane Arterial connecting the Bypass to Los Angeles Avenue via an under - crossing of the railroad tracks along the west edge of the subject property. This north -south Arterial connection will link the 118 Arterial Bypass to Los Angeles Avenue west of Gabbert Road. The required right -of -way will affect development of this property including: grading, site design and access. The Development Agreement which has been approved for this project, including Section 6.10 obligates the S: \COMMUNITY DEVELOPMENT\ EVERYONE\ PLANNING COMMISSION AGENDA REPORTS\ 000214 -TRACT 5147 - PCREPORTI.PC.DOC 0000's 0 Planning Commission Staff Report Tract Map No. 5147 (A -B Properties) February 10, 2000 Page 6 developer to provide 120 feet of right -of -way for the 118 Arterial Bypass, and 100 feet of right -of -way for the north -south Arterial connector to Los Angeles Avenue together with a curve radius that connects these two circulation components. The connecting radius, which is also based upon Development Agreement Section 6.10, states that the radius shall be "as determined by the City in its sole and unfettered discretion ". As currently presented in the proposed tentative map, this connecting radius is 150 feet however, the applicant has previously indicated to staff that a 200 foot radius will be provided if the City prefers, which is substantiated by Attachment No. 11. Provisions of a 200 ft. radius is viewed as adequate to transition to the east -west 118 Arterial alignment from the north /south criteria. The anticipated 118 Arterial Corridor width is 200 feet with approximately 100 feet required for roadbed development (paving and landscaping). The topography through the majority of subject property is primarily level and an additional 80 feet of right - of -way to the north is anticipated at some future date. Based upon the topography and future right -of -way, a 100 foot wide improved section could be off -set within the 200 foot right -of- way allowing any transition curve between Arterials to occur without affecting this industrial project. Additionally, the ultimate design of this connection between the 118 Arterial and the north -south arterial may be configured as a "T" intersection if extending roadway access to the north is determined to be needed. For comparison purposes, the curve radius along the east curb of Walnut Canyon Road between Casey and Wicks Roads and the curve of the southbound Hwy 23 off -ramp to New Los Angeles Avenue are both approximately 200 feet. Please refer to Attachment No. 9 for a map of the proposed project with the curve radius as noted below annotated on the site. Required Street Improvements Section 6.19 of the Development Agreement requires the Gabbert Road improvements be constructed prior to the issuance of building permit for improvement of more than forty percent (40 %) of the acreage of all lots created by the recordation of the first final map for this subdivision. Prior to the issuance of S:\COMMUNITY DEVELOPMENT\ EVERYONE\ PLANNING COMMISSION AGENDA REPORTS\ 000214 -TRACT 5147 - PCREPORT1.PC.DOC Planning Commission Staff Report Tract Map No. 5147 (A -B Properties) February 10, 2000 Page 7 building permits for development exceeding seventy percent (70 %) of all lots created by the first final map the developer is required to construct a street extending north from Los Angeles Avenue (SR 118) to a point approximately six hundred (600) feet north of the Union Pacific Railroad tracks including an underground crossing of the railroad tracks. The City Engineer has included conditions for the street improvements consistent with the City Standards and provisions of the Development Agreement including the following: "A" Street "A" Street will be designed per Ventura County Standard Plate B -3D (REV. G). This will have a right -of -way width of 60 feet with 40 feet curb to curb. "B" Street "B" Street will be designed per Ventura County Standard Plate B -3D (REV. G). This typical street section is the same as "A" Street. The cul -de -sac at the western end of "B" Street will be designed per Ventura County Standard Plate C -3 with a modified 45 -foot pavement radius (REV. D). The temporary turn- around at the eastern end of "B" Street will be designed in conformance with the County Fire Department requirements. "C" Street "C" Street will be designed per Ventura County Standard Plate B -3C (REV. G) and D -5. The following exceptions to the Standard Plate will be incorporated in the design: (1) the sidewalk will be 5 feet wide and will be located adjacent to the curb. Interim Access Road The interim (Temporary) road access, which runs from the Eastern property line of this proposed subdivision easterly to Gabbert Road, will be designed with a 32 foot wide paved surface with curbs, where necessary to control drainage. The alignment will S: \COMMUNITY DEVELOPMENT\ EVERYONE\ PLANNING COMMISSION AGENDA REPORTS\ 000214 -TRACT 5147 - PCREPORTI.PC.DOC Planning Commission Staff Report Tract Map No. 5147 (A -B Properties) February 10, 2000 Page 8 approximate the current location of the unpaved access road. The City Engineer will review and approve the final location, geometric alignment and all other design features of the conceptual and final design of the Paved Access Road. Gabbert Road Pursuant to Section 6.19 of the Development Agreement, the Developer will design Gabbert Road to provide four (4) travel lanes and two eight (8) foot bikelanes per Ventura County Standard Plate B -3A (REV. G) from the south property limit of the Union Pacific Railroad for a minimum distance of 125 feet north of the north property limit of the Union Pacific Railroad. The following exceptions to the Standard Plate will be incorporated in the design: (1) the sidewalks will be 5 feet wide, (2) the parkway will be 5 feet wide and placed between the edge of the sidewalk and the face of the curb, (3) the total right of way width within and adjacent to the Union Pacific Railroad property will be adjusted to accommodate a raised island with portland concrete curb (10 feet wide or less for installation of railroad signal poles and arms), (4) the cross slopes on the pavement will conform to the cross slopes of railroad crossing materials, and (5) a turning lane will be provided to the paved access road. A traffic signal will be designed and constructed for the intersection of Poindexter Road and Gabbert Road per the Caltrans Traffic Manual. Based on the Development Agreement improvements may not be required to be installed if the Arterial connection on the west side of the subject property is completed before issuance of building permits for more than 40% of the acreage of the total of all lots created by the recordation of the first final map. The applicant's Traffic Engineer and City's Traffic Engineer have come to consensus regarding the need to signalize this intersection. The City Engineer has conditioned the project to construct the traffic signal at the intersection of Poindexter Avenue and Gabbert Road. A memorandum from the City's Traffic Engineer justifying the need for the traffic signal dated February 11, 2000 (Attachment No. 12) will be delivered to the Planning Commission under separate cover. S: \COMMUNITY DEVELOPMENT\ EVERYONE\ PLANNING COMMISSION AGENDA REPORTS\ 000214 -TRACT 5147 - PCREPORTI.PC.DOC Planning Commission Staff Report Tract Map No. 5147 (A -B Properties) February 10, 2000 Page 9 North -South Connector Street to 118 The portion of the Connector Road, which runs from the north side of Los Angeles Avenue northerly to a point approximately 600 feet north of the north property limits of the Union Pacific Railroad including an underpass under the railroad, will be designed per Ventura County Standard Plate B -3A (REV. G) The following exceptions to the Standard Plate will be incorporated into the design: (1) the total right of way will be 100 feet, (2) the sidewalks will be 5 feet wide, and be separated by a five (5) foot parkway from the curb, and (3) the parkway will be 18 feet wide from the back of curb to the right of way lines. The portion of the Connector Road, which runs from approximately 600 feet north of the north property limits of the Union Pacific Railroad to a point approximately 120 feet south of the north property line of the Developer's property, will be graded as a level right of way with sufficient slopes to accommodate future construction of a street. 118 Arterial and Radius Connector The northern 120 feet of the property will be graded in conjunction with the property at the Developer's sole expense for future construction of the 118 Arterial. The Developer will grade the right -of -way and the portion of the north -south Arterial from 600 feet north of the Union Pacific Railroad to the south side of the 118 Bypass as directed by the City Engineer. A 200 foot radius to allow a smooth traffic flow between the 118 Arterial Bypass and North -South Arterial Street required by the Development Agreement will also be graded for the future roadway construction. The Developer has been conditioned to grant a Conservation Easement to retain that portion of the property west of, and including the Gabbert Canyon drain in a predominantly open space condition, except for the purposes which include the following: temporary construction (including temporary pumping needed for dewatering as part of any grading operations for the Property) , landscape maintenance of any manufactured slope areas, vegetation clearance within two hundred (200) feet of any structure for fire S: \COMMUNITY DEVELOPMENT\ EVERYONE\ PLANNING COMMISSION AGENDA REPORTS \000214 -TRACT 5147 - PCREPORTI.PC.DOC Planning Commission Staff Report Tract Map No. 5147 (A -B Properties) February 10, 2000 Page 10 hazard reduction, revegetation and biological habitat enhancement required by the City consistent with any mitigation Monitoring Program, drainage conveyance, emergency access or extension of the 118 Arterial. No excavation, drilling extraction, pumping (excluding such pumping as may be needed for dewatering as part of approved grading operations), mining, or similar activity shall be allowed in any portion of the property zoned Open Space. RECOMMENDATION: 1) Open the public hearing, accept public testimony and close the public hearing. 2) Consider the Negative Declaration prepared for the requested entitlements prior to making a recommendation to the City Council for approval or denial of the Tentative Tract Map. 3) Adopt Resolution No. PC 2000- recommending to the City Council conditional approval of Tentative Tract Map No. 5147. Exhibits: 1. General Plan Map 2. Zoning Map 3. Draft Resolution 4. Draft Conditions of Approval 5. Tract Map 5147 6. Conceptual Grading Plan 7. Drainage Concept 8. Environmental Document 9. Letter - Hitch Ranch dedication to Gabbert Road 10. Development Agreement 11. Applicant drawing - 200 foot radius 12. Memorandum from City's Traffic Engineer dated February 11, 2000. S: \COMMUNITY DEVELOPMENT \EVERYONE \PLANNING COMMISSION AGENDA REPORTS \000214 -TRACT 5147 - PCREPORTI.PC.DOC • dM _ _ �� ►. �711 SPECIR PLAN 1 _ LAND USE MIX" zo Py :n TOTAL ACR 285 MAXIMUM DWELLING UNITS 415 RH _ PULIC INSTITUTIONAL 3 ACI y MINI H RL H � n AG -1 E�Y .T10N n � A�RICt . . � •_ -- . u � SITE G) 3. M Z 1 -2 m T 1 -2 Z C -2 CITY LIMITS tF ii 000 i IN 0 :::. sm am .0 i 1 • son o► oi ,. • C- leis ME 11 ]ONS`od y_ _ 111111 1_I_W /'t :T4, A143 On &%'4 _]G'.4 ari .. 'i.ti= 111111 , I 1 �1��� • �t,r i r w, r r •' I 'A• '7' tii:tit{17 I I � •� emom Sam SKU ✓ a. \ \ 7 ` .: { \ VMIli1L RII@i iEG11t1M t Its _•.•- r t �:,., r AW iiiiltirw' .aa . ar... • � Mrra «•tl..- r � to 1� �+rfi' `� - ,�,' I ( -_ j �t: t: .3 �' Vo ka boo- , '.'ter, • � � r l y\, t•• si'Iii i:ft-- � •�` r r.. '�i'l.. � .� \ i .Yr • t f. � NaM+Y r��� r fit✓ —441, NEW BOX LL9~ • ..+..... �. rtc rr -+ • raa obrr 1 'f• _ 1 r r a mix Off OF A404MAN - - - - - -..:_ - ""'°'..,�,a.l..r.Ta'1T�►TNE TRACT NO. 5147 • illlr t.•N ATTACHMENT 5 � •7 t `r� t w -�-�. �• �� 11 IN r 44 `r strums �, •.' � ' � � ..._ Aln 1. N. ,, `/�}► /L7 ��" \ r/J ^� 0114 rl + "•IL�i� ■� J � 1 1 1 • 4b =w r, v Iz!w AWN IF v sox it it pt 'If RAN a" v Mr. I 1141f. ;-A h "'WNIM mrams VOIL3M "ft-oft *A. .1 ...... . ..... its/'V'NrPVA -Y Jwu Xv ,v-ft3 vvo 41 := 10# =m Iz!w AWN IF v sox it it pt 'If RAN a" v Mr. I 1141f. ;-A h "'WNIM mrams VOIL3M "ft-oft *A. .1 MITIGATED NEGATIVE DECLARATION TRACT 5147 LEAD AGENCY: CITY OF MOORPARK 799 MOORPARK AVENUE MOORPARK, CA 93021 APPLICANT: A -B PROPERTIES 4875 SPRING ROAD MOORPARK, CA 93021 PREPARED: January 14, 2000 nmmarIsrnArcislTm o PROJECT DESCRIPTION: Tentative Tract 5147 is a Vesting Tentative Tract Map for a subdivision of an existing 34.53 acre parcel of land into 17 industrial lots intended for the future development of 17 industrial buildings, one lot for open space and drainage purposes, and one lot for drainage basin purposes. Tentative Tract 5147 also provides for the alignment/improvement for "A" Street, the SR 118 arterial bypass, and an undercrossing of the Southern Pacific Rail Road right -of -way. Industrial Planned Development permits will be required to establish the size, design, and use of structures for each of the industrial lots. It is estimated that the 17 buildings will have footprints ranging from 17,424 square feet to 21,257 square feet based upon previously approved projects in Moorpark. Under a separate application, General Plan Amendment and Zone Change have previously been approved for this project location. These applications modified the land use designation from agricultural uses to Limited Industrial uses. The City and the applicant have previously entered into a development agreement, through which the City and the applicant have provided for financing and construction of various improvements and facilities relating to the project area. PROJECT LOCATION: The project is located west of Gabbert Road and north of the Southern Pacific Railroad, with the exception of a proposed collector street to connect the project with Los Angeles Avenue, and abuts the Southern California Edison switch center in the City of Moorpark (Assessor Parcel Number 500 -34 -22 and 23). PROJECT PROPONENT: The project is being proposed by: A -B Properties 4875 Spring Road Moorpark, CA 93021 PURPOSE: The purpose of this Mitigated Negative Declaration (MND) is to focus upon environmental impacts of the project identified by the Initial Study. Some impacts may require special mitigation to ensure that the impacts to the community or the project area are reduced to a level of insignificance. Some impacts when individually considered may not create significant adverse impacts, but when taken cumulatively TENTATIVE TRACT 5147 MITIGATED NEGATIVE DECLARATION JANUARY 10, 2000 Page No. 2 (?►o008*'� may be significant enough to warrant changes in the project design or implementation of mitigation measures to reduce impacts to a level below significant. The City of Moorpark has the principal authority to approve the project as the lead agency preparing and adopting this MND. The information contained in this document is intended to assist decision - makers in reaching conclusions concerning the environmental impacts of this project. ENVIRONMENTAL PROCEDURES: This MND is consistent with the California Environmental Quality Act (CEQA 1970 as amended (Public Resources Code 21000 et. seq.), the State Guidelines for Implementation of CEQA (California Administrative Code 15000 et. seq.), and the City of Moorpark Rules to Implement CEQA (Resolution 92 -872). TECHNICAL STUDIES: The following technical studies were prepared for the project: EIR for Moorpark Land Use and Circulation Element Update and Sphere of Influence Study (1992). 2. Federal Emergency Management Agency, Flood Insurance Rate Map, Community Panel Number 060712 0005 A, September 29, 1986 and revision dated August 24, 1990. 3. General Plan of the City of Moorpark. 4. Institute of Transportation Engineers, Trip Generation, 1987. 5. Moorpark Municipal Code, including Title 17, Zoning. 6. Moorpark Traffic Analysis Model, Model Description and Validation, June 1994. 7. Technical Appendices for the General Plan Noise Element, November 1994. 8. U.S.G.S. Topographic Quadrangle Maps for Moorpark. 9. Ventura County Air Pollution Control District, Guidelines for the Preparation of Air Quality Impact Analyses, 1989. TENATIVE TRACT 5147 MITIGATED NEGATIVE DECLARATION JANUARY 7, 2000 Page No. 3 10. Ventura County Air Pollution Control District, Ventura County Air Quality Management Plan, 1991. 11. Gabbert and Walnut Canyon Flood Control Deficiency Study, November 1997. Project Technical Study References 12. Drainage Concept Report dated July 1, 1998 by SR Consultants 13. Preliminary Geotechnical Investigation and Liquefaction Evaluation dated July 1, 1998 by Gorian Associates, Inc. 14. Moorpark Industrial Park Traffic Impact Study dated June 24, 1998 by Thomas S. Montgomery, P.E. 15. Gabbert Road Industrial Park Traffic Impact Study Revision dated July 21, 1999 by Thomas S. Montgomery, P.E. EFFECTS FOUND NOT TO BE SIGNIFICANT: NO IMPACT Aesthetics: The project site does not involve scenic resources of the community. Cultural Resources: Hazardous Materials Previous investigations and literature reviews in the area show no archeological or cultural resources are likely to exist on the site. No hazardous materials have been identified on site and no hazardous sites are identified as affecting the site. Any potential uses that might involve hazardous materials will be examined during the review of each development permit. Land Use and Planning: The proposal is consistent with the General Plan land use and zoning designations for the site. Any subsequent uses on the project site will be consistent with the requirements of the M -2 zone. Mineral Resources: No SMARA resources have been identified in association with the project site. Impacts to regional resources will not create an impact to the capacity of existing providers. Recreation: An assessment of recreation needs has been conducted as part of the General Plan. This project and future projects TENATIVE TRACT 5147 MITIGATED NEGATIVE DECLARATION JANUARY 7, 2000 0 (1100�i,t Page No. 4 planned for this site have previously been incorporated into the City's Recreation plan. EFFECTS FOUND TO HAVE LESS THAN SIGNIFICANT IMPACT: The following was found to have some impact, but the level of impact is less than significant due to requirements to meet mitigation criteria within an existing ordinance or adopted code. Agricultural Resources: Response to Question c): Agricultural uses, predominantly grazing, have been conducted previously on the site. For a significant period, the site has been fallow and agricultural uses have been discontinued. The site has been identified on the 1996 Ventura County Important Farmland Map as grazing land. The proposal is consistent with the current General Plan land use and zoning designations for the site Air Quality: Response to Questions b) and c): The project will contribute incrementally to the reduction of air quality within the region and the community. Potential impacts resulting from grading and construction activity on the site will be mitigated through standard conditions of approval on the project. Noise: Response to Question d): The operation of heavy equipment during the period of grading and construction may result in an increase in the ambient noise level of the site. Compliance with the Noise Ordinance provides mitigation. Population and Housing: Response to Question a): Infrastructure improvements and potential employment opportunities that may result from this project could lead to an increase in population and housing needs within the City. This project conforms to the General Plan and potential impacts have been considered as part of the Environmental Impact Report for the General Plan Update as part of the City's development scenario. TENATIVE TRACT 5147 MITIGATED NEGATIVE DECLARATION JANUARY 7, 2000 Page No. 5 0 I J Public Services: Response to Question a) The proposed subdivision and any future development on the site will place increased incremental demand upon police and fire services above the level currently required for the site. This increase is within the capability of the servicing agencies. It is anticipated that County Fire resources will be upgraded in the 1999 -2000 budget period to potentially include and new station within the downtown core area and inclusion of appropriate fire apparatus. Impacts on the level of service of public agencies, specifically police and fire services will be mitigated through standard conditions of approval. EFFECTS FOUND TO BE LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATION: The following areas have been found to have impacts upon the project area or community. Responses are provided for each question from the Initial Study form that was identified as having less than significant impacts with or without mitigation. Mitigation measures are provided for those impacts that require mitigation to be brought to a less than significant level. Biological Resources: Previous studies have not indicated that the project site is the location for any sensitive biological resources, habitats, or migratory routes. Response to Question a): Several endangered plant species have been identified within the Moorpark area. Movement of soil and construction activities may impact habitats for these plant species. Mitigation Measures: 1. Prior to recordation of the final map, a biological survey will be completed to determine whether the site is the habitat for any of the endangered plant species with habitats in the Moorpark area. Geology and Soils: Gorian Associates, Inc. conducted a Preliminary Geotechnical Investigation of the site. Several recommendations for grading and stability of the site were included in that TENATIVE TRACT 5147 MITIGATED NEGATIVE DECLARATION JANUARY 7, 2000 Page No. 6 report. The report concluded that the site may be developed as proposed if these recommendations are incorporated into the project design. Response to Question a) i -iv: The project site lies within the seismically active Transverse Ranges and can be expected to experience strong ground shaking from earthquakes generated on active regional and local faults, including the West Simi Valley Alquist Priolo Fault Zone. It is likely that other significant earthquakes will occur in this area and that the site will experience strong ground shaking. The secondary effects of strong ground motion (tsunami, seiche, liquefaction, and landslides) are not expected to impact the project location. These impacts can be mitigated through conformance with the Uniform Building Code and standard project conditions. Response to Question b): Grading activities and modification of existing drainage on the project site could lead to soil erosion or the loss of topsoil. Mitigation Measures: 1. Concurrent with submittal of the rough grading plan an Erosion Control Plan shall be submitted to the City for review and approval by the City Engineer. The design shall include measures for hydroseeding on all graded areas within 30 days of completion of grading unless otherwise approved by the City Engineer. Reclaimed water shall be used for dust control during grading, if available from Waterworks District No. 1 at the time of grading permit approval. Response to Question c): The top two (2) feet of topsoil will not, under present condition, provide adequate support for structures, slabs -on- grade, etc., due to prior agricultural uses at the site. Ground shaking may cause settlement of partially saturated sandy soils. Mitigation Measures: 2. The recommendations contained within the geotechnical study shall apply to all development upon the parcels or lots created by Tract 5147. 3. Prior to issuance of a grading permit, a geotechnical soils engineer shall determine the extent and depth of soil removal and re- compaction that is necessary to be shown upon the grading plan. The grading plan shall reflect the areas of questionable stability and provide physical correction consistent with the TENATIVE TRACT 5147 MITIGATED NEGATIVE DECLARATION JANUARY 7, 2000 Page No. 7 oul- ob geotechnical finding on file with the City of Moorpark Community Development Department. 4. All water wells, cisterns or cesspools encountered during the grading operations shall be terminated, capped, and or abandoned consistent with the best management practices for these uses. The applicant's soil engineer shall be responsible to ensure that the appropriate actions subject to direction of the local agency having jurisdiction over such use is completed and documentation provided to the Community Development Department. Response to Question d): The site currently has low expansion potential. However, some of the existing soils within cut areas may contain potentially expansive clayey soils. The exposure of these soils through cut and fill activities may lead to impacts. Mitigation Measures: 5. See Mitigation Measure 2 above. Hydrology and Water Quality: The project location is part of the Gabbert Canyon Channel flood control system. Gabbert Channel runs through the western portion of the project site. A portion of the site is within the 100 -year flood hazard are. However, no housing or other structures are planned to be located within this zone. The potential for seiche, tsunami, or mudflow on the project site is negligible. A Drainage Concept Report has been prepared for the site by SR Consultants. The report outlines the drainage concept and provides recommendations for to mitigate any potential impacts. Response to Questions a) and f): During and after construction, significant increase in pollution discharge is expected. Best management practices will be needed to ensure that the level of pollutant discharge is within the acceptable limits under the regional water quality control plan. Mitigation: 1. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Stormwater Quality Management Program, NPDES Permit No. CAS063339. TENATIVE TRACT 5147 MITIGATED NEGATIVE DECLARATION JANUARY 7, 2000 Page No. 8 0i0100S6 2. Prior to the issuance of any (construction /grading permit) and/or the commencement of any clearing, grading or excavation, the applicant/owner shall submit a Stormwater Pollution Control Plan (SWPCP), on the form provided by the City for the review and approval of the City Engineer. 3. The project construction plans shall incorporate Best Management Practices (BMPs) applicable to the development for the review and approval of the City Engineer. 4. The recommendations contained within the drainage concept report shall apply to all development upon the parcels or lots created by Tract 5147. Response to Question c) through e) The project will create areas of impervious materials and will require re- routing of on- site water to approved drainage facilities. The Gabbert Canyon Channel flood control system lies on the western portion of the site. The Gabbert and Walnut Canyon Flood Control Deficiency Study has identified deficiencies in the drainage system for this area that should be rectified in order for development to occur in the area. Mitigation: 5. A hydraulic /hydrology study shall be prepared which analyzes the hydraulic capacity of the drainage system, with and without the storm drain system for the proposed development. The Developer shall make any downstream improvements, required by Ventura County Flood Control and the City of Moorpark, to support the proposed development. 6. The applicant 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 shown on existing drainage 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 (if applicable) must also be acceptable to the Ventura County Flood Control District. 7. See Mitigation Measure 4 above. 8. The recommendations contained within the Gabbert- Walnut Canyon Flood Control Deficiency Study shall apply to all development upon the parcels or lots created by Tract 5147 Transportation and Traffic: The project is planned to be served by a North -South collector connecting the proposed SR 118 arterial bypass and Los Angeles Ave. This collector will necessitate the TENATIVE TRACT 5147 MITIGATED NEGATIVE DECLARATION JANUARY 7, 2000 Page No. 9 0000199 construction of a railroad underpass. Previous studies have not indicated that the proposal will have any impact on air traffic patterns in the area. Response to Questions a) and b): A Traffic Analysis was prepared by Thomas S. Montgomery, P.E. dated June 24, 1998 and revised on July 21, 1999. The study found that the current level of service in the area was good (Level C or better). The study concluded that based upon the traffic projected for the 17 industrial lots would lead to an increase in traffic levels in the vicinity of the project. Mitigation: 1. The developer shall perform all street and circulation improvements identified within the Traffic Analysis, Development Agreement between the applicant and the City of Moorpark, and conditions of approval for this project. 2. The developer shall make a special contribution to the City representing the developer's pro -rata share of the cost of improvements at the following intersections: New Los Angeles Avenue/Tierra Rejada Road ($100,000) New Los Angeles Avenue/Moorpark Avenue ($165,000) New Los Angeles Avenue /Spring Road ($150,000) Poindexter Avenue/Moorpark Avenue ($120,000) The actual contribution (pro -rata share) shall be based upon the additional traffic added to the intersection. The developer's traffic engineer shall provide the City Engineer an estimate of the projected numbers for calculation of the pro -rata share. Response to Question e): Construction activities and proposed development on the project site may impact the ability of emergency service providers to gain access to the property or particular lots. Mitigation: 3. See Mitigation Measure 1 above. Utilities and Service Systems: Currently, the project site is vacant land. In order to develop project site, utility infrastructure will need to be provided. Service providers can meet the utility requirements of the project. TENATIVE TRACT 5147 MITIGATED NEGATIVE DECLARATION JANUARY 7, 2000 Page No. 10 oc()O IJ Response to Question c): The grading and future construction for the project site will modify drainage patterns and an increase runoff in the area. The Gabbert Canyon Channel lies within the project area and has been identified as being deficient in the Gabbert- Walnut Canyon Flood Control Deficiency study. Mitigation: 1. The developer shall be responsible for the construction of all on -site and off -site improvements necessary to provide utility services to the site consistent with the rules and regulations of the servicing utility and subject to any required encroachment permits. Improvements shall include but not be limited to, water and sewer, natural gas, telephone, television cable, and electrical. MITIGATION MONITORING PROGRAM FOR TENTATIVE TRACT MAP NO. 5147: Biological Mitigation • Prior to recordation of the final map, the applicant shall submit to the City of Moorpark a biological survey to provide information on the presence of endangered species on the site and, if necessary, recommended mitigation. Monitoring: The Director of Community Development will assure that a biological survey is completed and that all recommendations in the report are adhered to prior to recordation of the final map. Geologic Mitigation • Concurrent with submittal of the rough grading plan an Erosion Control Plan shall be submitted to the City for review and approval by the City Engineer. The design shall include measures for hydroseeding on all graded areas within 30 days of completion of grading unless otherwise approved by the City Engineer. Reclaimed water shall be used for dust control during grading, if available from Waterworks District No. 1 at the time of grading permit approval. • The recommendations contained within the geotechnical study shall apply to ail development upon the parcels or lots created by Tract 5147. TENATIVE TRACT 5147 MITIGATED NEGATIVE DECLARATION JANUARY 7, 2000 Page No. 11 Prior to issuance of a grading permit, the extent and depth of soil removal shown upon the grading plan. The questionable stability and provide geotechnical finding on file with the Department. a geotechnical soils engineer shall determine and re- compaction that is necessary to be grading plan shall reflect the areas of physical correction consistent with the City of Moorpark Community Development All water wells, cisterns or cesspools encountered during the grading operations shall be terminated, capped, and or abandoned consistent with the best management practices for these uses. The applicant's soil engineer shall be responsible to ensure that the appropriate actions subject to direction of the local agency having jurisdiction over such use is completed and documentation provided to the Community Development Department. Monitoring: The City Engineer will assure that the recommendations in the reports are adhered to prior to the issuance of a grading permit. Hydrology and Water Quality Mitigation • Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Stormwater Quality Management Program, NPDES Permit No. CAS063339. • Prior to the issuance of any [construction /grading permit) and /or the commencement of any clearing, grading or excavation, the applicant/owner shall submit a Stormwater Pollution Control Plan (SWPCP), on the form provided by the City for the review and approval of the City Engineer. • The project construction plans shall incorporate Best Management Practices (BMPs) applicable to the development for the review and approval of the City Engineer. • The recommendations contained within the drainage concept report shall apply to all development upon the parcels or lots created by Tract 5147. • A hydraulic /hydrology study shall be prepared which analyzes the hydraulic capacity of the drainage system, with and without the storm drain system for the proposed development. The Developer shall make any downstream improvements, required by Ventura County Flood Control and the City of Moorpark, to support the proposed development. TENATIVE TRACT 5147 MITIGATED NEGATIVE DECLARATION JANUARY 7, 2000 Page No. 12 ()00 0 921 • The applicant 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 shown on existing drainage 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 (if applicable) must also be acceptable to the Ventura County Flood Control District. • The recommendations contained within the Gabbert - Walnut Canyon Flood Control Deficiency Study shall apply to all development upon the parcels or lots created by Tract 5147 Monitoring: The City Engineer will assure that all required mitigation measures have been addressed prior to approval of drainage plans. Transportation Mitigation The developer shall perform all street and circulation improvements identified within the Traffic Analysis, Development Agreement between the applicant and the City of Moorpark, and conditions of approval for this project. The developer shall make a special contribution to the City representing the developer's pro -rata share of the cost of improvements at the following intersections: New Los Angeles Avenue/Tierra Rejada Road ($100,000) New Los Angeles Avenue /Moorpark Avenue ($165,000) New Los Angeles Avenue /Spring Road ($150,000) Poindexter Avenue /Moorpark Avenue ($120,000) The actual contribution (pro -rata share) shall be based upon the additional traffic added to the intersection. The developer's traffic engineer shall provide the City Engineer an estimate of the projected numbers for calculation of the pro -rata share. Monitoring Prior to recordation of the Final Map, the Director of Community Development and the City Engineer will ensure that the conditions have been satisfied. TENATIVE TRACT 5147 MITIGATED NEGATIVE DECLARATION JANUARY 7, 2000 Page No. 13 0 61 0 0 93', Utilities and Service Systems Mitigation • The developer shall be responsible for the construction of all on -site and off -site improvements necessary to provide utility services to the site consistent with the rules and regulations of the servicing utility and subject to any required encroachment permits. Improvements shall include but not be limited to, water and sewer, natural gas, telephone, television cable, and electrical. Monitoring The Director of Community Development and City Engineer are responsible for assuring that all of the requirements are met prior to recordation of the final map. CONCLUSIONS: Development of the 17 industrial lots to be created by Tentative Tract 5147 as proposed by A -B Properties can be accommodated. Expected impacts can be reduced to a level less than significant subject to the mitigation measures cited by this document. In addition to the specific mitigation measures referenced, the City development review process evaluates physical and aesthetic qualities of proposed developments. Conditions of approval for the project will insure compatibility of the proposed development with other expected and existing developments and the City development guidelines. TENATIVE TRACT 5147 MITIGATED NEGATIVE DECLARATION JANUARY 7, 2000 Page No. 14 000094 INITIAL STUDY CHECK LIST ENVIRONMENTAL FACTOR Sgrirr,�'� Impact AESTHETICS a) Have a substantial adverse effect on a scenic vista? ❑ b) Substantially damage scenic resources, including, ❑ but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or E] quality of the site and its surroundings? d) Create a new source of substantial light or glare ❑ which would adversely affect day or nighttime views in the area? AGRICULTURAL RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or F1 Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non - agricultural use? b) Conflict with existing zoning for agricultural use, or 11 a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use? AIR QUALITY - Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. LEI Lessthan Less than No Impact S gn,flcant Significant wan N Wt$on Incorporation MEN ❑ ❑ ❑ ❑ X X X X ❑ ❑ X ❑ X ❑ Would the project? a) Conflict with or obstruct implementation of the 1:1 applicable air quality plan? b) Violate any air quality standard or contribute ❑ substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase ❑ of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant 1:1 concentrations? e) Create objectionable odors affecting a substantial number of people? BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and wildlife Service? X :01 ❑ ❑ X ❑ X ❑ X ❑ ❑ X ❑ ❑ X X b) Have a substantial adverse effect on any riparian ❑ 1:1 E] X habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally El ❑ El X protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, Vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any ❑ 1:1 El `J X native migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? 0 09U, e) Conflict with any local policies or ordinances E] \, X protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat ❑ ❑ F] Conservation Plan, Natural Community Conservation X Plan, or other approved local, regional, or state habitat conservation plan? CULTURAL RESOURCES --Would the project: a) Cause a substantial adverse change in the 1:1 \, X significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the ❑ F-1 ❑ \� significance of an archaeological resource pursuant X to §15064.5? c) Directly or indirectly destroy a unique E] 1:1 v X paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those El El El X interred outside of formal cemeteries? GEOLOGY AND SOILS -Would the project:: a) Expose people or structures to potential ❑ ❑ ❑ X substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated 11 v X El the most recent Aiquist -Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ❑ ❑ v ❑ iii) Seismic-'related ground failure, including El El ❑ v liquefaction? J� OU+! a09 i iv) Landslides? ❑ ❑ F-1 ` ' b) Result in substantial soil erosion or the loss of topsoil? ❑ \, X ❑ ❑ c) Be located on a geologic unit or soil that is ❑ \/ X El F1 or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table v E] 18 -1 -B of the Uniform Building Code (1994), creating J� substantial risks to life or property? e) Have soils incapable of adequately supporting the ❑ ❑ ❑ use of septic tanks or alternative waste water X disposal systems where sewers are not available for the disposal of waste water? HAZARDS AND HAZARDOUS MATERIALS -- Would the project: a) Create a significant hazard to the public or the ❑ ❑ environment through the routine transport, use, or J� disposal of hazardous materials? b) Create a significant hazard to the public or the 1:1 ❑ \, X environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or ❑ acutely hazardous materials, substances, or waste X within one - quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of ❑ hazardous materials sites compiled pursuant to ❑ M Government Code Section 65962.5 and, as a result, Would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, F1 El El X within two miles of a public airport or public use oe(1 9 3 airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, ❑ El \, X would the project result in a safety hazard for people resic:ng or working in the project area? g) Impair implementation of or physically interfere ❑ ❑ \, X with an adopted emergency response plan or evacuation plan? h) Expose people or structures to a significant risk of ❑ ❑ Q \, loss, injury or death involving wildland fires, including J� where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? HYDROLOGY AND WATER QUALITY Would the project: a) Violate any water quality standards or waste 1:1 11 El discharge requirements? b) Substantially deplete groundwater supplies or ❑ 1:1 El v X interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table levels (e.g. the production rate of preexisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the 1:1 v X 1:1 El or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? d) Substantially alter the existing drainage pattern of the ❑ v El El or area, including through the alteration of the J� course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? e) Create or contribute runoff water which would F-1 v X El 1:1 the capacity of existing or planned storm drainage systems or provide substantial additional sources of polluted runoff? 00009:j f) Otherwise substantially degrade water quality? g) Place housing within a 100 -year flood hazard area as mapped on a Federal Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? i) Inundation by seiche, tsunami, or mudflow? j) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? LAND USE AND PLANNING Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any Habitat Conservation Plan [HCPJ or Natural Community Conservation Plan [NCCP]? MINERAL RESOURCES — Would the project: ❑ ❑ ❑ x ❑ ❑ ❑ X ❑ ❑ ❑ X ❑ ❑ ❑ x ❑ ❑ ❑ X ❑ ❑ ❑ X ❑ ❑ ❑ X ❑ ❑ ❑ X ❑ ❑ ❑ X a) Result in the loss of availability of a known mineral 1:1 El El v X resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally- 1:1 El El v X important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? NOISE -- Would the project result in: (A.110100 a) Exposure of persons to or generation of noise El F1 El \, X levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive ❑ ❑ r-1 \, Xgroundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise ❑ levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ❑ ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use ❑ plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, ❑ would the project expose people residing or working in the project area to excessive noise levels? POPULATION AND HOUSING -- Would the project: ❑ ❑ ❑ X Fol W FE X X ❑ X a) Induce substantial population growth in an area, ❑ ❑ \, ❑ either directly (for example, by proposing new homes X and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, 1:1 E] 1:1 X necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, ❑ 1:1 ❑ X necessitating the construction of replacement housing elsewhere? PUBLIC SERVICES a) Would the project result in substantial adverse ❑ El El impacts associated with the provision of X 0601()) L new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? RECREATION - ❑ ❑ ❑ x ❑ ❑ ❑ x ❑ ❑ ❑ x ❑ ❑ ❑ x ❑ ❑ ❑ x a) Would the project increase the use of existing El ❑ neighborhood and regional parks or other X recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational 1:1 E] X facilities which might have an adverse physical effect on the environment? TRANSPORTATIONITRAFFIC -- Would the project: a) Cause an increase in traffic which is substantial in F] v ❑ relation to the existing traffic load and capacity of the J� street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of ❑ v ❑ ❑ service standard established by the county congestion J� management agency for designated roads or highways? 001010 c) Result in a change in air traffic patterns, including F] ❑ ❑ \, either an increase in traffic levels or a change in n location that results in substantial safety risks? d) Substantially increase hazards due to a design ❑ ❑ " feature (e.g., sharp curves or dangerous J� intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in adequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? UTILITIES AND SERVICE SYSTEMS Would the project: ❑ x ❑ ❑ ❑ ❑ ❑ x ❑ ❑ ❑ x a) Exceed wastewater treatment requirements of the F1 F] v X applicable Regional Water Quality Control Board? b) Require or result in the construction of new water F1 El v X or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm E] v X 11 water drainage facilities or expansion of existing El facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve a ❑ the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater ❑ ❑ v X treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted ❑ a ❑ v capacity to accommodate the project's solid waste X disposal needs? MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? Potenwity Less than Significant Sgnrficant Impact With Mitigation Incorporation ❑ ❑ 0 c) Does the project have environmental effects which ❑ will cause substantial adverse effects on human beings, either directly or indirectly? W Less than No Yrpact Slgrvhcant ❑ X ❑ X ❑ x 00010,_1 DEC -03 -1999 15:21 WALTER W. HOPFMAN OATHER C. VANCI' (1923-19791 WILLIAM E. WORTHINCTQN R ICHARO S. HAMBLETON, JR. J. ALAN VOORHEES DOMINICK J. McCORMICK KEVIN P. MCAT£E. MAI HOFFMAN, VANU AND WORTHINOTON AGRIGULTURAt. ^NO GGMMCRC-AL P�+O c'CRT� MANAQ ENCNT 1000 SOUT. SCAWARO AVr;NVC VENTURA, CALIFORNIA 93001.3798 John W. Newton John W. Newton & Associates 165 High Street, Suite-103 Moorpark, CA 93021 December 3, 1999 Re: A -B Properties and flitch Ranch Consent for Offsite Grading and Intent to Grant Easement for Access Dear Mr. Newton- 605 642 1220 P.01i01 FILE COPY TELEPHONE ARCA CODE 80(5 642 -OZII 4195 -70;1 TELECOPIER: (605) 642 -1230 1N RColt RCPeR 1p: RECEIVED OFD' it q 11099 I am the authorized representative and agent for the Hitch Ranch property owners of record. The owners have given me Power of Attorney to act on their behalf concerning all matters pertaining to the property. The purpose of this letter is to confirm that I intend to grant an easement for access in favor of A -B Properties extending westerly from Gabbert Road along the north side of the VCFCD channel to the southeast corner of the A -B property. Further, I hereby authorize A -B Properties to do offsite slope grading along the west property line of the Hitch Ranch as shown on the Revised Conceptual Grading Plan for Revised Tentative Tract No. 5147 dated May 24, 1999. This permission is contingent upon A -B Properties and Hitch Ranch entering into an agreement to indemnify all parties and to specifically define the scope of work to be done. We are pleased to know the A -B Properties project is getting closer to final approval. Please contact me if I can be of further assistance. Sincerely. HITCH RANCH Richard S. Hambleton, Jr. Owners' Representative RSI-I:th CC: Dennis Hardgrave - via fax Paul Burns - via fax ATTACHMENT 9 00010i TOTAL. P.01 r Recording Requested By And When Recorded Return to: CITY CLERK •'CITY OF MOORPARK ,S9 Moorpark Avenue :foorpark, California 93021 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code § 6103 DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MOORPARK AND A -B PROPERTIES THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO THE REQUIREMENTS OF GOVERNMENT CODE §65868.5 Citymgr \A -8 Properties Agreement 11194.7 ATTACHMENT 10 00010 DEVELOPMENT AGREEb= This Development Agreement ( "the Agreement ") is made and entered into this 16+h day of IDecem6eY , 199, by and between the CITY OF MOORPARK, a municipal corporation, (referred to hereinafter as "City ") and A -B Properties a California General Partnership (referred to hereinafter as "Developer ") . City and Developer are referred to hereinafter individually as "Party" and collectively as "Parties." In consideration of the mutual covenants and agreement's contained in this Agreement, City and Developer agree as follows: 1. Recitals. This Agreement' is made with respect to the following facts and for the following purposes, each of which is acknowledged as true and correct by the Parties: 1.1. Pursuant to Government Code section 65864 et seq. and Moorpark Municipal Code chapter 15.40, City is authorized to enter into a binding contractual agreement with any person having a legal or equitable interest in real property within the City for the development of such property in order to establish certainty in the development process. 1.2. [INTENTIONALLY LEFT BLANK] 1.3. Developer is owner in fee simple of certain real property in the City of Moorpark, as more specifically described by the legal description set forth in Exhibit A, which exhibit is attached hereto and incorporated herein by this reference (the "Property ") . 1.4. City has approved, or is in the process of approving, General Plan Amendment No. 97 -2( "GP ")and Zone Change No. 97 -6 ("ZC"), (The GP and ZC, are collectively referred to as the "Project Approvals 1.5. By this Agreement, City desires to obtain the binding agreement of Developer to develop the Property in accordance with the Project Approvals and this Agreement. In consideration thereof, City agrees to limit the future exercise of certain of its governmental and proprietary powers to the extent specified in this Agreement. 1.6. By this Agreement, Developer desires to obtain the binding agreement of City to permit the development of the Property in accordance with the Project Approvals and this Agreement. In consideration thereof, Developer agrees to waive its rights to legally challenge the limitations and exactions imposed upon A -9 PROPERTIES ACREEP{ENC 11798.7 -2- the development of the Property pursuant to the Project Approvals, this Agreement and any Subsequent Approvals (as defined in Section 5.3 of this Agreement) and to provide the public benefits and improvements specified in this Agreement. 1.7. City and Developer acknowledge and agree that the: consideration that is to be exchanged pursuant to this Agreement is fair, just and reasonable and that this Agreement is consistent with the General Plan of City as amended by General Plan Amendment No.97 -6. 1.8. On November 9, 1998, the Planning Commission of City commenced a duly noticed public hearing on this Agreement and at the conclusion of the hearing recommended approval of the Agreement. 1.9. On November 18, 1998, the City Council of City ('City Council ") commenced a duly noticed public hearing on this Agreement which was continued to December 2, 1998, and at the conclusion of the hearing approved the Agreement by Ordinance No. 250 ( "the Enabling Ordinance "). 2. Property Subject To This Agreement. All of the Property shall be subject to this Agreement. The Property may be referred to hereinafter as "the site" or "the Project area ". 3. Binding Effect. The burdens of this Agreement are binding upon, and the benefits of the Agreement inure to, each Party and each successive successor in interest thereto and constitute covenants that run with the Property. Whenever the terms "City" and "Developer" are used herein, such terms shall include every successive successor in interest thereto, except that the term "Developer" shall not include the purchaser or transferee of any lot within the Project area that has been fully developed in accordance with the Project Approvals and this Agreement. 3.1. Constructive Notice and Acceptance. Every person who acquires any right, title or interest in or to any portion of the Property in which the Developer has a legal interest is, and shall be, conclusively deemed to have consented and agreed to be bound by this Agreement, whether or not any reference to the Agreement is contained in the instrument by which such person acquired such right, title or interest. 3.2. Release Upon Transfer. Upon the sale or transfer of the Developer's interest in any portion of the Property, that Developer shall be released from its obligations with respect to the portion so sold or R -a nOCERi1ES AGAEENENT 11199.7 - - 0001 ii transferred subsequent to the effective date of the sale or transfer, provided that the Developer (i) was not in breach of this Agreement at the time of the sale or transfer and (ii) prior to the sale or transfer, delivers to City a written assumption agreement, duly executed by the purchaser or transferee and notarized by a notary public, whereby the purchaser or transferee= expressly assumes the obligations of Developer under this Agreement with respect to the sold or transferred portion of the Property. Failure to provide a written assumption agreement hereunder shall not negate, modify or otherwise affect the liability of the purchaser or transferee pursuant, to this Agreement. Nothing contained herein shall be deemed to grant to City discretion to approve or deny any such sale or transfer, except as otherwise expressly provided in this Agreement. 4. Development of the Property. The following provisions shall govern the subdivision, development and use of the Property. 4.1. Permitted Uses. The permitted and conditionally permitted uses of the Property shall be limited to those that are allowed by this Agreement. 4.2. Building Standards. All construction on the Property shall adhere to the Uniform Building Code, including the Fire Resistive Design Manual, the National Electrical Code, the Uniform Plumbing Code, the Uniform Mechanical Code, the Uniform Housing Code, the Uniform Code for the Abatement of Dangerous Buildings, the Uniform Code for Building Conservation and the Uniform Administrative Code in effect at the time the plan check or permit is approved and to any federal or state building requirements that are then in effect (collectively "the Building Codes "). 5. Vesting of Development Rights. 5.1. Timing of Development. In Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), the California Supreme Court held that the failure of the parties therein to provide for the timing or rate of development resulted in a later- adopted initiative restricting the rate of development to prevail against the parties' agreement. City and Developer intend to avoid the result in Pardee by acknowledging and providing that Developer shall have the right, without obligation, to develop the Property in such order and at such rate and times as Developer deems appropriate within the exercise of its subjective business judgment, except as provided for in this Agreement. A -■ PROPERTIES AGREEMMIT 11314.7 -4- 06,010 ") In furtherance of the Parties' intent, as set forth in this section, no future amendment of any existing City ordinance or resolution, or future adoption of any ordinance, resolution or other action, that purports to limit the rate or timing of development over time or alter the sequencing of development phases, whether - adopted or imposed by the City Council or through the initiative or referendum process, shall apply to the Property. In particular, but without limiting any of the foregoing, no numerical restriction shall be placed on the number of building units that can be built each year within the Project Area. However, nothing in this section shall be construed to limit City's right to insure that Developer timely provides all infrastructure required by the Project Approvals, Subsequent Approvals and this Agreement. 5.2. Amendment of Project Approvals. No amendment of any of the Project Approvals, whether adopted or approved by the City Council or through the initiative or referendum process, shall apply to any portion of the Property, unless the Developer has agreed in writing to the amendment. 5.3. Issuance of Subsequent Approvals. Applications for land use approvals, entitlements and permits, including without limitation subdivision maps (e.g. tentative, vesting tentative, parcel, vesting parcel, and final maps), subdivision improvement agreements and other agreements relating to the Project, lot line adjustments, preliminary and final planned development permits, use permits, design review approvals (e.g. site plans, architectural plans and landscaping plans), encroachment permits, and sewer and water connections that are necessary to or desirable for the development of the Project (collectively "the Subsequent Approvals "; individually "a Subsequent Approval ") shall be consistent with the Project Approvals and this Agreement. For purposes of this Agreement, Subsequent Approvals do not include building permits. Subsequent Approvals shall be governed by the Project Approvals and by the applicable provisions of the Moorpark General Plan, the Moorpark Municipal Code and other City ordinances, resolutions, rules, regulations, policies, standards and requirements as most recently adopted or approved by the City Council or through the initiative or referendum process and in effect at the time that the application for the Subsequent Approval is deemed complete by City in City's sole A•8 PROPERTIES ACREEME" 11398.7 -5- o o l Y-o r discretion (collectively "City Laws ,,), except City Laws that: (a) change any permitted or conditional permitted uses of the Property from what is allowed by the Project Approvals or this Agreement; (b) limit or control the rate, timing, phasing or sequencing of the approval, development or construction Of all or any part of the Project in any manner, provided that all infrastructure required to serve the portion of the Property covered by the Subsequent Approval is in place or is scheduled to be in place prior to completion of* construction; (c) are not uniformly applied on a City -wide basis to all substantially similar types of development projects or to all properties with similar land use designations; or (d) control commercial rents. 5.4. Term of Subsequent Approvals. The term of any tentative map for the Property, or any portion thereof, shall expire eight (8)years after its approval or conditional approval or upon the expiration or earlier termination of this Agreement, whichever occurs first, notwithstanding the fact that the final map may be filed in phases. Each Developer hereby waives any right that it may have under the Subdivision Map Act, Government Code section 66410 et seq., or any successor thereto, to apply for an extension of the time at which the tentative map expires pursuant to this subsection. No portion of the Property for which a final map or parcel map has been recorded shall be reverted to acreage at the initiative of City during the term of this Agreement. :.•R PROPERTIES ACREEmEHT 11198.7 The term of any Subsequent Approval, except a tentative map, shall be one year; provided that the term may be extended by the decision maker for two (2) additional one (1) year periods upon application of the Developer holding the Subsequent Approval filed with Cityrs Department of Community Development prior to the expiration of that Approval. Each such Subsequent Approval shall be deemed inaugurated, and no extension shall be necessary, if a building permit was issued and the foundation received final inspection by City1s Building Inspector prior to the expiration of that Approval. 06,01 Al It is understood by City and Developer that certain Subsequent Approvals may not remain valid for the term of this Agreement. Accordingly, throughout the term of this Agreement, the Developer shall have the right, at its election, to apply for a new permit to replace a permit that has expired or is about to expire. 5.5. Modification Of Approvals. Throughout the term of this Agreement, the Developer shall have the right, at its election and without risk to any right that is vested in it pursuant to this section, to apply to City for minor modifications to Project Approvals and Subsequent Approvals. The approval or conditional approval of any such minor modification shall not require an amendment to this Agreement, provided that, in addition to any other findings that may be required in order to approve or conditionally approve the modification, a finding is made that the modification is consistent with this Agreement. 5.6. Issuance of Building Permits. No building permit, final inspection or certificate of occupancy will be unreasonably withheld from the Developer if all infrastructure required to serve the portion of the Property covered by the building permit is in place or is scheduled to be in place prior to completion of construction and all of the other relevant provisions of the Project Approvals, Subsequent Approvals and this Agreement have been satisfied. In no event shall building permits be allocated on any annual numerical basis or on any arbitrary allocation basis. 5.7. Moratorium on Development. Nothing in this Agreement shall prevent City, whether by the City Council or through the initiative or referendum process, from adopting or imposing a moratorium on the processing and issuance of Subsequent Approvals and building permits and on the finalizing of building permits by means of a final inspection or certificate of occupancy, provided that the moratorium is adopted or imposed (i) on a City -wide basis to all substantially similar types of development projects and properties with similar land use designations and (ii) as a result of a utility shortage or a reasonably foreseeable utility shortage, including without limitation a shortage of water, sewer treatment capacity, electricity or natural gas. 6. Developer Agreements. 6.1. The Developer shall comply with (i) this Agreement, (ii) the Project Approvals, and (iii) all Subsequent A -8 PROPERTIES AGREENEI:T 11396.7 -7- Approvals for which it was the applicant or a successor in interest to the applicant. 6.2. All lands and interests in land dedicated to City shall be free and clear of liens and encumbrances other than easements or restrictions that do not preclude or interfere with use of the land or interest for its= intended purpose, as reasonably determined by City. 6.3. As a condition of the issuance of each building permit, Developer shall pay City a fee to be used for park improvements within the City of Moorpark. The amount of the fee shall be twenty -five cents ($.25) per square foot of gross floor area. The fee shall be adjusted annually (commencing one (1) year after the first building permit is issued within the Project Area by any increase in the Consumer Price Index (CPI) until all fees have been paid. The CPI increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles /Anaheim /Riverside metropolitan area during the prior year. The calculation shall be made using the month which is four (4) months prior to the month in which the Development Agreement is approved by the City Council (e.g., if approval occurs in June, then the month of February is used to calculate the increase). This fee may be expended by City in its sole and unfettered discretion. 6.4. As a condition of the issuance of each building permit for any use within the boundaries of the Project Area, Developer shall pay City a development fee as described herein (the "Development Fee "). The Development Fee may be expended by City in its sole and unfettered discretion. On the effective date of this Agreement, the amount of the Development Fee shall be Twenty One Thousand Dollars ($21,000.00) per acre of each lot on which the building is located. The fee shall be adjusted annually (commencing one (1) year after the first building permit is issued within the Project Area by any increase in the Consumer Price Index (CPI) until all fees have been paid. The CPI increase shall be determined by using the information provided by the U.S. Department of labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles /Anaheim /Riverside metropolitan area during the prior year. The calculation shall be made using the month which is four (4) months prior to the month in which the Development Agreement is approved by the City Council (e.g., if approval occurs in June, then the month of February is used to calculate the increase). A-3 7i0?i.ATtES AGREEMENT 11391.7 6.S. As a condition of the issuance of each building permit for any use within the boundaries of the Project Area, Developer shall pay City a traffic mitigation fee as described herein ( "Citywide Traffic Fee "). The Citywide Traffic Fee may be expended by City in its sole and unfettered discretion. On the effective date of this Agreement, the amount of the Citywide Traffic Fee shall be Eighteen Thousand Dollars ($18,000.00) per acre of each lot on which the use is located. Commencing on January 1, 2001, and annually thereafter, the Citywide Traffic Fee shall be increased to reflect the change in the State Highway Bid Price Index for the twelve (12) month period that is reported in the latest issue of the Engineering News Record that is available on December 31 of the preceding year ( "annual indexing "). In the event there is a decrease in the referenced Index for any annual indexing, the Citywide Traffic Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. 6.6. On the operative date of this Agreement, Developer shall pay all outstanding City processing and environmental processing costs related to the project and preparation of this Agreement 6.7. Developer agrees to pay Air Quality Fees, that are to be calculated by City at its sole and unfettered discretion consistent with similar projects in the City as a condition on each Subsequent Approval within the boundaries of the Project Area. The Air Quality Fees may be expended by City in its sole discretion for reduction of regional air pollution emissions and to mitigate residual Project air quality impacts. 6.8. Developer agrees to cast affirmative ballots for the formation of an assessment district and levying of assessments, for the maintenance of parkway and median landscaping, street lighting and if requested by the City Council, parks for the provision of special benefits conferred by same upon properties within the Project. Developer further agrees to form one or more property owner associations and to obligate said associations to provide for maintenance of parkway and median landscaping, street lighting, and if requested by the City Council, parks in the event the aforementioned assessment district is. dissolved or altered in any way or assessments are reduced or limited in any way by a ballot election of property owners, or if the assessment district is invalidated by court action. A -! PROPERTIES AOAEEMEN! 11399.7 6.9. In addition to fees specifically mentioned in this Agreement, Developer agrees to pay all City capital improvement, development, and processing fees at the rate and amount in effect at the time the fee is required to be paid. Said fees include but are not limited to Police Facilities Fees, Fire Facilities Fees, Library Facilities Fees, entitlement processing fees, and plan check and permit fees for buildings, and public improvements. Developer further agrees that unless specifically exempted by this Agreement, it is subject to all fees imposed by City at the operative date of this Agreement and such future fees imposed as determined by City in its sole and unfettered discretion so long as said fee is imposed on similarly situated properties. 6.10. Prior to City Council action on any Subsequent Approval, or grading of the Property, whichever occurs first, Developer agrees to provide City an irrevocable offer of dedication to dedicate right -of -way at no cost to City for the future 118 bypass along the entire length of the north side of the property, along the east side of the Gabbert Channel, and a connector with a radius as determined by the City at its sole and unfettered discretion. The right -of -way shall be one hundred and twenty feet (1201) wide along the north side of the property (east -west section) and one hundred feet (1001) along the east side of the channel (north -south section) plus any necessary slope easements to accommodate a level right -of -way of the required width and slope easements to accommodate a grade separation crossing of the railroad tracks along the southern boundary. Developer further agrees to dedicate access rights from the property to the City for the 118 bypass except for no more then one (1) approved intersection with public streets. City shall have final approval of the location, legal description and use of the property offered for dedication. City may transfer its interest in the property after acceptance of its dedication to any other public entity. 6.11. Developer agrees that as part of any grading of the property the right -of -way for the future 118 bypass shall be graded per City direction. 6.12. Developer agrees to comply with all the provisions of the Hillside Management Ordinance (Chapter 17.38 of the Municipal Code) of the City. A -9 PROPERTIES AGREEMEWr 11194.7 -10- 00 0 11 6.13. Developer agrees to pay a pro -rata share, as determined by the City at its sole and unfettered discretion, for the funding and construction of the improvements identified in the Gabbert and Walnut Canyon Channels Deficiency Study. Developer also acknowledges that interim improvements may also be necessary to facilitate any new use or development of the property and Developer agrees that they shall be responsible for any such interim improvements as their sole responsibility, without credit of these costs, except as may be provided in the implementation plan for the Gabbert and Walnut Canyon Channels Deficiency Study. 6.14. Prior to any subdivision or new use of the property, Developer agrees to acquire and construct, at their sole cost, dedicated public access to the properties, as approved by the City Council. Secondary access to comply with City and public safety requirements shall also be provided at their sole cost. 6.15. Developer agrees to not oppose creation of a redevelopment Project Area (as defined by applicable State law) encompassing any part of the Property provided that the Project Area is consistent with the rights of Developer under this Agreement. 6.16. Developer agrees not to request any concession, waiver, modification or reduction of any fee, regulation, requirement, policy or standard condition for any Subsequent Approval and further agrees to pay all fees imposed by City for future buildings, so long as said fees are also imposed in a similar manner on similar projects. 6.17. Developer shall grant, in a form acceptable to City, a conservation easement to retain that portion of the Property west of and including the Gabbert Canyon drain in a predominantly open space condition consistent with Civil Code Section 815 et seq., except for the following purposes.: temporary construction (including temporary pumping needed for dewartering as part of any approved grading operations for the Property), landscape maintenance of manufactured slope areas, vegetation clearance within two hundred (200) feet of any structure for fire hazard reduction, revegetation and biological habitat enhancement required by City consistent with any Mitigation Monitoring Program, drainage conveyance, emergency access and extension of State Route 118. No excavation, drilling, extraction, pumping (excluding such pumping as may be needed for dewatering as part of approved grading operations) , mining, or similar activity shall be allowed in any :.•B PROPERTIES AGREENSNT 11196.7 -11- 0001-16 portion of the Property zoned Open Space. The limitations and exclusions described in this subsection shall be included in the conservation easement. The foregoing does not restrict the extraction of subsurface mineral resources by drilling from off the Property so long as the drilling apparatus and equipment are screened from view from all points within the City. Further, if the drilling site is not within the City, Developer agrees that before proceeding with any drilling it shall secure a use permit from the City which may include conditions ordinarily placed upon drilling opertations. Further, noise impacts from the drilling shall meet the same noise standards as placed on Industrial Planned Development Permits and there shall be no visible evidence or impacts on the ground surface of the Property: The conservation easement shall be recorded concurrently with the recordation of the first final subdivision map for the Property. 6.18. Prior to the effective date of the Ordinance- approving Zone Change No. 97 -6, Developer shall execute in favor of City and record in the Office of the County Recorder of the County of Ventura a Covenant Running with the Land (Covenant) as set forth in Exhibit "B" attached hereto and incorporated herein to limit use of the Property. 6.19. Developer agrees that as a condition of the City's approval of the first Subsequent Approval for the Property, Developer shall submit improvement plans to improve Gabbert Road from the Union Pacific Gabbert Road rail crossing to a point approximately one hundred twenty -five (125) feet north of the rail crossing to four travel lanes, two eight (8) foot bike lanes and two ten (10) foot parkways inclusive of sidewalks ( Gabbert Road improvements) . The plans for the Gabbert Road improvements must be approved by the City and a surety in an amount and form determined by the City in its sole and unfettered discretion to guarantee this improvement shall be provided prior to approval of the first final Map for the Property occurring after the operative date of this Agreement. The Gabbert Road improvements shall be constructed prior to issuance of a building permit for any portion of the Property that exceeds forty percent (405) of the acreage of the total of all lots created by the recordation of the first final map for the Property occurring after the operative date of this Agreement In the event the Improvements required pursuant to Section 6.22 of this Agreement A -• PkOPERTUS AGREEKENT 11199.7 -12- are constructed, accepted by the City and open to the public prior to the issuance of a building permit for any portion of the Property that exceeds forty percent (40 %) of the acreage of the total of all lots created by the recordation of the first final map for the Property occurring after the operative date of this Agreement, then the improvements required by this Section 6.19 shall not be required to be constructed by the Developer. 6.20. Prior to City action on the first Subsequent Approval for the Property, Developer shall provide a traffic study to determine if signalization of the intersection of the Gabbert Road /Poindexter Avenue is needed. Developer agrees that City at its sole and unfettered discretion may condition any Subsequent Approval of the Property to construct the traffic signal or pay a fair share payment at the above intersection. Construction of the signal, if required, shall occur at the same time as the Gabbert Road improvements in Section 6.19, above, or such later date as determined by the City Council at its sole and unfettered discretion. 6.21. Developer shall construct a thirty -two (32) foot wide paved access road (paved access road) to the Property to serve as the primary access until such time as the Improvements referenced in Section 6.22 are constructed. At such time as the Improvements in Section 6.22 are opened to the public, the paved access road shall become an emergency access only for the Property. The paved access road shall be located generally following the existing unpaved access road to the Property with the final location of said paved access road to be determined by the City at its sole and unfettered discretion. The paved access road shall be constructed to City Standards for an industrial street but with no requirement for curb, gutter, or sidewalk except curbs that may be determined necessary to provide for positive drainage. 6.22. Prior to issuance of a building permit for any portion of the Property that exceeds seventy percent (70 %) of the acreage of the total of all lots created by the recordation of the first final Man for the Property occurring after the operative date of this Agreement, Developer shall cause to be constructed a street extending north from Los Angeles Avenue (SR 118) including an underground crossing of the Union Pacific railroad tracks to a point approximately six hundred (600) feet north of :.•B PROPERTIES AGREE34ENT 11798.7 - 0(110 said railroad tracks (Improvements) within the area of the offer of dedication required of Developer in Section 6.10 of this Agreement. The preliminary improvement plans must be approved by the City and a surety in an amount and form determined by the City in its sole and unfettered discretion to guarantee the Improvements shall be provided prior to approval of the first final map for the Property occurring after the operative date of this Agreement. Prior to issuance of a building permit for any portion of the Property that exceeds forty percent (40 %) of the acreage of the total of all lots created by the recordation of the first final map for the Property occurring after the operative date of this Agreement, City must approve in it sole and unfettered discretion the final design plans and specifications for the Improvements and a financing plan that demonstrates the ability to fund the Improvements. This financing plan may include at City's sole and unfettered discretion, use of Citywide Traffic monies. City Agreements. 7.1. City shall use its best efforts to process plan checking and related processing for the project in an expedited manner. 7.2. City shall exempt this project from payment of the Gabbert Road /Casey Road Area of Construction (AOC) fees. 7.3. City agrees that upon receipt of a landowners' petition by developer and Developer's payment of a fee as determined necessary by City in its sole and unfettered discretion, City shall commence proceedings to form a Mello -Roos Community Facilities District ( "District ") and to incur bonded indebtedness to finance all or portions of the on site and off site public facilities, infrastructure and services that are required by this Agreement and Subsequent Approvals and that may be provided pursuant to the Mello -Roos Community Facilities Act of 1982 (the "Act ") ; provided, however, the City Council, in its sole and unfettered discretion, may abandon establishment of the District upon the conclusion of the public hearing required by California Government Code Section 53321 and /or deem it unnecessary to incur bonded indebtedness at the conclusion of the hearing required by California Government Code Section 53345. The formation, type of assessment district (if City determines another type of assessment district other than District is more A -B PROPERTIES ACREENEbrr 11798.7 -14- 11­ 19 appropriate) and method and spread of assessment shall be at the City's sole and unfettered discretion. 7.4. If requested in writing by Developer and limited to City's legal authority, City shall proceed to acquire, at Developer's sole cost and expense, easements or fee title to land in which Developer does not have title or; interest in order to allow construction of public improvements required of Developer which are outside Developer's legal boundaries. The process shall generally follow Government Code Section 66457 et. seq. and shall include the obligation of Developer to enter into an agreement with City, guarantee by cash deposits and other security as the City may require, to pay all City costs including but not limited to, acquisition of the interest, attorney fees, appraisal fees, engineering fees, and City overhead expenses of fifteen percent (15 %) on all out -of- pocket costs and City staff costs. 8. Supersession of Agreement by Change of Law. In the event that any state or federal law or regulation enacted after the date the Enabling Ordinance was adopted by the City Council prevents or precludes compliance with any provision of the Agreement, such provision shall be deemed modified or suspended to comply with such state or federal law or regulation, as reasonably determined necessary by City in its sole and unfettered discretion. Demonstration of Good Faith Compliance. In order to ascertain compliance by the Developer with the provisions of this Agreement, the Agreement shall be reviewed annually in accordance with Moorpark Municipal Code chapter 15.40. of City or any successor thereof then in effect. The failure of City to conduct any such annual review shall not, in any manner, constitute a breach of this Agreement by City, diminish, impede, or abrogate the obligations of the Developer hereunder or render this Agreement invalid or void. 10. Authorized Delays. Performance by any Party of its obligations hereunder, other than payment of fees, and Developer's obligations and restrictions on development as provided for in Sections 6.19, 6.20, 6.21 and 6.22 of this Agreement shall be excused during any period of "Excusable Delay ", as hereinafter defined, provided that the Party claiming the delay gives notice of the delay to the other Parties as soon as possible after the same has been ascertained. For purposes hereof, Excusable Delay shall mean delay that directly affects, and is beyond the reasonable control of, the Party claiming the delay, including without limitation: (a) act of God; (b) civil commotion; (c) riot; (d) strike, picketing or other labor dispute; (e) shortage of A -/ PROPERTIES AGREEMEN(' 11196.7 -15- 0001 10 materials or supplies; (e) damage to work in progress by reason of fire, flood, earthquake or other casualty; (f) failure, delay or inability of City to provide adequate levels of public services, facilities or infrastructure to the Property including, by way of example only, the lack of water to serve any portion of the Property due to drought; (g) delay caused by a restriction imposed or mandated by a governmental= entity other than City; or (h) litigation brought by a third party attacking the validity of this Agreement, a Project Approval, a Subsequent Approval or any other action necessary for development of the Property. 11. Default Provisions. 11.1. Default by Developer. The Developer shall be deemed to have breached this Agreement if it: (a) practices, or attempts to practice, any fraud or deceit upon City; or (b) willfully violates any order, ruling or decision of any regulatory or judicial body having jurisdiction over the Property or the Project, provided that Developer may contest any such order, ruling or decision by appropriate proceedings conducted in good faith, in which event no breach of this Agreement shall be deemed to have occurred unless and until there is a final adjudication adverse to Developer; or (c) fails to make any payments required under this Agreement; or (d) materially breaches any of the other provisions of the Agreement and the same is not cured within the time set forth in a written notice of violation from City to Developer, which period of time shall not be less than ten (10) days from the date that the notice is deemed received, provided if Developer cannot reasonably cure the breach within the time set forth in the notice, Developer fails to commence to cure the breach within such time limit and diligently effect such cure thereafter. 11.2. Default by City. City shall be deemed in breach of this Agreement if it: (a) materially breaches any of the provisions of the Agreement and the same is not cure within the time set forth in a written notice of violation from Developer to City, which period shall not be less than ten (10) days from the date the notice is deemed received, provided if City cannot reasonably cure the breach A -! PROPERTIES AGREENEM 11399.7 -16- R' ?.i 1 within the time set forth in the notice, City fails to commence to cure the breach within such time limit and diligently effect such cure thereafter. 11.3. Content of Notice of Violation. Every notice violation shall state with specificity it is given that of en pursuant to this section of the Agreement, the nature= of the alleged breach, and the manner in which the breach may be satisfactorily cured. The notice shall be deemed given on the date that it is personally delivered or on the third day following the day after it is deposited in the United States mail, in accordance with Section 20 hereof. 11.4. Remedies for Breach. The Parties acknowledge that remedies at law, including without limitation money damages, would be inadequate for breach of this Agreement by any Party due to the size, nature and scope of the Project. The Parties also acknowledge that it would not be feasible or possible to restore the Property to its natural condition once implementation of the Agreement has begun. Therefore, the Parties agree that the remedies for breach of the Agreement shall be limited to the remedies expressly set forth in this subsection. The remedies for breach of the Agreement by City shall be injunctive relief and /or specific performance. The remedies for breach of the Agreement by the Developer shall be injunctive relief and /or specific performance. In addition, and notwithstanding any other language of this Agreement, if the breach is of Subsection 6.4 or 6.5 or 6.9 or 6.10 or 6.19, or 6.20, or 6.21, or 6.22 of this Agreement, City shall have the right to withhold the issuance of building permits from the date that the notice of violation was given pursuant to Subsection 11.3 hereof until the date that the breach is cured as provided in the notice of violation. Nothing in this subsection shall be deemed to preclude City from prosecuting a criminal action against the Developer if it violates any City ordinance or state statute. 12. Mortgage Protection. A= the same time that City gives notice to the Developer of a reach, City shall send a copy of the notice to each holder of record of any deed of trust on the portion of the Property in which Developer has a legal interest ( "Financier "), provided that the Financier has given Prior written notice of its name and mailing address to City A -ft PROPERTIES AGREEMENT 11198.7 -17_ 00011 -p and the notice makes specific reference to this section. The copies shall be sent by United States mail, registered or certified, postage prepaid, return receipt requested, and shall be deemed received upon the third (3rd) day after deposit. Each Financier that has given prior notice to City pursuant to: this section shall have the right, at its option and insofar as the rights of City are concerned, to cure any such breach within fifteen (15) days after the receipt of the notice from City. if such breach cannot be cured within such time period, the Financier shall have such additional period as may be reasonably required to cure the same, provided that the Financier gives notice to City of its intention to cure and commences the cure within fifteen (15) days after receipt of the notice from City and thereafter diligently prosecutes the same to completion. City shall not commence legal action against Developer by reason of Developer's breach without allowing the Financier to cure the same as specified herein. Notwithstanding any cure by Financier, this Agreement shall be binding and effective against the Financier and every owner of the Property, or part thereof, whose title thereto is acquired by foreclosure, trustee sale or otherwise. 13. Estoppel Certificate. At any time and from time to time, any Developer may deliver written notice to City and City may deliver written notice to the Developer requesting that such Party certify in writing that, to the knowledge of the certifying Party, (i) this Agreement is in full force and effect and a binding obligation of the Parties, (ii) this Agreement has not been amended, or if amended, the identity of each amendment, and (iii) the requesting Party is not in breach of this Agreement, or if in breach, a description of each such breach. The Party receiving such a request shall execute and return the certificate within thirty (30) days following receipt of the notice. City acknowledges that a certificate may be relied upon by successors in interest to the Developer who requested the certificate and by holders of record of deeds of trust on the portion of the Property in which that Developer has a legal interest. 14. Administration of Agreement. Any decision by City staff concerning the interpretation and administration of this Agreement and development of the Property in accordance herewith may be appealed by the Developer to the City Council, provided that any such appeal shall be filed with the City Clerk of City within ten (10) days after the affected Developer receives notice of the staff decision. The City Council shall render its decision to affirm, reverse or modify the staff decision within thirty (30) days after the appeal was filed. The Developer shall not seek judicial review of A -8 PROPERTIES ACREMMEWr 11398.9 -18- any staff decision without first having exhausted its remedies pursuant to this section. 15. Amendment or Termination by Mutual Consent. In accordance with the provisions of Ordinance No. 59 of City or any successor thereof then in effect, this Agreement may be amended or terminated, in whole or in part by mutual consent of City and the Developer. 15.1. Exemption for Amendments of Project Approvals. No amendment to a Project Approval shall require an amendment to this Agreement and any such amendment shall be deemed to be incorporated into this Agreement at the time that the amendment becomes effective, provided that the amendment is consistent with this Agreement. 16. Indemnification. The Developer shall indemnify, defend with counsel approved by City, and hold harmless City and its officers, employees and agents from and against any and all losses, liabilities, fines, penalties, costs, claims, demands, damages, injuries or judgments arising out of, or resulting in any way from, the Developer's performance pursuant to this Agreement. Developer shall indemnify, defend with counsel approved by City, and hold harmless City and its officers, employees and agents from and against any action or proceeding to attack, review, set aside, void or annul this Agreement or any provision thereof or the Project Approvals or any Subsequent Approvals. 17. Time of Essence. Time is of the essence for each provision of this Agreement of which time is an element. 18. Operative Date. This Agreement shall become operative on the date the Enabling Ordinance becomes effective pursuant to Government Code Section 36937. 19. Term. This Agreement shall remain in full force and effect for a term of twenty (20) years commencing on its operative date unless said term is amended or the Agreement is sooner terminated as otherwise provided herein. Upon expiration of the term or earlier termination of this Agreement, the Parties shall execute any document reasonably requested by any Party to remove this Agreement from the public records as to the Property, and every portion thereof, to the extent permitted by applicable laws. 20. Notices. All notices and other communications given pursuant to this Agreement shall be in writing and shall be deemed A -9 PROPERTIES AGREEMONr 11191.7 _19- received when personally delivered or upon the third (3rd) day after deposit in the United States mail, registered or certified, postage prepaid, return receipt requested, to the Parties at the addresses set forth in Exhibit "C" attached hereto and incorporated herein. Any Party may, from time to time, by written notice to the other, designate a different address which shall be substituted for the one above specified. 21. Entire Agreement. This Agreement contains the entire agreement between the Parties regarding the subject matter hereof, and all prior agreements or understandings, oral or written, are hereby merged herein. This Agreement shall not be amended, except as expressly provided herein. 22. Waiver. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, whether or not similar; nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless it is executed in writing by a duly authorized representative of the Party against whom enforcement of the waiver is sought. 23. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. 24. Relationship of the Parties. Each Party acknowledges that, in entering into and performing under this Agreement, it is acting as an independent entity and not as an agent of the other Party in any respect. Nothing contained herein or in any document executed in connection herewith shall be construed as creating the relationship of partners, joint ventures or any other association of any kind or nature between City and Developer, jointly or severally. 25. No Third Party Beneficiaries. This Agreement is made and entered into for the sole benefit of the Parties and their successors in interest. No other person shall have any right of action based upon any provision of this Agreement. 26. Recordation of Agreement and Amendments. This Agreement and any amendment thereof shall be recorded with the County Recorder of the County of Ventura by the City Clerk of City within the period required by Ordinance No. 59 of City or any successor thereof then in effect. -. -B PROPERTIES AGREEMENT 11198 -7 -20- U�i��`�:i 27. Cooperation Between City and Developers. City and each Developer shall execute and deliver to the other all such other and further instruments and documents as may be necessary to carry out the purposes of this Agreement. 28. Rules of Construction. The captions and headings of the various sections and subsections of this Agreement are for convenience of reference only, and they shall not constitute a part of this Agreement for any other purpose or affect interpretation of the Agreement. Should any provision of this Agreement be found to be in conflict with any provision of the Project Approvals or the Subsequent Approvals, the provision of this Agreement shall prevail. 29. Joint Preparation. This Agreement shall be deemed to have been prepared jointly and equally by the Parties, and it shall not be construed against any Party on the ground that the Party prepared the Agreement or caused it to be prepared. 30. Governing Law and Venue. This Agreement is made, entered into, and executed in the County of Ventura, California, and the laws of the State of California shall govern its interpretation and enforcement. Any action, suit or proceeding related to, or arising from, this Agreement shall be filed in the appropriate court having jurisdiction in the County of Ventura. 31. Attorneys' fees under this section shall include attorneys' fees on any appeal and any post - judgment proceedings to enforce the judgment. This provision is separate and several and shall survive the merger of 'this Agreement into any judgment on this Agreement. 32. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which constitute one and the same instrument. -B PROPERTIES AGREF.On 11198.7 -21- IN WITNESS WHEREOF, A -B Properties and City of Moorpark have each executed this Development Agreement on the date first above written. A -B Properties By Stephen R. An General Partner By: Paul D. Burns General Partner PROPERTIRS AGRED40rP 11798.7 -22- LL U� ()I ; 'i CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT No. 590? State of GAL tFoR n/ifi County of VEA17 -0RA- On 12- 15 - -98 before me, JUDY Py 7- s" "9"V A)0779,ey 11L),5�lG DATE NAME, ME OF OFFICER • E.G.. JANE DOE, NOTARY PUBLIC personally appeared SAP ti EIV,R f} N c n/ NAME(S) OF SIGNERS) ;& personally known to me - OR - ❑ -te- b44#e person(h) whose name(g) is /are subscribed to the within instrument and ac- knowledged to me that he /sheA4ey executed the same in his/ht;r4thQ r authorized capacitY(4s), and that by his /het/their JUDYYVHSAMN signatureo) on the instrument the person(.9'), Cornmissiorl Iii 1148096 y NotcIry"P fic-Corftmia or the entity upon behalf of which the %bntu"°cO1n)ty person`) acted, executed the instrument. My Calm. f3gJfes AUg 19,?DOl WITNESS my hand and official seal. NATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) 9 PARTNER(S) ❑ uMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT ZZ NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) PA U L D B U R A,LS A 6 P,20PERT1 ES SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8238 Rertw M Ave., P.O. Box 7184 • Canoga. P, Ac, C J9)309-,7184 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of LAz -//7a,e n//fi County of ViFn/T"y On i2 DATE No, sW? before me, )UD Y W47-s r-r ,19nJ, N07 9,e y A)6� j e NAME, TrrLE OF OFFICER - E.G., 'JANE DOE. NOTARY PUBLIC' personally appeared 60,2N -5 NAMES) OF SIGNER(S) ;& personally known tome -OR - ❑ to he-t#e person() whose name(g) is /ere subscribed to the within instrument and ac- knowledged to me that he4heA#ey executed the same in his /hei:4#eir authorized capacity,(+es), and that by his /hetitheir JUDY WElSMAN signatureo) on the instrument the person(, - j, Commission# 1148096 or the entity upon behalf of which the NotonCofifornio personv) acted, executed the instrument. Ventura tua Count' Y" MY Corm. � Aug 19,2001 WITNESS my hand and official seal. IGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TmF(s) PARTNERS) ❑ uMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DESCRIPTION OF ATTACHED DOCUMENT DGYELOP.w�-7Vr f}G,ei��Ery r— TITLE OR TYPE OF DOCUMENT 2-2- NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: N / w a NAME OF PERSON(S) OR EN ITY(IES) STBDH EA 4 -A /V D ERS 0 A 1 A ej PRO PE ITl E$ SIGNER(S) OTHER THAN NAMED ABOVE L �l 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7154 • Canoga Park CA 91309 -7184 MOORPARK 1 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 STATE OF CALIFORNIA) COUNTY OF VENTURA ) ss. On this 16th day of December in the year 1998, before me Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, personally appeared Patrick Hunter, personally known to me to be the person who executed this instrument as the Mayor of the City of Moorpark and acknowledged to me that the City executed it. Witness my hand and Official Seal 0001:Jo PATRICK HUNTER CHRISTOPHER EVANS CLINT D. HARPER DEBBIE RODGERS JOHN E. WOZNIAK Mayor Mayor Pro Tem Coundmember Counciimember Counciimember EXHIBIT A LEGAL DESCRIPTION Part of Subdivision "L" as the same is designated and delineated upon that certain map entitled, "Map of the lands of Rancho Simi, in the Ventura and Los Angeles Counties, California ", and recorded in the office of the County Recorder of Ventura County, in book 3 of Miscellaneous Records (Maps) at page 7 and particularly described as: West one half of the Southeast one quarter of Section six (6) in Township two (2) North of Ranch nineteen (19) West, as the same is designated and delineated upon the above described map. EXCEPTING the interest in that certain parcel of land, containing 3.118 acres, as conveyed by H.C. Estes et al., to Southern Pacific Railrood Company, by deed dated October 6, 1899 and recorded in the office of the County Recorder of said County of Ventura County, in book 62 of deeds at page 6 et seq. ALSO EXCEPT the interest and /or land conveyed to the Southern California Edison Company in deed recorded March 22, 1968 in book 3280 page 326 of Official Records. ALSO EXCEPTING THEREFROM that portion thereof as conveyed to Bugle Boy Industries in a deed recorded December 5, 1990 as Document No. 90- 179525 of Official Records. END OF LEGAL DESCRIPTION (Also identified as Assessor's Parcel No. 500 -0- 340- 225)A -1 A -B PROPERTIES AGREEMENT 11398.7 0601�:L EXHIBIT B COVENANT RUNNING WITH THE LAND THIS COVENANT is made this day of , by and between the A -B Properties and Southern California Edison Company (Covenantors ") and the City of Moorpark ( "Covenantee "). WHEREAS, Covenantor is the owner of certain real property (500.0.340.22 and 23) in the City of Moorpark, County of Ventura, more particularly described in Exhibit "A" attached hereto and made a part hereof ( "the Covenantor Property ") ; and WHEREAS, Covenantee is the owner of certain real property at 799 Moorpark Avenue, in the City of Moorpark, County of Ventura, more particularly described in Exhibit "B" attached hereto and made a part hereof ( "the Covenantor Property ") ; and WHEREAS, Covenantee is willing to rezone the Covenantor Property from Agricultural Exclusive (AE) to Limited Industrial (M -2) but for the concern that some of the uses that are presently, or may subsequently be, allowed by right or permit in the CPD zone are, or may be, inappropriate uses for the Covenantor Property because of its particular location; WHEREAS, Covenantor seeks to have the Covenantors Property rezoned from Agricultural Exclusive (AE) to Limited Industrial (M -2) but acknowledges that some of the uses that are presently, or may subsequently be, allowed by right or permit in the M -2 zone are, or may be, inappropriate uses for the Covenantor Property because of its particular location; and NOW, THEREFORE, in consideration of the mutual promises of the parties to this Covenant, each to the other as Covenantor and Covenantee, and expressly for the benefit of, and to bind, their successors in interest, the parties agree as follows: B -1 A -8 PROPERTIES AGREEMENT 11398.1 0 010 13 1. Covenantee agrees to adopt an ordinance rezoning the Covenantor Property from Agricultural Exclusive (AE) to Limited Industrial (M -2); 2. Covenantor agrees that, commencing on the effective date of the ordinance rezoning the Covenantor Property from Agricultural Exclusive (AE) to Limited Industrial (M -2) . Subject to the following restrictions in addition, and superseding the M -2 regulations. A. Primary uses, except agricultural crops, shall be conducted within completely enclosed buildings and metal faced buildings shall not be allowed as principal buildings. Outside storage and operations shall not be allowed as primary uses, only accessory outside storage shall be allowed, subject to the same limitations as M -1 (confined to the area to the rear of the principal building or the rear two - thirds of the property, whichever is more restrictive, and screened from view from any property line by appropriate walls, fencing, earth mounds, or landscaping). B. The following uses shall not • Manufacturing - Batteries • Manufacturing - Metal industries, and extruding • Manufacturing - Rubber and plastj • Manufacturing - Tire retreading • Manufacturing - Cement, concrete • Mini - storage • Recreational vehicle storage be allowed as a primary use: primary; Rolling, drawing, cs products nd recapping and plaster products • Signs - Freestanding off -site advertising signs • Transportation services - Truck storage, overnight 3. Covenantor and Covenantee agree that, commencing on the effective date of the ordinance rezoning the Covenantor Property from Agricultural Exclusive (AE) to Limited Industrial (M -2), all.uses specified in Paragraph 2.B. hereof that are presently allowed or that at any time in the future may be allowed in the M -2 (Limited Industrial) zone, whether by right or by permit, shall be deemed transferred from the Covenantors Property to the Covenantee Property for the benefit of the Covenantee Property. 4. Covenantors and Covenantee agree that from time to time Covenantee may substitute any other property owned by Covenantee on the date of the substitution for the Covenantee Property ( "the Substitute Covenantee Property ") without the consent of Covenantor by the recordation of an amendment to B -2 00013.1 this Covenant. The amendment shall describe the Substitute Covenantee Property and shall provide that, commencing on the date of recordation of the amendment, all uses not specified in Paragraph 2 hereof that are presently allowed, or that at any time in the future may be allowed, in the M -2 (Limited Industrial) zone, whether by right or by permit, shall be deemed transferred from that Covenantor Property to the Substitute Covenantee Property for the benefit of the Substitute Covenantee Property. 5. All of the covenants, restrictions, and limitations set forth herein shall run with the Covenantee Property and the Covenantor Property and shall benefit and bind all persons, whether natural or legal, having or acquiring any right, title, or interest in any portion of the Covenantee Property or the Covenantor Property. Each grantee of a conveyance or purchaser under a contract of sale or similar instrument that covers any right, title, or interest in or to any portion of the Covenantee Property or the Covenantor Property, by accepting a deed or a contract of sale or similar instrument, accepts the conveyance or sale subject to, and agrees to be bound and benefited by, all of the covenants, restrictions and limitations set forth herein. 6. Nothing in this Covenant shall be construed so as to limit the right of Covenantee to rezone, or the right of Covenantor to petition Covenantee to rezone, the Covenantor Property in the future. 7. This Covenant shall remain in full force and effect until such time as an ordinance rezoning the Covenantor Property from Agricultural Exclusive (AE) to Limited Industrial (M -2) to another zone designation becomes effective. 8. This Covenant may be enforced by proceedings at law or in equity against any person who violates or attempts to violate a covenant, restriction or limitation hereof. The prevailing party shall be entitled to recover such attorneys' fees and court costs as it reasonably incurs in such a proceeding. 9. In the event any provision of this Covenant is found to be invalid or unenforceable in any proceeding at law or in equity, such finding shall not affect the other provisions of this Covenant, which shall remain in full force and effect. B -3 0001 0111-± 10. Either party may record in the office of the Recorder of Ventura County this Covenant or any amendment hereto specified in Paragraph 4 hereof without the consent of the other party. IN WITNESS WHEREOF, Covenantor and Covenantee have executed this Covenant on the date first above written B -4 ©001= -a:.i CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT N& um State of LALtFare nii.9 County of VC-_AJ- r09,4- On /2- -1 5- y a before me, JU D Y WC-77-5 rt 19 Al AJO n�9,e_�� G DATE NAME, TITLE OF OFFICER - E.G., -JANE DOE. NOTARY PUBLIC. personally appeared ANcD E -SOA) NAMES) OF SIGNER(S) j� personally known to me - OR - ❑ Ae- 4a-t#e person() whose name() is /ate- subscribed to the within instrument and ac- knowledged to me that he /s4944ey executed the same in his /hei:4#$ir authorized capacity(+es), and that by his /heiit-heir signatureo) on the instrument the person(g), 6Comisssion 11r or the entity upon behalf of which the MyCzm'm.B#MAug19,=l Not �� f persona) acted, executed the instrument. WIT hand and official seal. SIG TORE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER MUM C� PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DESCRIPTION OF ATTACHED DOCUMENT 2iVCLOPMIs— 7— &X.5 TITLE OR TYPE OF DOCUMENT y NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) PA tJL l� f j tl Jz N S A b PRO PEkTI ES SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOMATION • 8236 Remmet Ave., P.O. Box 7164 • Canoga PaAt. CA 91309.7184 0001313 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT Nm S, State of �/}LtPa,2 N /fi County of VFnl7 —URA- On /;7-- before me, JUDY WC-776",,9Atl, N0-129,9V f'6�1G DATE NAME. TITLE OF OFFICER • E.G., -JANE DOE. NOTARY PUBLIC personally appeared 10140L- D. 6021%1 . NAME(S) OF SIGNER(S) personally known to me - OR - ❑ ,to h-n-flaem person() whose name(') is /are- subscribed to the within instrument and ac- knowledged to me that he/she4hey executed the same in his /weir authorized capacity{+es), and that by his /.),tei/their JUDY WESMlNI signature (4) on the instrument the person(g), Notcy�C- corroia or the entity upon behalf of which the V&T1uncounty person V) acted, executed the instrument. My Cann. F�ieS Aug 19, X101 WITNESS my hand and official seal. IGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER mn.ESst EL PARTNER(S) ❑ LIMrTED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR EN'TTTY(IES) A b PRO PEP- T/ ES DESCRIPTION OF ATTACHED DOCUMENT D6i/EZOPK��vr ft����r+F,v7— ex 8 TITLE OR TYPE OF DOCUMENT y NUMBER OF PAGES DATE OF DOCUMENT � P N EN,-?A AJ D of J SIGNER(S) OTHER THAN NAMED ABOVE al i 01993 NATIONAL NOTARY ASSOCIATION • 8238 Remmet Ave.. P.O. Box 7184 • Canoga Padr, CA 91309 -7184 MOORPARK- 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 STATE OF CALIFORNIA) COUNTY OF VENTURA ) ss. On this 16th day of December in she year 1998, before me Deborah S. Traffenstedt, City Clerk c. the City of Moorpark, California, personally appeared Patrick mounter, personally known to me to be the person who executed this strument as the Mayor of the City of Moorpark and acknowledged to me that the City executed it. Witness my hand and Official Seal PATRICK HUNTER CHRISTOPHER EVANS CLINT D. HARPER DEBBIE RODGERS JOHN E. WOZNIAK Mayor Mayor Pro TOM Counalmember Counalmember Councilmember r � EXHIBIT C To City: City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attn. City Manager To Developer: A -B Properties 4875 Spring Road Moorpark, CA 93021 ATTN: Stephen R. Anderson C -1 000139 68 :, �---� ----- ; ;; ', ,i ��. .III ►:�111�► � � � `�•,1� �; ; ��� `, Z 06r 6'06e _ \\ fffI .0'. Qr F69 ' 1 • r ^�' ,��.' �,.5' l .a \ ..� � r ••� ' "� ^-`•� — � � ..10: ' 1 �� i j j !�� �I II ' I�I � f � I 1 ti •' ` 'j, .�- .`- .`. '�, __�..::` ' •`l ��,��'1', 1 1 ! 7 111'' ► I I� 1 111 ,.r I Y Liar 0 AA —rr--- — —137-- r got*. ,1 /� ti. f , .�, ` `t.,� �;,I ; I \ i i;';:�il ►, ;, � ; -f- - ,• . , nor, �—�;' A€'� 500, _r a`�in•, 1 � SL69 MOS \�• `\ �- i ` \ = + flL Lsva � ��� - -- - - _ - - d�L}Z•y� ^Yy� 'Ti -Lirz3 —„7y. 1 '7 .y � _. '\C 1. � 0109 �• • `�. I•'6o� _ •� • .�l -�• `�•� .. - � ., ..- + S �)�/ �� rte_- -�/ '%t5 MEMORANDUM City of Moorpark TO: Planning Commission FROM: Paul Porter, Principal Planne�-.s DATE: February 11, 2000 SUBJECT: MEMORANDUM FROM JOHN WHITMAN REGARDING NEED FOR TRAFFIC SIGNAL AT THE INTERSECTION OF GABBERT AND POINDEXTER BASED ON DEVELOPMENT OF TENTATIVE TRACT MAP NO. 5147 In the staff report for Tentative Tract Map No. 5147 for the Planning Commission hearing on February 14, 2000, it was indicated that a memorandum from the City's Traffic Engineer justifying the need for the traffic signal at the Gabbert /Poindexter intersection dated February 11, 2000 (Attachment No. 12) would be delivered to the Planning Commission under separate cover. This exhibit is attached for your information and review. Attachment: Memorandum from City's Traffic Engineer dated February 11, 2000. CC. Wayne Loftus, Director of Community Development Case File, Application Section Chroni. File \ \MOR PRI SERV \HOME FOLDERS\ PPORTER \M \TT5147 \SIGNAL.MEM.DOC O()It1 -:-k FILE COPY MEMORANDUM TO: Wayne Loftus, D ector of Community Development FROM: John Whitman DATE: February 11, 2000 SUBJECT: Further Discussion Regarding the Need for a Traffic Signal at the Intersection of Gabbert and Poindexter Based on Development of A B Properties Based on our recent conversation I" have prepared this further analysis of the subject intersection. As I stated in my two reviews of Tom Montgomery's Traffic Analyses dated 9/20/99 and 11/20/99; I have some basic disagreement with those analyses. Mr. Montgomery used the standard Caltrans approach to analyze the intersection. He assumed that the street system shown in the Moorpark Area Transportation Model would be in place. The MATM shows a bypass north of this intersection. He also did not mention the railroad tracks and any impacts to intersection operations resulting from the tracks. He did not mention the short distance from the intersection to the development driveway or the radical change in traffic on Gabbert Road north of the subject intersection. I do not believe that his analyses are wrong, however, I do not believe that the analyses are in the best interest of Moorpark. The construction of the bypass appears to be further in the future than the construction of the proposed industrial subdivision. Industrial traffic will enter and exit the A B Properties driveway which is only a short distance north of the railroad. The intersection is non standard because of the railroad tracks (sight distance and operations are affected when trains are present). In addition, drivers using the intersection currently do not expect traffic traveling southbound (currently 290 vehicles per day), whereas with the number of vehicles per day southbound at the intersection will increase significantly (2540 vehicles per day) with the development. For these reasons, I believe that the City needs to carefully consider how to assure safe operations of the intersection in its current configuration. Attached are completed Caltrans worksheets that I have prepared based on how I believe the City should look the intersection. The work sheets show that a traffic signal meets 2 out of 3 warrants per Caltrans standards. Because the intersection meets signal warrants combined with the special circumstances around the intersection, I continue to recommend installation of a traffic signal. The driveway onto Gabbert Road is a temporary facility that will be replaced over time. When the driveway is taken out of service as the main entry, the intersection should be reanalyzed and the traffic signal may prove to be not warranted. The traffic signal could be deactivated and/or removed at that time. ()00142 Traffic Manual TRAFFIC SIGNALS AND LIGHTING 9 -9 1 -1991 Figure 9 -4 TRAFFIC SIGNA� WARRANTS C, Af3�E2 1C pdj N OEx-TC (Based on Estimated Average Daily Traffic - See Note 2) URBAN ............................... RURAL ......v... ................ c35 -i►� pt.� ,1( SPP �`�h 1. Minimum Vehicular s.p ``ds -i 3 v- 05\i . '42 Mp4� Oh C,bb,VA Satisfied Not Satisfied Minimum Requirements EADT Vehicles per day on major Vehicles per day on higher - street (total of approaches) both volume minor - street approach (one direction only) Number of lanes for moving traffic on each approach Major Street Minor Street Urban Rural Urban Rural 1 ......................................... 1.......... ............................... 8,000 5,600 2,400 1,680 2 or more ........................... 2 or more .,J ...P ? .............. 1 .......... ............................... 2 or more .3. j..Z...S........... 9,600 9,600 6,720 672 2,400 1,680 3,200 LZ2_4QI 1 .......... ............................... 2 or more ........................... 8,000 5,600 3,200 2,240 2. Interruption of Continuous Traffic Satisfied Not Satisfied Vehicles per day on major Street (total of both Vehicles per day on higher - volume minor - street approach approaches) (one direction only) Numbers of lanes for moving traffic on each approach Major Street Minor Street Urban Rural Urban Rural 1 ......................................... 1.......... ............................... 12,000 8,400 1,200 850 2 or more ........................... 2 or more ... .3.51........... 1 .......... ............................... 2 or more .3.0 2.5........... 14,400 14,400 10,080 10080 1,200 850 1,600 1 0 1 .......... ............................... 2 or more ........................... 12,000 8,400 1,600 1,120 3. Combination Satisfied Not Satisfied 2 Warrants 2 Warrants No one warrant satisfied, but following warrants fufilled 80% or more .................... i aU 01d 0 o %o 1 2 NOTE: 1. Heavier left turn movement from the major street may be included with minor street volume if a separate signal phase Is to be provided for the left -turn movement. 2. To be used only for NEW INTERSECTIONS or other locations where actual traffic volumes cannot be counted. 0E;0���J Ew 9 -14 TRAFFIC SIGNALS AND LIGHTING Traffic Manual Figure 9 -9 PEAK HOUR VOLUME WARRANT (Rural Areas) 500 x a > 400 x �a LU LU � 300 CL N CL 20 Cr z = 200 O y 0100 [$I 2 OR MORE LANES (MAJOR) & 2 OR MORE LANES (MINOR) 2 OR MORE LANES (MAJOR) & 1 LANE (MINOR) OR 1 LANE (MAJOR) & 2 OR MORE LANES (MINOR) 1 LANE (MAJOR) & 1 LANE (MINOR) 300 400 500 5 600 700 800 900 1000 1100 1200 1300 J MAJOR STREET - TOTAL OF BOTH APPROACHES -VPH * NOTE: 100 VPH APPLIES AS THE LOWER THRESHOLD VOLUME FOR A MINOR STREET APPROACH WITH TWO OR MORE LANES AND 75 VPH APPLIES AS THE LOWER THRESHOLD VOLUME FOR A MINOR STREET APPROACHING WITH ONE LANE. UUco1! -i 9 -14 TRAFFIC SIGNALS AND LIGHTING Traffic Manual Figure 9 -9 PEAK HOUR VOLUME WARRANT (Rural Areas) 500 2 CL > 400 Ul S ►- Q Lu m 300 CC Ca U) Q cc w C) ? 200 � J O 0 100 Z 0 L- 300 2 OR MORE LANES (MAJOR) & 2 OR MORE LANES (MINOR) 2 OR MORE LANES (MAJOR) & 1 LANE (MINOR) OR 1 LANE (MAJOR) & 2 OR MORE LANES (MINOR) 1 LANE (MAJOR) & 1 LANE (MINOR) 400 500 600 700 800 900 1000 1100 1200 1300 MAJOR STREET - TOTAL OF BOTH APPROACHES - VPH * NOTE: 100 VPH APPLIES AS THE LOWER THRESHOLD VOLUME FOR A MINOR STREET APPROACH WITH TWO OR MORE LANES AND 75 VPH APPLIES AS THE LOWER THRESHOLD VOLUME FOR A MINOR STREET APPROACHING WITH ONE LANE. 0(),01/!,-- RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 5147 ON THE APPLICATION OF A -B PROPERTIES FOR A SUBDIVISION OF A 34.53 ACRE SITE INTO 17 INDUSTRIAL LOTS LOCATED APPROXIMATELY 1,300 FEET WEST OF GABBERT ROAD, NORTH OF THE UNION PACIFIC RAILROAD RIGHT -OF -WAY WHEREAS, at a duly noticed public hearing on March 15, 2000, the City Council held a public hearing to consider the approval of Tentative Tract Map No. 5147 on the application of A -B Properties to subdivide a 34.53 acre site into seventeen (17) industrial lots located approximately 1,300 feet west of Gabbert Road, north of the Union Pacific Railroad right -of -way (Assessor Parcel No. 500 -0- 340 -220); and WHEREAS, at its meeting of March 15, 2000, the City Council opened the public hearing, received public testimony, and closed the public hearing; and WHEREAS, pursuant to California State Law, an evaluation has been conducted to determine if the proposed project will have a significant effect on the environment, and based upon the Initial Study and analysis of available information, it was found that there is substantial evidence that the significant effects of the proposed project on the environment can be mitigated to a level of insignificance with the adoption of mitigation measures; therefore a Mitigated Negative Declaration has been prepared in compliance with the State of California Environmental Quality Act Guidelines (CEQA); and WHEREAS, the City Council, after review and consideration of the information contained in the City Council staff report, and testimony received, has made a decision in this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby find that the aforementioned project is consistent with the City's General Plan. ATTACHMENT " 3 it 000JAki Resolution No. 2000 - Page No. 2 SECTION 2. The City Council finds that based upon the information and findings presented in the staff report, accompanying documents, and public testimony, has determined that the Initial Study and analysis, has found that there is substantial evidence that the significant effects of the proposed project on the environment can be mitigated to a level of insignificance with the adoption of mitigation measures; therefore a Mitigated Negative Declaration has been prepared in compliance with the State of California Environmental Quality Act Guidelines. SECTION 3. That the City Council adopts the following findings: C.E.O.A. Findings 1. That the Mitigated Negative Declaration/ Initial Study for the project is complete and has been prepared in compliance with the California Environmental Quality Act (CEQA), and CEQA Guidelines, and City policy. 2. The contents in the Mitigated Negative Declaration /Initial Study have been considered in the various decisions on these projects. 3. In order to reduce the potential adverse impacts of this project, mitigation measures discussed in the environmental document have been incorporated into the proposed project. 4. A Mitigation Reporting and Monitoring Program has been prepared in compliance with Assembly Bill 3180 and considered in the various decisions regarding these projects. Subdivision Map Act Findings Based on the information set forth above, it is determined that the Tentative Tract Map No. 5147, with imposition of the attached conditions, meets the requirements of California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et sea., in that: 0001/111 Resolution No. 2000 - Page No. 3 1. The proposed map is consistent with the applicable General Plan and Specific Plans. 2. That the design and improvements of the proposed subdivision is consistent with the applicable General Plan and Specific Plans. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the proposed density of development. 5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage. 6. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. 7. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision. 8. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et sea. 9. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir. SECTION 4. That the City Council approves Tentative Tract Map No. 5147 subject to the attached Conditions of Approval. SECTION 5. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original Resolutions. 0 001/! 6 Resolution No. 2000 - Page No. 4 PASSED AND ADOPTED this day of , 2000. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk ATTACHMENT: EXHIBIT A 0001/t;i Conditions of Approval Tentative Tract Map No. 5147 Page 1 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 5147 COMMUNITY DEVELOPMENT DEPARTMENT: GENERAL REQUIREMENTS CDD -1. Application of City Ordinances /Policies The conditions of approval of this Tentative Tract Map and all provisions of the Subdivision Map Act, City Ordinance and adopted City policies supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map. CDD -2. Acceptance of Conditions 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. A notation which references conditions of approval including reference to the Development Agreement shall be included on the Final Map in a format acceptable to the Director of Community Development. CDD -3. Expiration of Map This Tentative Tract Map or any portion thereof, shall expire eight (8) years from the date of its approval or conditional approval or upon the expiration or earlier termination of the Development Agreement approved for this property. No extensions for map recordation may be granted as limited by Section 5.4 of the Development Agreement. CDD -4. Image Conversion Prior to recordation, the builder shall provide to the City an image conversion of plans (as determined by the Department of Community Development) into an optical format acceptable to the City Clerk. CDD -5. Hold Harmless 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 IIMOR_PRI-SERVICITY SHAREICommuno DevelopmentlEveryonelDEVELOPMENT CONDITIONSW5147 conditions A -B Proper ies.doc Conditions of Approval Tentative Tract Map No. 5147 Page 2 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: The City bears its own attorney fees and costs; 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. CDD -6. Title Report The subdivider shall submit to the Department of Community Development and the City Engineer for review a current title report which clearly identifies all interested parties and lenders included within the limits of the subdivision as well as any easements that affect the subdivision. CDD -7. Calleguas Release Prior to approval of a Final Map, the subdivider shall demonstrate by possession of a District Release from the Calleguas Municipal Water District that arrangements for payment of the Construction Charge applicable to the proposed subdivision have been made. The subdivider shall comply with Ventura County Waterworks Rules and Regulations, including payment of all applicable fees. CDD -8. Unconditional Availability Letter Prior to approval of a Final Map, an unconditional availability letter shall be obtained from the County Waterworks District IIMOR -PRI SERVICITY SHAREICommunity DevelopmenAEveryoneOEVELOPMENT CONDITIONSW5147 conditions A -B Properties.doc Ovoj•jj L Conditions of Approval Tentative Tract Map No. 5147 Page 3 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. CDD -9. Cross Connection Control Devices At the time water service connection is made, cross connection control devices shall be installed on the water system in a manner approved by the County Waterworks District No. 1. CDD -10. Computer Aided Mapping System The Map 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" CDD -11. Case Processing Costs Prior to recordation of the Final Tract Map, the applicant shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees. In addition, the Applicant shall be required to pay a Condition Compliance deposit pursuant to the requirements of the most recently adopted Resolution Establishing Schedule of Land Development Preliminary Processing Fee Deposits. CDD -12. Conservation Easement Prior to recordation of the map, the Developer shall grant, in a form acceptable to the City, a Conservation Easement to retain that portion of the property west of, and including the Gabbert Canyon drain in a predominantly open space condition consistent with Civil Code Section 815 et sea., except IIMOR— PRI—SERMITY SHAREICommunity DevelopmentlEve"ne0EVELOPMENT CONDITIONSW5147 conditions A -B Properties.doc Conditions of Approval Tentative Tract Map No. 5147 Page 4 for the following purposes: temporary construction (including temporary pumping needed for dewatering as part of any grading operations for the Property), landscape maintenance of any manufactured slope areas, vegetation clearance within two hundred (200) feet of any structure for fire hazard reduction, revegetation and biological habitat enhancement required by the City consistent with any mitigation Monitoring Program, drainage conveyance, emergency access or extension of the 118 Arterial. No excavation, drilling extraction, pumping (excluding such pumping as may be needed for dewatering as part of approved grading operations), mining, or similar activity shall be allowed in any portion of the property zoned Open Space. The limitations and exclusions described in this subsection shall be included in the conservation easement. The subsurface mineral resources from drilling off the Property so long as the drilling apparatus and the equipment are screened from view from all points within the City. Further, if the drilling site is not within the City, Developer agrees that before processed with any drilling it shall secure a use permit from the City which may include conditions ordinarily placed upon drilling operations. Further, noise impacts from the drilling shall meet the same standards as placed on Industrial Planned Development Permits and there shall be no visible evidence or impacts on the ground surface of the Property (DA 6 . 17) . The conservation easement shall be recorded concurrently with the final map. Reference to the conservation easement shall be placed on the Map. CDD -13. Fish and Game Requirement Within two days after the City Council adoption of a resolution approving this Tract Map, the Applicant shall submit to the City a check for a single fee of $1,250 plus a $ 25.00 filing fee payable to the County of Ventura, to comply with Assembly Bill 3158, for the management and protection of Statewide Fish and Wildlife Trust Resources. Pursuant to Public Resources Code Section 21089; and IIMOR PRI—SERVICITY SHAREICommun4 DevelopmentlEveryoneOEVELOPMENT CONDITIONSW5147 conditions A -B Properties.doc 0 1 01-50i Conditions of Approval Tentative Tract Map No. 5147 Page 5 (b)Fish and Game Code Section 711.4; (c) the project is not operative, vested or final until the filing fees are paid. CDD -14. Submittal of Landscape Plans Prior to approval of the Final Map, a complete landscape and wall plan for the areas along the 118 Arterial Bypass and North South Arterial Connecting Street (3 sets), together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect 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 plans shall be approved prior to approval of the Final Map, and appropriate surety posted as part of the subdivision improvement agreement. This wall and landscaping shall be installed with the first phase of public street improvements installed for this subdivision. The landscape /wall plan shall also include planting and irrigation specifications for manufactured slopes over three (3) feet in height. The Applicant shall bear the cost of the landscape plan review, installation of the landscaping and irrigation system, and of final landscape inspection. The landscaping and planting plan submitted for review and approval shall be accompanied by a deposit as specified by the City. Additional funds may subsequently need to be deposited to cover all landscape plan check and inspection fees. All landscaped areas shall have an irrigation system. The City's landscape architect shall certify in writing that the landscape and irrigation system was installed in accordance with the approved Landscape and Irrigation Plans. The final landscape plans shall include landscaping specifications, planting details, and design specifications consistent with the following requirements: A. The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths within the project limits. WOR_PR! SEROCITY SHARE1Communo Deve /opmenf EveryoneIDEVELOPMENT CONDITIONSW5147 conditions A -8 Properties.doc Conditions of Approval Tentative Tract Map No. 5147 Page 6 B. All plant species utilized shall be drought tolerant, low water using variety. C. Landscaping at site entrances and exits and any intersection within the parking lot shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. D. Landscaping shall be designed to not obstruct the view of any exterior door or window from the street. E. Landscaping (trees) shall not be placed directly under any overhead lighting, which could cause a loss of light at ground level. F. Backflow preventers, transformers, or other exposed above ground utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and /or a wall. G. Irrigation shall be provided for all permanent landscaping, as identified in the approved landscape plan. The Applicant shall be responsible for maintaining the irrigation system and all landscaping. The Applicant shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the development. H. The transformer and cross connection water control devices shall be shown on the plot plan and landscaping and irrigation plan and screened from street view with masonry wall or landscaping as approved by the Director of Community Development. I. All perimeter and /or garden walls shall be constructed prior to installation of any sidewalks or concrete slabs. J. Prior to Final Inspection, the areas to be landscaped, as shown on the landscape and irrigation plan, shall be planted and irrigation system installed. The City's landscape architect shall certify in writing that the landscape and WOR_PRI_SEROCITY SHAREICommun8y DevelopmentlEveryonelDEVELOPMENT CONDITIONSW5147 conditions A -8 Properties.doc 06,015J Conditions of Approval Tentative Tract Map No. 5147 Page 7 WOR— PRI_SERVIGTY SHAREICommunity DevelopmenftEmyoneIDEVELOPMENT CONDITIONSM147 conditions A -B Properties.doc 06101St; irrigation system was installed in accordance with the approved Landscape and Irrigation Plans. K. The applicant shall post a bond for completion of the landscaping. The timing of the completion of the landscaping shall be at the sole and unfettered discretion of the City. L. The wall along the 118 Arterial Bypass and North South Arterial Connection street shall be completely concurrently with the installation of the first phase of public improvements. CDD -15. All requirements as specified in the Development Agreement shall apply to this Tentative Tract Map. CDD -16. Prior to recordation of the Final Map, a property owner association shall be established for maintenance of parkway and median landscaping, street lighting, and if requested by the City Council parks in the event the assessment district is dissolved, and other improvements as determined by the Director of Community Development and City Engineer, if an assessment district is determined to be not feasible. CITY ENGINEER DEPARTMENT: Grading CED -1. The Subdivider /Developer shall submit to the City for review and approval, a contour grading plan, consistent with the approved Tentative Map (elevations may not deviate by more than 2.0 feet) and in compliance with the provisions of the City Hillside Management Ordinance (Municipal Code Section 17.38) (DA 6.12), prepared by a Registered Civil Engineer. The Subdivider /Developer shall enter into an agreement with the City to complete the improvements and shall post sufficient surety guaranteeing completion of all improvements. Grading plans depicting contour grading of all visible slopes shall be completed to the satisfaction of the City Engineer and the Director of Community Development. CED -2. Prior to Final Map approval the Developer shall pay the Los Angeles Avenue Area of Contribution (AOC) WOR— PRI_SERVIGTY SHAREICommunity DevelopmenftEmyoneIDEVELOPMENT CONDITIONSM147 conditions A -B Properties.doc 06101St; Conditions of Approval Tentative Tract Map No. 5147 Page 8 Fees. The AOC fees shall be the dollar amount in effect at the time of payment. If previous payment of these contributions can be demonstrated, to the City's satisfaction upon concurrence of the City Manager, the developer would not have to pay the AOC fees. CED -3. The final grading plans shall indicate the geotechnical consultant's removal and recompaction recommendations and shall be reviewed, approved, signed and wet - stamped by the project geotechnical engineer and project engineering geologist, as acknowledgement that their recommendations have been incorporated. CED -4. Concurrent with submittal of the grading plan an Erosion Control Plan shall be submitted to the City for review and approval by the City Engineer. The design shall include measures for hydroseeding on all graded areas within 30 days of completion of grading unless otherwise approved by the City Engineer. Reclaimed water shall be used for dust control during grading, if available from Waterworks District No. 1 at the time of grading permit approval. CED -5. Requests for grading permits will be granted in accordance with the approved Tentative Map No.5147, as required by these conditions and City ordinance /policies. CED -6. The Subdivider /Developer 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. CED -7. Temporary irrigation, hydroseeding or equal measures acceptable to the City Engineer for erosion and dust control shall be implemented on all temporary grading. Temporary grading is defined to be any grading IIMOR -PRI SERVICITY SHAREICommunity DevelopmentlEve"mOEVELOPMENT CONDMONSV6147 conditions A -B Properties.doc 00015. % Conditions of Approval Tentative Tract Map No. 5147 Page 9 partially completed and any disturbance of existing natural conditions due to construction activity. These measures will apply to temporary grading activity that remains or is anticipated to remain unfinished or undisturbed in its altered condition for a period of time greater than thirty (30) days or the beginning of the rainy season whichever comes first. CED -8. All development areas and lots shall be designed and graded so that surface drainage is directed to street frontages or natural or improved drainage courses as approved by the City Engineer. CED -9. All offsite grading work shall require easement agreements. All offsite grading agreements /easements shall be recorded at the Ventura County Recorder's office, and a copy of the recorded easements shall be provided to the City Engineer's office, prior to issuance of a grading permit. Geotechnical /Geology Review CED -10. The Subdivider /Developer shall submit to the City for review and approval, a detailed geotechnical engineering and geology report certified by a California Registered Civil Engineer. The geotechnical engineering report shall include an investigation with regard to liquefaction, expansive soils, and seismic safety. The Subdivider /Developer shall also provide a report that discusses the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. Note: Review of the geotechnical engineering and geology report(s), by the City's Geotechnical Engineer, shall be required. The Subdivider shall reimburse the City for all costs including the City's administrative fee for this review. CED -11. All recommendations included in the approved geotechnical engineering report shall be implemented during project design, grading, and construction in accordance with the approved project. The City's geotechnical consultant shall review all plans for IIMOR_PR/ SERVICITY SHAREICommunity DevelopmenAEveryonelDEVELOPMENT CONDITIONSW5147 conditions A -B Properfles.doc Conditions of Approval Tentative Tract Map No. 5147 Page 10 conformance with the soils engineer's recommendations. Prior to the commencement of grading plan check, the developer's geotechnical engineer shall sign the plans confirming that the grading plans incorporate the recommendations of the approved soils report(s). All review comments from the City's geotechnical consultant in letter dated October 19, 1999, on file at the City Engineer's office shall be addressed prior to the issuance of a grading permit. Storm Water Runoff and Flood Control Plannin CED -12. The Subdivider /Developer shall submit to the City 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 to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. The plans shall depict all on -site and off -site drainage structures required by the City. The drainage plans and calculations shall demonstrate that the following conditions will be satisfied 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 10 -year frequency storm; C. All catch basins shall carry a 10 -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. Improvements shall be constructed to detain drainage on -site when the drainage amount is IIMOR -PRI- SERVILITY SHARMCommuMy Development EveryoneOEVELOPMENT CONDITIONSW5147 conditions A -8 Propetes. doc 06101S:y Conditions of Approval Tentative Tract Map No. 5147 Page 11 between the 10 -year and 50 -year storm event. A rainfall intensity zone K shall be utilized in the design unless an alternate design intensity is approved by the City Engineer. F. All culverts shall carry a 100 -year frequency storm; G. Drainage facilities shall be provided such that surface flows are intercepted and contained in an underground storm drain prior to entering collector or secondary roadways; H. Under a 10 -year frequency storm, local, residential and private streets shall have one dry travel lane available on interior residential streets. Collector streets shall have a minimum of one dry travel lane in each direction. I. 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 Developer; J. All drainage grates shall be designed and constructed with provisions to provide adequate bicycle safety to the satisfaction of the City Engineer; K. If the land to be occupied is in an area of special flood hazard, the Developer 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. L. 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 owner unless otherwise approved by the City Council. IIMOR PRI—SERVICITY SHAROCommunlry DevelopmentlEveryoneOEVELOPMENT CONDITIONSVr5147 cond6ons A -8 Properties.doc Conditions of Approval Tentative Tract Map No. 5147 Page 12 M. 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 features to reduce their visibility. N. 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. CED -13. The Subdivider /Developer shall demonstrate for each building pad within the Tentative Map area 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. CED -14. A hydraulic /hydrology study shall be prepared which analyzes the hydraulic capacity of the drainage system, with and without the storm drain system for the proposed development. The Developer shall make any downstream improvements, required by Ventura County Flood Control and the City , to support the proposed development. CED -15. The Developer shall demonstrate that surface drainage from the site shall not drain over the sidewalk or the driveways. CED -16. All structures within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. CED -17. The Developer 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 shown on existing drainage studies and approved by the City, shall be delineated on the final IIMOR_PRLSERVICITY SHARE1Communq DevelopmentlEveryonelDEVELOPMENT CONDITIONSW5147 conditions A -B Properties.doc 0001�;� Conditions of Approval Tentative Tract Map No. 5147 Page 13 drainage plans. Either on -site retention basins or storm water acceptance deeds from off -site property owners must be specified. These facilities (if applicable) must also be acceptable to the Ventura County Flood Control District. CED -18. As part of improvements to Gabbert Road, the Applicant shall design and construct an underground storm drainage conveyance with inlets to properly collect storm water from the intersection of Poindexter Avenue and Gabbert Road to the Ventura County Flood Control Channel. That channel lies north of the Union Pacific railroad right -of -way. As part of the design, the Applicant shall obtain appropriate permits from the Ventura County Flood Control District. National Pollutant Discharge Elimination System ( NPDES) CED -19. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Stormwater Quality Management Program, NPDES Permit No. CAS063339. CED -20. The project construction plans shall incorporate Best Management Practices (BMPs) applicable to the development for the review and approval of the City Engineer. CED -21. All on -site storm drain inlets, whether newly constructed or existing, shall be labeled "Don't Dump - Drains to Arroyo" CED -22. Landscaped areas shall be designed with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides which can contribute to urban runoff pollution. Parking and associated drive areas with 5 or more spaces shall be designed to minimize degradation of stormwater quality. Best Management Practices, such as oil /water separators, sand filters, landscaped areas for infiltration, basins or approved equals, shall be installed to intercept and effectively prohibit pollutants from discharging to the storm drain system. INOR_PRI SERVICITY SHAREICommunity Deve16pmenAEveq"0EVELOPMENT COND/TtONSW5147 conditions A -B Properties.doc 00016� Conditions of Approval Tentative Tract Map No. 5147 Page 14 The design must be submitted with the Stormwater Pollution Prevention Plan to the City Engineer for review and approval prior to the issuance of a grading permit. CED -23. 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. All materials required by FEMA for a map revision shall be provided to the City Engineer's office. This material will demonstrate the revised flood plain locations following development. This information will be forwarded by the City Engineer to the FEMA for review and updating of the National Flood Insurance Program maps. If updates to the flood zone have been made a conditional letter of map revision shall be provided to the City prior to issuance of a zone clearance for occupancy of the first residential unit. The Developer will be responsible for all costs charged by the FEMA and the City's administrative costs. CED -24. The following requirements shall be included in the CC &R's: A. All property areas shall be maintained free of litter /debris. B. All on -site storm drains shall be cleaned at least twice a year, once immediately prior to October 15 (the rainy season) and once in January. Additional cleaning may be required by the City Engineer. C. Private roads and parking lots /drive - throughs shall be maintained free of litter /debris. Sidewalks, parking lots and drive - throughs shall be swept regularly to prevent the accumulation of litter and debris. When swept or washed, debris must be trapped and collected to prevent entry to the storm drain system. No cleaning agent may be discharged to the storm drain. If any cleaning agent or degreaser is used, washwater shall not IIMOR PRI_SERVICITY SHAREICommunity DevelopmentlEveryyonel DEVELOPMENT CONDITIONSItr5147 condiBons A -8 Propertles.doc 0001G-0, Conditions of Approval Tentative Tract Map No. 5147 Page 15 discharge to the storm drains; washwater should be collected and discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review, approval, and conditions of the wastewater treatment plant receiving the discharge. D. Any exterior metal building surfaces, including roofing, shall be coated or sealed with rust inhibitive paint to prevent corrosion and release of metal contaminants into the storm drain system. E. Landscaping shall be properly maintained with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides which can contribute to urban runoff pollution. The Property owner's association shall provide for maintenance of parkway and median landscaping, if an assessment district is not feasible. F. Trash enclosures and /or recycling area(s) shall be covered. All litter /waste material shall be kept in leak proof containers. The floor surface of the trash area shall be paved with impermeable material. No other area shall drain onto the trash enclosure. There shall be no drain connected from the trash enclosure area to either the storm drain system or the sanitary sewer. However, the enclosure shall be designed and constructed with provision for future connection to the sanitary sewer. CED -25. Prior to the issuance of any [construction /grading permit] and /or the commencement of any clearing, grading or excavation, the applicant /owner shall submit a Stormwater Pollution Control Plan (SWPCP) , on the form provided by the City for the review and approval of the City Engineer. A. The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Stormwater Quality Management Program, IWOR —PRI SERVICITY SNAREICommunity DevelopmenMyeryoneOEVELOPMENT CONDITIONSW5147 conditions A -8 Properties.dw Conditions of Approval Tentative Tract Map No. 5147 Page 16 NPDES Permit No. CAS063339. B. The SWPCP shall identify potential pollutant sources that may affect the quality of discharges to stormwater and shall include the design and placement of recommended. Best Management Practices (BMPs) to effectively prohibit the entry of pollutants from the construction site into the storm drain system during construction. C. Improvement plans shall note that the contractor shall comply to the "California Storm Water Best Management Practice Handbooks" D. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant /owner shall also submit a Notice of Intent (NOI) to the California State Water Resources Control Board, Storm Water Permit Unit in accordance with the NPDES Construction General Permit (No. CASQ00002): Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activities). The applicant /owner shall comply with all additional requirements of this General Permit including preparation of a Stormwater Pollution Prevention Plan ( SWPPP) E. The Subdivider /Developer 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." The developer shall submit a Notice of Intent (NOI) to the City Engineers office as proof of permit application. F. The Subdivider /Developer shall also comply with NPDES objectives as outlined in the " Stormwater Pollution Control Guidelines for Construction Sites ". This handout is available at the City Engineer's office and a copy will be attached to the approved grading permit. IIMOR PRI_SERVICI TY SHAREICommunity DevelopmentlEveryonelDEVELOPMENT CONDITIONSVr5147 conditions A -B Properties.doc 0001614 Conditions of Approval Tentative Tract Map No. 5147 Page 17 Street Improvement Requirements: CED -26. The Developer shall verify that all street improvements are consistent with City policy and Ventura County road standards. Publicly dedicated streets shall conform to the design requirements of the Ventura County Road Standards (most recent revision). The Developer shall submit to the City for review and approval, street improvement plans prepared by a Registered Civil Engineer; and shall post sufficient surety guaranteeing the construction of the improvements. Street improvements and median and parkway landscaping shall not be accepted by the City for maintenance until completion, unless otherwise determined by the City Engineer. CED -27. The Developer shall apply for and pay required fees associated with a City encroachment permit. An encroachment permit is required for any work within the City Right of Way. CED -28. The street improvements shall include concrete curb and gutter, parkways, street lights, and signing, striping, interim striping and 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 Developer shall dedicate any additional right -of -way necessary to make all of the required improvements. CED -29. Perimeter Wall Prior to approval of the Final Map, the developer shall construct a wall to be located not closer than ten (10) feet to the northern property lines of the lots along the 118 Arterial Bypass and along the east side of the North -South Arterial Connection Street not closer than ten (10) feet to the property line. The design and location of the wall shall be incorporated into the landscape plan and is subject to the review and approval of the Director of Community Development. The height of the wall on the arterial roadway side shall be determined by the Director of Community Development and shall not exceed IIMOR— PRI— SERVIC/TY SHAREICommunity Development EveryoneOEVELOPMENT CONDITIONSW5147 condWons A -8 ProperWs.doc 00016: Conditions of Approval Tentative Tract Map No. 5147 Page 18 eight (8) feet. The wall shall be approved and constructed as part of the first phase of public street improvements. The applicant shall bond for the total cost of this improvement. CED -30. "A" Street shall be designed per Ventura County Standard Plate B -3D (REV. G). CED -31. "B" Street shall be designed per Ventura County Standard Plate B -3D (REV. G). The cul -de -sac at the western end of "B" street shall be designed per Ventura County Standard Plate C -3 with a modified 45 -foot pavement radius (REV. D). The temporary turn - around at the eastern end of "B" street shall be designed in conformance with the County Fire Department requirements. CED -32. "C" Street shall be designed per Ventura County Standard Plate B -3C (REV. G) and D -5. The following exceptions to the Standard Plate shall be incorporated in the design: (1) the sidewalk shall be 5 feet wide and placed adjacent to the curb. CED -33. The Paved Access Road, which runs from the Eastern property line easterly to Gabbert Road, shall be designed based on 32 feet wide asphaltic concrete pavement with curbs, where necessary, to provide positive drainage. Rolled curbs shall be used, where possible, to allow for emergency parking. All other stopping or parking shall be prohibited. The alignment shall approximate the current location of the unpaved access road. The City Engineer shall review and approve the final location, geometric alignment and all other design features of the conceptual and final design of the Paved Access Road. Due to the non- standard design of the paved access road, the Developer shall submit a hold harmless statement in favor of the City, language to be approved by the City (DA 6.21) . CED -34. Gabbert Road shall be designed to provide four (4) travel lanes and two eight (8) foot bike lanes per Ventura County Standard Plate B -3A (REV. G) from the IIMOR -PR/ SERVICITY SHAREICommunity DevelopmentlEver yone1DEVELOPMENT COND/TIONSW5147 conditions A -B Properties.doc 000166 Conditions of Approval Tentative Tract Map No. 5147 Page 19 south property limit of the Union Pacific Railroad for a minimum distance of 125 feet north of the north property limit of the Union Pacific Railroad. The following exceptions to the Standard Plate shall be incorporated in the design: (1) the sidewalks shall be 5 feet wide, (2) the parkway shall be 5 feet wide and placed between the edge of the sidewalk and the face of curb, (3) the total right of way width within and adjacent to the Union Pacific Railroad property shall be adjusted to accommodate a raised island with portland concrete curb (10 feet wide or less for installation of railroad signal poles and arms) , (4) the cross slopes on the pavement shall conform to the cross slopes of railroad crossing materials, and (5) a turning lane shall be provided to the paved access road (DA 6.19) . CED -35. The Developer shall be responsible for the proportionate share of the cost of installation of the traffic signal at Gabbert Road /Poindexter Avenue intersection based upon the number of trips generated by seventy percent (70 %) of the maximum allowed project building square footage if the permanent access to Los Angeles Avenue is not installed and the Gabbert Road /Poindexter Avenue intersection is in need of signalization because of the circulation impacts created by Specific Plan No. 1 (Hitch Ranch). CED -36. The portion of the Connector Road, which runs from the north side of Los Angeles Avenue northerly to a point approximately 600 feet north of the north property limits of the Union Pacific Railroad to connect to the 118 Arterial Bypass including an underpass under the railroad, shall be designed per Ventura County Standard Plate B -3A (REV. G) The following exceptions to the Standard Plate shall be incorporated into the design: (1) the total right of way shall be 100 feet, (2) the sidewalks shall be 5 feet wide and separated by a minimum five (5) foot parkway from the back of curb or as determined by the Director of Community Development and (3) the parkway shall be 18 feet wide from the face of curb to the right of way lines IIMOR- PRI-SERVICITY SHAREICommuno DevelopmenAEveryonelDEVELOPMENT CONDITIONSW5147 condRions A -B Proper ies.doc Conditions of Approval Tentative Tract Map No. 5147 Page 20 inclusive of the sidewalk on the east side of the street only. An additional ten (10) feet of landscaped parkway located on each individual lot shall be provided to create a total parkway landscaped are twenty eight (28) feet in width from the face of curb. Prior to grading, the Developer shall provide an irrevocable offer to dedicate right -of -way to the City for the north -south connector road. The right -of -way shall be 100' in width along the eastside of the VCFCD channel. The road alignment as shown on the Tentative Tract Map shall be modified as determined by the City Engineer to be located entirely within the City's boundary (DA 6.22). CED -37. The portion of the Connector Road, which runs from approximately 600 feet north of the north property limits of the Union Pacific Railroad to a point approximately 120 feet south of the north property line of the Developer's property, shall be irrevocably offered for dedication and designed as a level right of way or as determined by the City Engineer with sufficient slopes to accommodate future construction of an arterial street. CED -38. The northern 120 feet of the property shall be graded in conjunction with the property at the Developer's sole expense as a level right of way for future construction of the 118 Arterial Bypass. The Developer shall grade the right of way for the 118 Arterial Bypass and the portion of the Connector Road from 600 feet north of the Union Pacific Railroad to the south side of the 118 Arterial Bypass as directed by the City Engineer. Prior to grading, the Developer shall provide an irrevocable offer to dedicate right -of -way to the City for the future 118 Arterial Bypass. The right -of -way shall be 120 feet (1201) wide along the north side of the property. CED -39. The radius connection between the 118 Arterial Bypass and the North -South Connector Street shall be 200 feet and the area graded consistent with the grading required for the north /south arterial and the 118 Arterial right -of -way. IIMOR PRI—SERVICITY SHAREICommunity DevelopmentlEveryonelDEVELOPMENT CONDITIONSW5147 conddions A -8 Properties.doc 000166 Conditions of Approval Tentative Tract Map No. 5147 Page 21 CED -40. All curb returns on the streets to be improved shall be designed with 45 feet radii. CED -41. The Developer shall provide slope easements for road maintenance purposes only along all roads where the top of cut plus 5 feet or the toe of fill plus 5 feet is beyond the dedicated right -of -way. Said slope easements shall include the area covered by the cut slope plus 5 feet and fill slope plus 5 feet. CED -42. Street lights shall be provided on the improvement plans per Ventura County Standards and as approved by the City Engineer. CED -43. Above ground obstructions (utility cabinets, mailboxes, etc.) are to be placed within the right -of- way landscaping areas whenever possible. When above ground obstructions are to be placed within the sidewalk, a minimum five (5) foot clear sidewalk width must be provided around the obstruction. CED -44. Additional surety shall be provided for resurfacing and /or repair of the full width portion of Gabbert Road from Poindexter Avenue to the northerly limits of the transition work or as determined buy the City Engineer. The surety shall be used to secure the curb replacement and overlay or slurry of the street, as a result of damage from construction work or utility trenching. The City may require restoration of the street before occupancy of any building. Surety will be returned upon the City Engineer accepting the condition of the street. CED -45. The Developer shall offer to dedicate to the City for public use, all right -of -way easements for public streets. The offer to dedicate all streets in the project shall not be accepted until dedicated public access is provided. CED -46. In accordance with Business and Professions Code 8771 the street improvement plans shall, provide for a surveyors statement on the plans, certifying that all recorded monuments in the construction area have been located and tied out or will be protected in place IIMOR_PRI_SERVICITY SHAREICommunity DevelopmenAEveiyoneV)EVELOPMENT CONDITIONSW5147 conditions A -B Properties.doc Conditions of Approval Tentative Tract Map No. 5147 Page 22 during construction. CED -47. 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 applicant does not have title or interest sufficient for such purposes, the applicant shall do all of the following: a. Notify the City of Moorpark (hereinafter "City ") in writing that the applicant wishes the City to acquire an interest in the land which is sufficient for the purpose of constructing all required off site improvements. b. Supply the City with (I) a legal description of the interest to be acquired, (ii) a map or diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of Section 1250.310 of the Code of Civil procedure, (iii) a current appraisal report prepared by an appraiser approved by the City which expresses an opinion as to the fair market value of the interest to be acquired, and (iv) a current Litigation Guarantee Report. c. Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the applicant will pay all of the City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. CED -48. The Developer shall submit wall and landscaping plans showing that provisions have been made to provide for and maintain proper sight distances. CED -49. The Developer shall post sufficient surety guaranteeing completion of all improvements which revert to the City (i.e., grading, street improvements, storm drain improvements, landscaping, fencing, bridges, etc.) or which require removal (i.e., access ways, temporary debris basins, etc.) in a form acceptable to the City. The surety shall include provisions for all site improvements within IIMOR PRI_SERVICITY SHARBCommunily Development EveryoneOEVELOPMENT CONDITIONSW5147 conditions A -8 ProperWs.doc 000111` Conditions of Approval Tentative Tract Map No. 5147 Page 23 the development and other off -site improvements required by the conditions as described herein. CED -50. The Developer shall demonstrate legal access to all lots to the satisfaction of the City Engineer. Developer shall acquire and construct, at their sole cost, dedicated public access to the properties as approved by the City Council. Secondary access shall comply with the City and public safety requirements shall be provided at their sole cost consistent with provisions of the Development Agreement. The Developer shall dedicate to the City all rights of access to the North -South connector road and the 118 Arterial Bypass in order that the abutting property owners shall have no rights of access whatsoever to these designated rights -of -way. CED -51. Any special street intersection treatments shall be approved by the City Engineer and the Director of Community Development. CED -52. The Developer shall make a special contribution to the City representing the Developer's pro -rata share of the cost of improvements at the following intersections: New Los Angeles Avenue /Tierra Rejada Road($100,000) New Los Angeles Avenue /Moorpark Avenue ($165,000) New Los Angeles Avenue /Spring Road ($150,000) Poindexter Avenue /Moorpark Avenue ($120,000) The actual contribution (pro -rata share) shall be based upon the additional traffic added to the intersection. The Developer's traffic engineer shall provide the City Engineer an estimate of the projected numbers for calculation of the pro -rata share. CED -53. The Developer shall pay all energy costs associated with public street lighting for a period of one year from the acceptance of the street improvements. UTILITIES CED -54. Utilities, facilities and services for Tract 5147 will IIMOR_PRI_SERVICITY SHAREICommunity DevelopmentlEveryonelDEVEIOPMENT CONDITIONSVr5147 conditions A -B Properties.doc 0001' ;,i Conditions of Approval Tentative Tract Map No. 5147 Page 24 be extended and /or constructed in conjunction with its phased development by the developer as the project proceeds. Water & Sewer A. The developer will be responsible for the construction of all onsite and offsite sanitary sewer facilities to serve the project. The developer shall enter into an agreement with V.C.W.W. Dist. No. 1 to construct the improvements and the system will be dedicated to V.C.W.W. Dist. #1 for maintenance. B. Prior to recordation of a final map, the City, Calleguas Municipal Waterworks District and Ventura County Water Works District No. 1 shall approve final plans for water distribution. Either the subdivider shall construct the re- quired distribution facilities or enter into an agreement with the Calleguas Municipal Water Dis- trict and /or Ventura 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 V.C.W.W. District No. 1 standards. other Utilities: C. Provisions for electrical, natural gas, telephone and solid waste collection services and cable television shall be made prior to development of the project area. All services can be extended by each respective company to meet future demands of the tract. 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. CED -55. All existing and proposed utilities shall be placed underground as approved by the City Engineer. IIMOR_PRI_SERVICITY SHAREICommunity DevelopmentlEveryonelDEVELOPMENT CONDITIONSW5147 conditions A -B Properties.doc 0 (110 Conditions of Approval Tentative Tract Map No. 5147 Page 25 CED -56. Surety for Utilities Prior to approval of a final map, the subdivider shall post sufficient surety to assure that all proposed utility lines 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 KVA 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 roads of the site. All utility lines either existing or proposed that must connect across Los Angeles Avenue to provide service to this site shall be placed underground via an underground conduit. CED -57. The Developer shall offer to dedicate to the City public service easements as required by the City. Where gated access is provided, the applicant shall provide a means for immediate access of fire and police emergency vehicles. A. The applicant shall make an irrevocable dedication on the Final Map of easements to the City over all private streets shown on the Tentative Map for the purpose of providing access to: a) all governmental agencies that provide public safety, health and welfare services or that enforce laws and ordinances; and b) all members of the public who reasonably need to be vacated over the private streets because of a state of emergency declared by a representative of the City or of the Ventura County Fire Protection District. CED -58. Prior to submittal of the Final Map to the City for review and prior to approval, the Developer shall transmit by certified mail a copy of the conditionally approved Tentative Map together with a copy of Section 66436 of the State Subdivision Map Act to each public entity or public utility that is an easement holder of record. Written compliance shall be submitted to the City . INOR PRI SERVICITY SHAREICommunily DevelopmentlEveryonelDEVELOPMENT CONDITIONSItr5147 conditions A -8 Properties.doc Conditions of Approval Tentative Tract Map No. 5147 Page 26 PRIOR TO ISSUANCE OF A ZONE CLEARANCE FOR GRADING, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: CED -59. All conditions required prior to Final Map Approval shall be complied with. CED -60. All structures and walls in excess of 6 feet in height require Planning Department approval. CED -61. Prior to the issuance of any grading permit, the Developer shall submit a Storm Water Pollution Control Plan (SWPCP), on the form provided by the City for the review and approval of the City Engineer. CED -62. The Developer shall prepare a master agreement among all owners of commercial and manufacturing developments within the tentative map boundary which shall provide for a Slope Maintenance Program designed to ensure that risks of slope failure are minimized. This slope maintenance program shall address recommendations contained in the project geotechnical report. The Slope Maintenance Program document shall be reviewed and approved by the City Geologist, City Engineer and Director of Community Development prior to issuance of permits for rough grading. DURING GRADING, THE FOLLOWING CONDITIONS SHALL APPLY: CED -63. Grading may occur during the rainy season from October 15 to April 15 subject to installation of debris and erosion control facilities. Erosion control measures shall be in place and functional between October 15th and April 15th. CED -64. Prior to any work being conducted within the State, County, or City right of way, the Developer shall obtain all necessary encroachment permits from the appropriate Agencies. CED -65. During clearing, grading, earth moving or excavation operations, dust emissions should be controlled by regular watering with reclaimed water, if available, paving construction roads and other dust prevention measures. The Developer shall submit a dust control plan, acceptable to the city, concurrently with submittal of the rough (as opposed to the fine) 1 UNOR_PRI- SERVICITY SHAREIC&=uniy DevekpmenREveryoneOEVEIOPMENT CONDMONSW5147 conditions A -B Properties.doc 00011. "--k Conditions of Approval Tentative Tract Map No. 5147 Page 27 grading plan. This plan shall include, but is not be limited to the following measures: A. Water all site access roads and material excavated or graded on or off -site to prevent excessive amounts of dust. Watering shall occur a minimum of at least two times daily, preferably in the late morning and after the completion of work for the day. Additional watering for dust control shall occur as directed by the City. The Dust Control Plan shall indicate the number of water trucks which will be available for dust control at each phase of grading. B. Cease all clearing, grading, earth moving, or excavation operations during periods of high winds (greater than 15 mph averaged over one hour) . The contractor shall maintain contact with the Air Pollution Control District (APCD) meteorologist for current information about average wind speeds. C. Water or securely cover all material transported off -site and on -site to prevent excessive amounts of dust. D. Minimize the area disturbed at any one time by clearing, grading, earth moving and excavation so as to prevent excessive amounts of dust. E. Keep all grading and construction equipment on or near the site, until these activities are completed. F. Facemasks shall be used by all employees involved in grading or excavation operations during dry periods to reduce inhalation of dust that may contain the San Joaquin Valley Fever causing fungus. G. on -site vehicle speed shall be limited to 15 mph. All areas experiencing vehicle traffic (e.g. parking areas, dirt roads linking different construction areas, etc.) shall be watered periodically. IMOR_PRI_SERVICITY SNAREICommunity DevelopmenflEveryonelDEVELOPMENT CONDITIONSW5147 conditions A -B Properties.doc 00017:1 Conditions of Approval Tentative Tract Map No. 5147 Page 28 H. Wash off heavy -duty construction vehicles before they leave the site. CED -66. After clearing, grading, earth moving, or excavation operations, and during construction activities, fugitive dust emissions should be controlled using the following procedures: A. Apply non - hazardous 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. B. 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. CED -67. All diesel engines used in construction equipment should use high pressure injectors and reformulated diesel fuel. CED -68. During smog season (May- October) the City shall order that construction cease during Stage III alerts to minimize the number of vehicles and equipment operat- ing, lower ozone levels and protect equipment opera- tors from excessive smog levels. The City, at its discretion, may also limit construction during Stage II alerts. CED -69. During site preparation and construction, construct temporary storm water diversion structures per City standards. CED -70. Construction activities including construction traffic shall be limited to between the following hours: a) 7:00 a.m. and 7:00 p.m. Monday through Friday, and b) 9:00 a.m. to 6:00 p.m. Saturday. Construction work on Saturdays will require payment of a premium for City inspection services, and may be further restricted or prohibited should the City IIMOR -PRI- SERVILITY SHAREICommunify Development EveryonelDEVELOPMENT CONDITIONSW5147 conditions A -B ProperVes.doc 6 k o 176 Conditions of Approval Tentative Tract Map No. 5147 Page 29 receive complaints from adjacent property owners. No construction work is to be done on Sundays, pursuant to Section 15.26.010 of the Municipal Code. CED -71. All construction traffic shall use the existing "Farm road" to Los Angeles Avenue. Construction traffic is prohibited from entering and exiting the site from either Poindexter Avenue or Gabbert Road, unless otherwise authorized in writing by the City. In the event construction traffic is unable to gain access to Los Angeles Avenue via the "farm road crossing" and written authorization is granted by the City to obtain access to Los Angeles Avenue via Gabbert Road, the construction traffic hours shall be coordinated so as to not coincide with peak traffic hours at the Poindexter / Gabbert Road and Gabbert Avenue /Los Angeles Avenue intersections which should include coordination with the Moorpark Unified School District because of the nearby Chaparral Middle School. CED -72. All import /export activities from the site, in excess of 100 cubic yards, shall require prior City approval and issuance of an encroachment permit. All requests for over 100 cubic yards of import /export must be made in writing to the City Engineer. CED -73. Truck noise from hauling operations shall be minimized through establishing hauling routes which avoid resi- dential areas and requiring that "Exhaust Brakes" not be used along the haul route within the City. The hauling route must be identified as part of the grading plan and be approved by the City Engineer. CED -74. The Subdivider /Developer shall ensure that construc- tion equipment is fitted with modern sound - reduction equipment. CED -75. Equipment not in use for more than ten minutes should be turned off. CED -76. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County IIMOR_PRl_SERVICITY SHARE1Community DeveloprmntlEveryonelDEVELOPMENT CONDMONSltr5147 condRions A -B Properties.doc 0 x.1011 ". `; Conditions of Approval Tentative Tract Map No. 5147 Page 30 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. CED -77. When in the opinion of the Public Works or Building Inspector an attractive nuisance exists, the Subdivider /Developer 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. CED -78. Equipment engines shall be maintained in good condition and in proper tune as set forth in manufacturers' specifications. CED -79. Upon completion of rough grading, an as- graded geotechnical report, documenting site grading and fill placement, should be prepared by the project geotechnical engineer and submitted to the City. The report shall include results of all fill density testing and in- grading expansion index, shear strength and R -value testing, and a map depicting the limits of grading, density test locations, removal area locations and bottom elevations, subdrain locations and flow line elevations, and geologic conditions exposed during grading. CED -80. An As- Graded geotechnical report and rough grading certification shall be submitted to and approved by the City Engineer and Geotechnical Engineer. CED -81. Prior to issuance of a building permit for any portion of the property that exceeds forty percent (40 %) of the acreage of the total of all lots created by the recordation of the first final map, City approval for the final design plans of the North -South Connector Street to the 118 arterial bypass and a financing plan as described Section 6.22 of the Development Agreement. 1VOR PR!_ SER1ACITYSHARE1CommunityDew16pmenAEveryonelDEVELOPMENTCONDI TI ONSW5147cond4ionsA- BProperties.doc 0 0t17 C9 Conditions of Approval Tentative Tract Map No. 5147 Page 31 CED -82. Prior to issuance of a building permit for any portion of the property that exceeds seventy percent (70 %) of the net acreage of the total of all lots, Developer shall cause to be constructed the North -South Connector Street to 118 bypass described in Section 6.22 of the Development Agreement. CED -83. A copy of the recorded Map(s) shall be forwarded to the City Engineer for filing. CED -84. The Developer shall pay all County Fees related to the Computer Aided Mapping System (CAMS) and shall provide the City Engineer's office with receipts or other documentation as proof of payment. CED -85. A final grading certification shall be submitted to and approved by the City Engineer. CED -86. All existing and proposed utilities shall be placed underground as approved by the City Engineer. CED -87. If directed by the City, the Developer shall have repaired, overlayed or slurried that portion of Gabbert Road affected by this development. The repairs, curb replacement, parkways, sidewalks, and overlay or slurry of the street, as a result of damage from construction work or utility trenching shall be along the entire length of the project including transitions unless otherwise approved and shall be completed to the satisfaction of the City Engineer. CED -88. The Developer shall execute a covenant running with the land on the behalf of itself and its successors, heirs, and assigns agreeing to participate in the formation of an assessment district and, if successful, to fund assessment levies for the purpose of maintenance of street lighting, parkway and median landscaping, parks and other public facilities. Prior to the issuance of a Zoning Clearance for Occupancy, the construction of all conditioned improvements with the exception of the 118 Arterial Bypass and the North -South Connector Road shall be completed to the satisfaction of the City Engineer, except that permits may be issued for up to 7096 of the net lot acreage NNOR PRI- SERVICITY SHARE)Community Developm dEveryone0EVELOPMENT CONDITIONSW5141 conditions A -B Pioperties.doo 00011_V;19 Conditions of Approval Tentative Tract Map No. 5147 Page 32 approved for development. CED -89. PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: A. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. B. The Subdivider /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. C. All surety guaranteeing the public improvements shall remain in place for one year following acceptance by the City. Any surety that is 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. D. 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 3611, they must be resubmitted as "as builds" in a series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as builds" plans is required before a final inspection will be scheduled. The developer shall pay a pro -rata share, as determined by the City, for construction of the improvements identified in the Gabbert and Walnut Canyon Channels Deficiency Study. Developer shall be solely responsible for the cost and construction of any interim channel improvements that WOR_PRI_SEROCITY SHAREICommunity DevelopmentlEveryonelDEVELOPMENT CONDMONSItr5147 conditions A -B Properties.dw 0010Vtlu Conditions of Approval Tentative Tract Map No. 5147 Page 33 may be necessary to facilitate any new use or development of the property (DA 6.13) . COUNTY OF VENTURA ENVIRONMENTAL HEALTH DIVISION: EHD -1. All water impoundment(s) shall be maintained in a manner which will not create mosquito breeding sources. VENTURA COUNTY WATERWORKS DISTRICT NO. 1: CWD -1. District shall approve the water and sewer improvement plans after all the following items are completed: A. District annexation documents (refer to the water and sewer availability letter dated June 8, 1998) . B. Water and sewer improvement plans prepared in accordance with District standards. Sample format is available at the District upon request. C. Hydraulic analyses by a registered Civil Engineer to determine the adequacy of the proposed and existing water lines, storage facilities and sewer lines. D. Copy of the approved County of Ventura Fire Prevention District on the location of the fire hydrants. E. Sealed copy of "Memorandum of Understanding" and "Proof of Payment of the Capital Construction Charge" from Calleguas Municipal Water District. F. Cost estimates for water and sewer improvements. G. Payment for the following fees: Annexation, plan check, construction inspection, capital improvement charge, sewer connection fee and water meter charge. H. Grading, drainage and street improvement plans. I. Tract Map showing water and sewer easements dedicated to the District. J. Signed Contract to I, and Surety Bond. IIMOR_PRI- SERVICITY SHAREICommunity DevelopmentlEveryonel DEVELOPMENT CONDITIONSItr5147 condtns A -8 Properties.doc 00ail18�t Conditions of Approval Tentative Tract Map No. 5147 Page 34 K. The applicant shall comply with the applicable provisions of the District Rules and Regulations. VENTURA COUNTY AIR POLLUTION CONTROL DISTRICT CONDITIONS APC -1. All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds (i.e. greater than 15 miles per hour averaged over one hour) to prevent excessive amounts of fugitive dust. APC -2. All trucks that will haul excavated or graded material off site shall comply with State Vehicle Code Section 23114, with special attention to Section 23114 (b) (F) , (e) (2) and (e) (4) as amended, regarding the prevention of such material spilling onto public streets and roads. APC -3. All unpaved on -site roads shall be periodically watered or treated with environmentally -safe dust suppressants to prevent excessive amounts of dust. APC -4. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive amounts of fugitive dust. APC -5. All active portions of the site shall be either periodically watered or treated with environmentally - safe dust suppressants to prevent excessive amounts of dust. APC -6. On -site vehicle speeds shall not exceed 15 miles per hour. APC -7. Equipment engines shall be maintained in good condition and in proper tune as per manufacturer's specifications. VENTURA COUNTY FIRE DISTRICT CONDITIONS VFD -1. Where two way traffic and on- street parallel parking on both sides occur, a 36 foot street width shall be provided. VFD -2. Access roads shall not exceed 15% grade. VFD -3. All driveways and roads shall have a minimum vertical clearance of 13 feet 6 inches (131611). IIMOR PR! SERVICITY SHAREICommunify Development EveryoneWEVELOPMENT CONDITIONSW5147 con0ions A -B Properties.doc Conditions of Approval Tentative Tract Map No. 5147 Page 35 VFD -4. All approved turnaround areas or easements for fire apparatus shall be provided where the access road is 150 feet or farther from the main thoroughfare. VFD -5. Two points of access, one of which may be for emergency use only shall be provided for this project (This condition reworded by Planning Department staff) VFD -6. An emergency access shall be provided and shall have an all weather surface meeting Fire District standards for width, grade length, and curve radii. This improvement shall be made to connect this project or any phase thereof to Los Angeles Avenue. Indicate on a site plan the connection to Los Angeles Avenue. VFD -7. Gates used to control vehicle access shall be designed as required by the Fire Department Gate Guidelines. Design criteria includes, stacking method of gate control, clear widths, and knox box systems for secured gates. Gate plans shall be submitted to the Fire Prevention Division for review and approval prior to map recordation. VFD -8. Prior to recordation, street names shall be submitted to the Fire District's Communications Center for review VFD -9. Street name signs shall be installed in conjunction with the road improvements. The type of sign shall be in accordance with the City Road Standards. VFD -10. Prior to combustible construction, all weather access road /driveway suitable for use by a 20 ton Fire District vehicle shall be installed. VFD -12. VFD -16. Prior to construction, the Applicant shall submit plans to the Fire District for approval of the location of hydrants, and show existing hydrants within 300 feet of the development. VFD -13. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Moorpark Water Works Manual. VFD -14. Each hydrant shall be a 6 -inch wet barrel design and shall have (1) 4 inch and (2) 2 1/2 inch outlet(s). M4OR_PRI SERVILITY SHAREIConnundy DeveloprmnlfEveryonel DEVELOPMENT CONDITIONSW5147 conditions A -B Properties.doc Conditions of Approval Tentative Tract Map No. 5147 Page 36 VFD -15. The required fire flow shall be achieved at no less than 20 -psi residual pressure. VFD -16. 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. VFD -17. Fire hydrants shall be set back in from the curb face 24 inches on center. IWOR_PRI_SERVICITY SHARBCommunity DevelopmenMveryonelDEVELOPMENT CONDMONSW5147 conditions A -8 Properties.doc 0(10184 February 29, 2000 FEB 2 9 2000 ' City of Moorpark Community Development Mr. John Whitman, City Traffic Engineer CITY OF MOORPARK 18 High Street Moorpark, CA 93021 Transportation & Traffic Engineering Consultant RE: Gabbert/Poindexter Traffic Signal Warrant Analysis Dear John, As a result of our meeting middt y Friday, February 25, 2000, 6With Wayne Loftus and John Newton, I have prepared thefollowing analysis of the need for traffic signal or three -way stop sign control at the'T' intersection of Gabbert Road and Poindexter Avenue for the "existing plus site traffic" traffic condition scenario. In general, 1 have concluded that no change in the existing stop sign control for westbound traffic on Poindexter Avenue would be warranted in the near term future when the A -B Properties development (T.T. 5147) is completed and fully operation6l. The data used in this analysis Was obtained from my traffic impact study for the proposed Gabbert Road industrial park dated July 21, 1999; specifically, the existing peak hour traffic volumes at this intersection! (Figure 2) and the estimated site traffic demands (Figure 3 -A). Copies of these traffic volume figures are included in the report Appendix. The intersection of Gabbert Road and Poindexter Avenue now has stop sign control for westbound traffic on Poindexter Avenue with all three approaches striped for one lane with the exception of northbound Gabbert Road, which also has a separate "free- flowing" right turn lane. Since actual traffic volumes cannot be provided for this theoretical "existing plus site traffic" condition, the "estimated averabe daily traffic" traffic signal warrant contained in ;1153 Mooring Walk • 4 l ATTACHMENT It it i ALTRA S TRAFFIC MANUAL was usLd for this analysis. For study purposes, the rural ' traffic volume requirements were used1with one approach lane in all three directions at i this location since the northbound to eastbound free flowing right turn lane traffic demand would have no impact on the need for iadditional right of way control. The results of this warrant analysis indicate that traffic'signal control would not be necessary at this intersection in the near term future. the traffic volume worksheet and warrant sheets supporting this conclusion are contained in the report Appendix. The CALTRANS warrants for mu�lti -way stop sign control require a minimum of 500 Vehicle Trips Per Hour (VPH) approaching the intersection in all directions for the highest eight traffic volume hours of the day with a minimum of 200 VPH for the same eight hour period on the minor street approach. For the estimated existing plus site traffic volume condition at Gabbert Road and Poindexter Avenue this warrant would probably only be met for two hours on a typical weekday withO the northbound to eastbound free flow right turn traffic demand. i In summary, the intersection of Gabbert Road and Poindexter Avenue would not 4 meet any of the accepted warrants for ai higher level of right of way control in the near term Sfuture. As t indicated in my previous tratlflc signal warrant study dated November 20, 1999, at total future design year (2010) traffi� demand levels with the State Route 118 by -pass completed, daily traffic demands at this intersection would meet the "interruption of continuous traffic" warrant based on th4 conservative assumptions that no discount would be allowed for northbound or westbo�nd right turn traffic demands. In that study, I also concluded that it would not be appropriate to require the installation of traffic signals for the long term future traffic condition situation. Though near term future daily traffic demands on the approaches to this 'T'intersection fall well below the minimum three -way i; stop sign volume warrant levels, traffic demands westbound on Poindexter Avenue would �? be almost equal to through northbound bIus southbound approach traffic demands (without i, the northbound right turn traffic volumes); 46 percent to 54 percent. Therefore, if it is deemed appropriate to upgrade the intersection traffic control at this location to some extent, three -way stop signs may be appropriate. My recommendation would be tc 2 i' 0001,$�Gy ki E Y� Ii a' �t i. I. k r; p. is i; Y' 4 1 Y e d° i; I maintain the existing westbound stoi sign control essentially as is and to upgrade the i striping on Gabbert Road south of Poi dexter Avenue for northbound traffic to provide a more standard through lane plus freelflowing right turn only lane design. I feel that this modification should provide a reasonably safe and efficient operation of the subject "T" intersection in the foreseeable future. ; Very truly yours, THOMAS S. MONTGOMERY, P.E. f Thomas S. Montgomery TSM:Ilm i cc: John Newton Proiect No 980503-H I I i 3 0001' �►.4 8 d ART /Q�. oil ~ w Z.A. 7! /r f To i4 vff 7 71 /P /T `wq 7ir-R R A Rar ✓A DA Q a No Scale LEGEND �- 00100 AMIPM PEAK HOUR TRAFFIC VOLUMES C C' fCN�^ ,� s /•�.� /s7 Jr. �4 A -2 41110-r 7 71,. -0 t r 7 r .2 17o -I MooA^4Ax A✓A: THOMAS S. MONTGOMERY, P.E. Tronsportstion & Traffic Er4news 1153 Mooring walk, Oxnard, calirorris SW30 t9%j 483-9"3 ` 4 tvix '\tr r/ IV f 1w —+ 1 SP,ej1'Wc Rd. EXISTING PEAK HOUR TRAFFIC VOLUMES \� S ic< <poi•vderx7Ar -4 i �► A vi; N �►.4 8 d ART /Q�. oil ~ w Z.A. 7! /r f To i4 vff 7 71 /P /T `wq 7ir-R R A Rar ✓A DA Q a No Scale LEGEND �- 00100 AMIPM PEAK HOUR TRAFFIC VOLUMES C C' fCN�^ ,� s /•�.� /s7 Jr. �4 A -2 41110-r 7 71,. -0 t r 7 r .2 17o -I MooA^4Ax A✓A: THOMAS S. MONTGOMERY, P.E. Tronsportstion & Traffic Er4news 1153 Mooring walk, Oxnard, calirorris SW30 t9%j 483-9"3 ` 4 tvix '\tr r/ IV f 1w —+ 1 SP,ej1'Wc Rd. EXISTING PEAK HOUR TRAFFIC VOLUMES G Cb 7 No Scale 0#tAwr#aa&0s02 os.H r - 1 STUD; S/ rE i - — — G.4Bg.F-R r RD. Tx'RRA REJAPA RD. 3—A LEGEND 001DO AMIPM PEAL( HOUR TRAFM VOLUMES aDAILY TRAFF)C VOLUMES THOMAS S. MONTGOMERY. P.E. Transportation & Traffic Engineers 1153 Meorinq Waik, Oxnard, California 93030 (8%) 43 -9393 SITE TRAFFIC DEMANDS (W/EXISTING STREET SYSTEMS) o -- - . •I, ,—,,. %.it c.c- -+ QOO h)73-- (ry YaxvL�r W ,>a ;PR Aqt- `lw-x) o2. AD75� L�'t - �"'' ltNt Y1is -rig✓Z 7r� �',�7�7�it� ,T' i Traffic kkintiti TRAFFIC tMALS AND UGHTING I� atss, . Figure 9-4 T.RgFFItSICNAL WARRANTS 6-v,2 � �b *4 zw- zrjwt- Ave. mot. rte~ i � �X �lJ'r /� � �si'l'g / "ic- fN°f'� �rLO..�b /T10�,' w� /qua ✓ `,✓ �vOL v� � (Bas*d on Eatlmste� Awrne Daily Treftic - 8H Not* 2) URELAN ..... ........................ RURAL ..•........... ........ MWmown Regvironwts EADT 1. Minimum Vehicular Satisfied riot Satisfied Wr ir-W W day on major tttrraat ttotal a both sP�+rosct+es) whiCtas pK dey o^ vdume n,InoMtrest .ppro.oh ton. alnotlort atM Number of lanes for moving lratfiC On each apprpach Major Street Minor Strsot t ....... .........rQ.. • ... , ...............w1,..rQ........ Urban Rural 8A00 �i� Urban Rur 2x400 1�dLJ 2 or more .... ................... t ......... ............................... tilA00 6.720 2,400 1AW 2 or more ........................ 2 or two ........................... SAM 6,720 9200 2.240 t ....... ............ • ... • . 2 or more ........................... e.= SAM 9.200 2,240 2. Interruption of Continvov= Traffic t/ Satistied _ Not Satisfied Vehicles per day on major Sovot MW of both Vrhlcles per day on Ngtw- wtow m1nor4j*0 approah APPM6*49i (one dir.otbn MM Numbers of Lane& for awing traffic on arch approach Major Strew Minor Street 1 .. •... • . ...... Ot. JI Q ..... 1 ... ........a?l..J'��' .............. UrMn Rural 12,000 I&M71 Urban RuW 1.200 M7 2 or more . • ..................... 1 ...... ............................... 14,400 t0,i0b0 1,200 860 2 or more ...... • . ................. 2 or mono ........................... 14x M 101x.160 1,800 1,120 t ...... .. ......................... 2 or more ........................... 12,000 SAW 100 1,124 a Comb+nation SatisfieC _ Not Satisfied _. . _. 2 Warrants 2 ftffa is No one warrant satisfied, but following warrants: 804 or more .................... 30 t 2 NOTE: I. Heavier Nn turn mowment trwn the moor sbr vt n" be 4xkWed with mbar stt et voWm4 If a Mpoift WprW ONO to to be pr"hlled for the left -turn movert,ent. 2. To be used only for NEW INTEMCTIONS or other Iocatlorm when wbial troft voWnwe "mot be ooutl64, n 0 Traffic Illtanual TRAFFIC SIGNALS AND LIGHTING Figure 9-4 TRAFFIC SIGNAL WARRANT %�"Arz� ?-'ei w/ /v31W 7-'- (Based on Estimated Average Deily Traffic - See Note 2) URBAN............................... RURAL .......... .......... 1. Minimum Vehicular Satisfied Not Satisfied Number of lanes for moving traffic on each approach Major Street Minor Street ....................Q....... 1 ................. i /.,5..'0........... 2 or more ........................... 1 .......... ..........;.................... 2 or more ........................... 2 or more .......................... 1 .......... ............................... 2 or more ........................... 2. Interruption of Continuous Traffic Minimum Requirements EACT Vehicles per day on major street (total of both approach") Urban Rural SPOO Rural 9,600 6.720 4,800 6,720 8X0 5,900 Satisfied Not Satisfied YehkJas pw `ay on mapr j Street (WW a both Nurnberg of lanes for moving traffic on each approach le+tejor Strwat Minor Street Urban Rural 1 .................... ..... 1.... ......... ............... 12 000 R�J 2 or more ........................... 1 .......... ............................... 14,400 low 2 or more ........................... 2 or more ........................... 14.400 10080 1 ....... ............................... 2 or more ... ;............ ...... 12.000 000 3, Combination Satisfied Not Satisfied - 4' 2 Warrama No one warrant satisfied, but foilowin riants Mill 80% or more .................... 2 0-a- t• ow Vehicles per day on Now. volume minor.MnW approach I (one dlfection only) Urban Rural 2,400 Vi 2,400 3.200 2.240 3,200 2,240 4bhkiee per day on h"f vdume minor•atrtet approach i (one dirWion only) Urban Rural , 1,200 �,�,'0 1.200 650 1,600 1.120. 1,600 1,120 2 Warrants NOTE! 1. Heavier left turn momment from the r stn3et may be included with minor stmt volume tf a aspsrwis 09rW pheee, Is to be provided for tha left -turn m=nt. 2. To be used only for NEW INTERSECTONS or other locations where actual traffic volumes cannot tw counted. Ciui,192 RECEIVED MAR 0 7 2000 MEMORANDUM City of Moorpark Community Development TO: Wayne Loftus, Director of Community evelop ent FROM: John Whitman, City Traffic Engineer DATE: March b, 2000 SUBJECT: A B Properties, Review of Additional Traffic Analysis for the Intersection of Gabbert Road/Poindexter Avenue During our February 25, 2000 meeting with representatives of the owners of the subject property, I agreed to review additional traffic analysis of the subject intersection and provide comments to you. Mr. Tom Montgomery, the owners' traffic engineer provided additional analysis of traffic at the intersection that I have reviewed. Mr. Montgomery's analysis was based on build -out of the subject property. His analysis showed that a traffic signal is not warranted if northbound right turning vehicles are not included in the analysis (recognizing that free right turns do not impact the intersection to the same degree as vehicles passing through the intersection). When Mr. Montgomery counted northbound right turning vehicles he stated that a signal was not warranted. I reanalyzed his data and the data indicated to me that a traffic signal would be warranted. My previous review and analysis also assumed build -out of the industrial property with all site traffic (2250 vehicles /day) using the access to Gabbert Road. As you pointed out, the development agreement says that no street improvements on Gabbert Road are required of the developer until 40 % build -out. That agreement also limits the traffic using Gabbert Road from the subject property to 70 % of build -out or 1575 vehicles /day. When the traffic generated by the subject property is added to existing traffic of approximately 410 vehicles /day the total traffic permitted on Gabbert Road would be 1985 vehicles /day or approximately 179 vehicle/hour for the peak hour. The traffic volumes resulting from the 70 % limitation are significantly below traffic volumes projected at build -out. The projected traffic at the intersection with 70 % build - out of A B Properties does not meet traffic signal warrants. Of course, if A B Properties were to build to 70 % of build -out and stop, the next development project that increased traffic at the intersection would probably cause the intersection to meet traffic signal warrants. As I mentioned at the meeting and at the Planning Commission, I am concerned that the introduction of a heavier traffic volume southbound on Gabbert Road is a changed situation that drivers may not readily recognize, especially with the existence of the railroad tracks in such close proximity to the intersection. Because of my concerns, I also checked multiway stop sign ATTACHMENT 11 5 it ob`'19`' warrants for the 70 % build -out traffic and the intersection does not meet those warrants. An action that could be taken to respond to the increased traffic on Gabbert Road (that does not violate traffic warrants) would be to change the stop requirement as follows: 1. Remove the existing stop sign on Poindexter Drive, and 2. Place 2 new stop signs on Gabbert Road for both southbound and northbound through traffic movements (the stop sign for the northbound through movement probably should be placed in a raised island). If the City chooses to take that action, the striping pattern on Gabbert Road south of the intersection should be modified to make a much longer transition for the northbound traffic lane. This change in signing and striping would allow continuous movement for the northbound right turn and the west to southbound traffic flows. cc: Dirk Lovett, Assistant City Engineer Ken Gilbert, Director of Public Works Proj. # 85.395 Chron. 00(0i94