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HomeMy WebLinkAboutAGENDA REPORT 2000 0802 CC REG ITEM 09AMOORPARK CITY COUNCIL AGENDA REPORT TTEM '?. A,... To: Honorable City Council From: Wayne Loftus, Community Development Director,4%� Date: July 27, 2000 (Cc Meeting Of 8/2/2000) Subject: Consider Approval of Tentative Tract Map No. 5045 to Divide 445 Acres into 460 single Family Residential Lots and One 8.5 Acre Lot for Future Development of 102 Attached Residential units, and Other Miscellaneous Lots Required by specific Plan No. 2. Applicant: Morrison - Fountainwood- Agoura (Continued from July 19, 2000, meeting with Public Hearing Open) Background This proposed tract map, part Df the implementation of Specific Plan No. 2 was discussed in a public hearing at the City Council meeting of July 19, 2000, and continued to this date to allow staff to finalize the Council resolution and provide conditions as needed based upon Council direction. The attached resolution responds to a number of issues discussed by Council on July 19, or deficiencies in condition language noted at the meeting or since. Most of the condition changes are minor in nature, relating to typing or language errors. No new conditions result in a financial commitment beyond the direction by City Council that the location of Homeowner's Association, recreation facilities be shown on the final map as a common area lot. Private recreation areas are required to serve Planning Areas 2, 3, and 4 with an Open space lot to be designated in each Planning Area for this purpose. Additionally, a separate Homeowner's Association for each neighborhood area was discussed, although there may be an opportunity to link several Planning Areas into one Association. A condition has been included to address this issue. Final details of the location, type of recreation facilities and governance by a Homeowner's Association will be determined by the Residential Planned Development Permit, which requires City Council approval prior to recordation of any phase of Final Tract Map. IIMOR PR( SERVICRY SharelCommunity DevelopmeneEvervonelCity Council Agenda Reportskc000802 SP2 staff mportdoc: Created on 07/27/00 4.17 PM 000001 Honorable City Council TTM No. 5045 July 27, 2000 Page 2 Concern regarding contour grading has been addressed by a condition and other issues such as provision of an optical disc or condition compliance fee have also been included. The issue of Senior Housing has not been addressed by added conditions based upon advise received from the City Attorney that it would be inappropriate to do so because of the previously approved Development Agreement, which did not address Senior Housing. The last major change to the attached resolution involves the incorporation of.all of the developer commitments concerning this project that are found in the approved Development Agreement (DA 98- 01). Changes to the resolution are provided in legislative format. Staff Recommendations: 1. Accept public testimony and close the public hearing. 2. Concur in the use of EIR SCH- 96041030 as providing environmental assessment for this project; 3. Adopt Resolution No. 2000- approving Tentative Tract Map No. 5045, subject to the conditions of approval. Attachment: City Council Resolution 11 MOR_PRI_SEMACity SharKommuniry Development\Everyone4City Council Agenda Reportslcc-000802 SP2 staff reportdoc Created on 07/27/00 4:17 PM 0 00002 RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 5045 ON THE APPLICATION OF MORRI SON- FOUNTAINWOOD- AGOURA FOR THE SUBDIVISION OF 445 GROSS ACRES OF LAND LOCATED SOUTHERLY OF BROADWAY, EASTERLY OF WALNUT CANYON ROAD, WESTERLY OF HAPPY CAMP CANYON REGIONAL PARK, NORTHERLY OF CHARLES STREET ALONG THE EXTENSION OF SPRING ROAD FOR UP TO 460 SINGLE FAMILY RESIDENTIAL LOTS AND ONE 8.5 ACRE LOT FOR FUTURE DEVELOPMENT OF 102 ATTACHED RESIDENTIAL UNITS, AND OTHER MISCELLANEOUS LOTS REQUIRED BY SPECIFIC PLAN NO. 2, AND RESERVATIONS FOR THE EXTENSION OF SR -23 AND SR -118 ARTERIAL BYPASS WHEREAS, at a duly noticed public hearing on July 19, and August 2, 2000, the City Council held a Public Hearing to consider the approval of Tentative Tract Map No. 5045 on the application of Morrison- Fountainwood- Agoura for the subdivision of 445 gross acres of land located southerly of Broadway, easterly of Walnut Canyon Road, westerly of Happy Camp Canyon Regional Park, northerly of Charles Street along the extension of Spring Road into 460 detached single family residential lots, one parcel for the development of up to 102 attached dwelling units, one (1) 7 acre public park, one (1) twenty -two (22) acre public school site, sixty -nine (69)acres of private open space, one hundred one (101)acres for habitat conservation, and reservations for the extension of SR -23 and SR -118 arterial bypass. (APN 500 - 240 -035, 500 - 240 -045, 500- 270 -075, 500 - 270 -085, 500 - 270 -195, 500 - 270 -205, 512 - 160 -125, 512- 160 -525, 512 - 160 -545, 512 - 160 -555, & 512 - 160 - 705.); and WHEREAS, at its meeting of July 19, 2000, the City Council opened the public hearing, received public testimony, and closed the public hearing; and continued this item to August 2, 2000 WHEREAS, Section 15182 of the Guidelines to Implement the California Environmental Quality Act permits agencies to approve residential projects where an EIR has been prepared for a Specific Plan; and WHEREAS, the City Council of the City of Moorpark did adopt Resolution 99 -1588 certifying EIR -SCH- 96041030 which provides an S: \Community Development \Everyone \Resolutions and Conditions \cc -SP2 reso.doc 000003 Resolution No. 2000 - Page No. 2 evaluation and mitigation measures for the Moorpark Highlands Specific Plan (SP- 95 -2); 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. That the City Council does hereby find that Tract 5045 is consistent with the City's General Plan. SECTION 2. That the City Council further finds that Tentative Tract 5045 is consistent with Specific Plan No. 2, Moorpark Highlands, and Ordinance 262. SECTION 3. That the City Council adopts the following additional findings: C.E.Q.A. Findings 1. That EIR SCH- 96041030 adopted and certified by City Council Resolution 99 -1588 for Specific Plan No.2 and its ancillary applications serves as the environmental document for Tentative Tract 5045 as permitted by Section 15182 of the Guidelines to implement CEQA as adopted by the California Resources Agency. 2. In order to reduce the potential adverse impacts of this project, mitigation measures discussed in the certified EIR have been incorporated and shall apply to Tentative Tract 5045. 3. A Mitigation Reporting and Monitoring Program prepared in compliance with Assembly Bill 3180 and considered in the various decisions regarding these projects applies to Tentative Tract 5045. Subdivision Map Act Findings Based on the information set forth above, it has been determined that Tentative Tract Map No. 5045, with imposition of the attached conditions, meets the 000004 Resolution No. 2000 - Page No. 3 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 City of Moorpark General Plan and Specific Plan No. 2. 2. That the design and improvements of the proposed subdivision is consistent with the City of Moorpark General Plan and Specific Plan No. 2. 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. 9. The proposed subdivision upon any public waterway, shoreline, lake, or reservoir. does not contain or front river, stream, coastline, SECTION 4. That the City Council approves Tentative Tract Map No. 5045 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. 000005 Resolution No. 2000 - Page No. 4 PASSED AND ADOPTED this 2nd day of August, 2000. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk ATTACHMENT A - Conditions of Approval Tract 5045 000006 Resolution No. 2000 - Tract 5045/SP2 Page 1 ATTACHMENT A CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 5045: DEPARTMENT OF COMMUNITY DEVELOPMENT: 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 of Moorpark 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 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 shall expire three (3) years from the date of its approval. The Director of Community Development may, at his discretion, grant up to two (2) additional one (1) year extensions for map recordation, if there have been no changes in the adjacent areas and if applicant can document that he has diligently worked towards map recordation during the initial period of time. The request for extension of this entitlement shall be made in writing, at least 30 -days prior to the expiration date of the permit. CDD -4. 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 S: \Community Develooment \Everyone \Resolutions and Conditions \S ?2 ATTACHMENT A.doc - Created on 07/27/00 1:52 Phi 000007 Resolution No. 2000 - Tract 5045/SP2 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. a. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: i The City bears its own attorney fees and costs; ii The City defends the claim, action or proceeding in good faith. b. 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 -5. Effect of Conditions: No conditions of this entitlement shall be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. Whenever a conflict occurs between any condition or portion of any condition and the Mitigation Monitoring Progr.�m (MMP) approved by the final EIR, the MMP shall prevail. CDD -6. Severability: If any of the conditions or limitations of this approval are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. S: \Conuasni:y Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM Resolution No. 2000 - Tract 5045/SP2 Page 3 CDD -7. Title Report: The subdivider shall submit to the Department of Community Development and the City Engineer for review a current title report which clearly states all interested parties and lenders included within the limits of the subdivision as well as any easements that affect the subdivision. CDD -8. Water District 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 -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. Surety for Utilities and Undergrounding Required: 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. Prior to the issuance of an occupancy permit for the last house in the tract, 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 aboveground power poles on the project site as well as those along the frontage roads of the site. CDD -11. All existing and proposed utilities shall be undergrounded as approved by the City Engineer. All power lines less than 66KVA shall be undergrounded. CDD -12. FEES, CONTRIBUTIONS AND DEPOSITS a. The Map shall be submitted in accordance with County Ordinance No. 3982 entitled "An Ordinance of the Ventura County Board of Supervisors S: \Community Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/CO 1:52 PM 000009 Resolution No. 2000 - Tract 5045/SP2 Page 4 Requiring New Subdivision Records to be Included in the County's Computer -Aided Mapping System and Establishing Related Fees." b. Prior to recordation of the Final Map, the applicant shall cause to be delivered to the City Engineer and Public Works Director a computerized electronic file containing the Final Map as approved by the City Council, and any additional documents such as deeds of trust or special easements that Council shall require by said approval to be recorded as separate documents simultaneously with the Final Map. CDD -13. Fees and Park Dedication: Within the boundaries of the Tract Map to implement the adopted Specific Plan, Developer shall dedicate, at its sole cost and expense, the approximate seven (7) acres of parkland to the City as shown on the Tentative Map. At their sole cost and expense, but subject to the limitations set forth in this subsection, Developer shall make improvements to the parkland dedicated pursuant to this subsection and shall provide maintenance of the land and improvements. a. The park site improvements shall include, at City's sole discretion, one or more of each of the following items except ii., which shall be limited to two: i Softball field with a minimum of 300 foot outfield radius with no obstructions, backstop, foul line chain link fencing, fenced dugouts with concrete floors with lighting for one (1) field if desired by the City. ii Regulation soccer field, 225 feet wide and 360 feet long with no obstructions, that does not overlap onto the softball field area, except as approved by the City Council, and two (2) semi - permanent goals with lighting for up to two (2) fields if desired by the City. S: \Community Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/CO 1:52 PM 000010 Resolution No. 2000 - Tract 5045/SP2 Page 5 iii Lighted tennis courts; iv Full basketball court; v Childrens play equipment /apparatus and tot lots; vi Concrete block restroom structure with tile roof; vii Picnic shelter with solid roof and matching tile to the restroom; and viii Off - street parking with standard sized parking spaces. ix Skate facility of approximately 10,000 square feet. b. The full construction cost of said improvements for the site shall not exceed One Million Five Hundred Thousand Dollars ($1,500,000.00). Said amount shall not include any overhead, administrative or similar costs, or profit by Developer or any Developer- affiliated entity. Commencing one (1) year after the first residential building permit is issued within the Specific Plan and annually thereafter, this amount shall be increased to reflect the change in the Price Index that includes park and building construction 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, it shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. C. Final design, plans and specifications shall be as approved by the City Council, including applicable handicapped requirements, and shall include but not be limited to grading, street improvements, drainage, hardscape (walkways, bike paths, etc.) landscape (trees, shrubs, S: \Community Development \Everycne \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM 000011 Resolution No. 2000 - Tract 5045/SP2 Page 6 groundcover, and turf), security lighting for the park and parking lot, and miscellaneous amenities in quantities as determined necessary by City (tot lot and park perimeter fencing, trash receptacles, trash bin enclosures, bike racks, barbecues, picnic tables, pay telephone, identification monument signs, and other signage, etc.). The maximum average cross slope for the entire park site shall be two percent (20) with the intent that the maximum amount of land possible be utilized for park improvements included in this subsection. This cross slope standard may be amended based upon approval by the City Council of a specific park design. The improvement plans and specifications shall be similar to those improvements constructed at other City parks as determined by the City at its sole discretion. In addition to water, sewer and electrical services, the improvements shall include stub out into the park at a location determined by City for natural gas, telephone, and cable television services; and if the park is allowed to be rough graded prior to installation of improvements, it shall be hydroseeded and provided with other appropriate means of erosion control. At their sole cost and expense, Developer shall: (i) design the park improvements and submit conceptual plans for City approval, (ii) prepare final design, plans and specifications and submit the same to City Council for approval, (iii) submit the approved final plans and specifications to City for plan check along with appropriate fees, and (iv) pay City for inspection of the construction. d. The park shall be available (open) occupancy of the boundaries of the shall be offered approval of the fj site is located. dedicated to City improved and to the public prior to the 350th dwelling unit within the Specific Plan. The park site for dedication to City upon .rst final map in which the park After each park is opened to S: \Community Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM 000012 Resolution No. 2000 - Tract 5045/SP2 Page 7 the public and prior to its formal acceptance by City, Developer shall provide a minimum of one year and a maximum of two years maintenance for the park land and improvements, including all labor, materials, and water, in accordance with the specifications used by City at its parks. All land provided by Developer to City for parks, recreation and open space purposes shall be deeded to City without any restrictions for current or future use. e. The above described improvements along with the dedication of the above described park land shall be deemed to satisfy the "Quimby" requirement set forth at California Government Code Section 66477 et seq. for all subsequent subdivision maps within the Specific Plan area for a maximum of 570 residential units. Developer shall secure the above described improvements and the one—year maintenance requirement by the execution of City's standard subdivision agreement prior to the approval of the first final tract map or the first final parcel map within the Specific Plan area. Any dwelling units in excess of 570 and any institutional land uses shall be required to satisfy the Quimby requirement in addition to those items contained in this subsection. In addition to the required construction and maintenance described above, Developer shall at its sole cost and expense provide City a cash deposit in the amount of Three Hundred Fifty Thousand Dollars ($350,000.00) to fund the replacement of the park amenities as determined by City at its sole discretion. Payment shall be made prior to occupancy of the five hundredth (500th) residential unit. CDD -14. Citywide Traffic Mitigation Fee: As a condition of the issuance of a building permit for each residential or institutional use within the boundaries of the Tract Map, Developer shall pay City a traffic mitigation fee as described herein ( "Citywide Traffic Fee ") . The S: \Community Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM 000013 Resolution No. 2000 - Tract 5045/SP2 Page 8 Citywide Traffic Fee may be expended by City in its sole and unfettered discretion. On the effective date ofrecordation of the Final Map or on January 2001, whichever occures first, the amount of the Citywide Traffic Fee shall be Four Thousand Dollars ($4,000.00) per residential unit, and Eighteen Thousand Dollars ($18,000.00) per acre of institutional land on which the institutional use is located. Commencing on January 1, 2001, and annually thereafter, both categories of 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. CDD -15. Development Fee: As a condition of the issuance of a building permit for each residential or institutional use within the boundaries of the Tract Map, 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 recordation of the Final Map or the first phase thereof, the amount of the Development Fee shall be Seven Thousand Three Hundred Dollars ($7,300.00) per residential unit and Thirty -Two Thousand, Eight Hundred Fifty Dollars ($32,850.00) per gross acre of institutional land on which the use is located. The fee shall be adjusted annually commencing one (1) year after the first residential building permit is issued within Specific Plan 95 -2 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 S: \Community Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM 000014 Resolution No. 2000 - Tract 5045/SP2 Page 9 prior year. The calculation shall be made using the month which is four (4) months prior to the month in which the first residential building permit is issued within Specific Plan 95 -2 (e.g., if the permit issuance occurs in October, then the month of June is used to calculate the increase). In the event there is a decrease in the referenced Index for any annual indexing, the Development Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. CDD -16. Community Services Fee: As a condition of issuance of a building permit for each residential or institutional use within the boundaries of the Tract Map to implement the adopted Specific Plan, Developer shall pay City a community services fee as described herein (Community Services Fee). The Community Services Fee may be expended by City in its sole and unfettered discretion. The amount of the Community Services Fee shall be Five Hundred Dollars ($500.00) per residential unit, and Two Thousand, Two Hundred Fifty Dollars ($2,250.00) per gross acre of institutional land on which institutional use is located. Commencing on October 1, 2002, and annually thereafter, the Community Services Fee shall be adjusted by any increase in the Consumer Price Index (CPI) until all In Lieu 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 of June over the prior month of June. In the event there is a decrease in the CPI for any annual indexing, the In Lieu Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. CDD -17. Affordable Housing Requirements: Developer shall provide twelve (12) three (3) bedroom and two (2) bath units at no less than 1050 square feet in size, and S: \Community Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/OC 1 :52 PIA 000015 Resolution No. 2000 - Tract 5045/SP2 Page 10 thirteen (13) four (4) bedroom and two (2) bath units at no less than 1425 square feet in size to be sold to buyers who meet the criteria for low income (800 of median income). The initial sales price, buyer eligibility, resale restrictions, respective role of City and Developer, and any other item determined necessary by the City shall be set forth in the Affordable Housing Implementation and Resale Restriction Plan, which shall be approved by the City Council in its sole and unfettered discretion prior to recordation of the first Final Tract Map. a. The Developer shall, prior to the occupancy of the first residential unit for the Project, execute with the City an Affordable Housing Agreement that incorporates the Plan referenced above in total consistent with this condition. Developer shall pay the City's direct costs for preparation and review of the Plan and the Affordable Housing Agreement, up to a maximum of Five Thousand Dollars ($5,000). b. In -lieu of constructing any Very Low Income Affordable Housing Units on site, for each of the five hundred and seventy (570) dwelling units, Developer shall pay to the City an In -Lieu Fee which shall be used by the City at its sole discretion for the purpose of providing housing affordable to very -low, low, or moderate income households. The In -Lieu Fee in the amount of Three Thousand Five Hundred and Eighty Dollars ($3,580.00) shall be paid prior to issuance of the building permit for each dwelling unit in the Project. C. Commencing on October 1, 2002, and annually thereafter, the In -Lieu Fee shall be adjusted by any increase in the Consumer Price Index (CPI) until all In -Lieu 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/ S: \Community Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM 000016 Resolution No. 2000 - Tract 5045/SP2 Page 11 Riverside metropolitan area during the prior year. The calculation shall be made using the month of June over the prior month of June. In the event there is a decrease in the CPI for any annual indexing, the In -Lieu Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. CDD -18. Air Quality Fee: The Mitigation Measures included in the City Council certified Final Environmental Impact Report (EIR) and Mitigation Monitoring Program, or subsequent environmental clearance document approved by the Council, set forth the mitigation requirements for air quality impacts. Air Quality fees, referenced but not specifically calculated in the EIR and Mitigation Monitoring Program, are to be calculated as a condition of the issuance of a building permit for each residential and institutional use within the boundaries of the Specific Plan. Developer will pay to the City an air quality mitigation fee, as described herein (the Air Quality Fee), in satisfaction of the Transportation Demand Management Fund mitigation requirement in the Final Environmental Impact Report (EIR) for the Specific Plan. The Air Quality Fee may be expended by City in its sole discretion for reduction of regional air pollution emissions and to mitigate residual Project air quality impacts. a. For residential projects, the Air Quality Fee shall be the same for all dwelling units approved as part of a Residential Planned Development (RPD) Permit and shall be calculated by the Community Development Department prior to issuance of a Zoning Clearance for the first building plan check for the RPD development. For institutional uses, the Air Quality Fee shall be calculated by the Community Development Department prior to the first occupancy approval for each institutional use. The Air Quality Fee S: \Community Developr .lent \Dveryone \Resolutions and Cond4.tions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM 000017 Resolution No. 2000 - Tract 5045/SP2 Page 12 shall be calculated at the times specified in this paragraph using the City's approved model. CDD -19. CC &R and Landscaping Easement Requirements: Covenants, Conditions and Restrictions (CC &Rs) and By -Laws establishing one or more Homeowners' Associations for the residential development shall be prepared. The CC &Rs shall identify all Common Maintenance Areas including maintenance of all hiking trails, open space lots, parkway landscaping for all streets, any shared driveways, storm drains, any fencing or walls within common maintenance areas, recreational areas, and any slope directly affecting drainage or residential street facilities. The draft CC &Rs shall be submitted to the Director of Community Development and the City Attorney for review and approval prior to approval of the first phase of the Final Map by the City Council and the subdivider shall be required to pay all costs associated with such review. All applicable Tentative Map, Specific Plan and Development Agreement conditions of approval shall be highlighted in the copies of the CC &Rs submitted for City review. Prior to the sale of any lots, the CC &Rs shall be approved by the State Department of Real Estate and then recorded. Approval of the City shall not be construed to mean that the City has any obligation to enforce CC &Rs. The Homeowners' Associations may modify the CC &Rs only to the extent that they do not conflict with the terms of approval of the Tentative Tract Map, approved Residential Planned Development Permit or the approved Specific Plan and Development Agreement. Sixty (60) days notice must be given to the City of the intent to modify CC &Rs. Further, it is the sole responsibility of the Homeowners' Associations to enforce the CC &Rs. a. One or more Homeowners' Associations shall be established for neighborhoods comprising this Tentative Tract Map. The Homeowners' Association shall be responsible for all maintenance related to the natural open space, the trails, and any manicured landscaping areas as approved by the S: \Community Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:32 PM Resolution No. 2000 - Tract 5045/SP2 Page 13 City, inclusive of the SR 118 Arterial and SR 23 transportation corridors to occur until such time as these facilities may become city- maintained streets or State Highways and maintenance is assumed by the City or Caltrans. b. An assessment district zone of benefit shall be created for maintaining the parkway along the collector and arterial streets. The median on Spring Road and "C" Street may ultimately be part of an Assessment District if determined by the City Council prior to final map approval. If an assessment district zone of benefit is not created, the Homeowners' Association shall be responsible for maintenance of the areas described in this condition. C. All natural open space areas as shown on the Tentative Map shall be open to the general public unless otherwise designated by the approved Specific Plan, Development Agreement, Residential Planned Development(RPD) or this tract map and shall be owned and maintained by a Homeowners Association. The City Council may consider a privately funded option prior to recordation of this map. d. Prior to Final Map approval for any phase, the applicant shall provide an irrevocable offer of an easement to the City for the purpose of maintaining all landscaping and related drainage improvements for all areas adjacent to public roadways and other common open space areas as determined by the City that are required to be landscaped or maintained. Should the Associations fail to maintain the Common Maintenance Areas, or any portion thereof, in a satisfactory manner, the Common Maintenance areas or portion thereof, shall be placed in an Assessment District, at the City's sole discretion, to assume maintenance of the landscaped areas in the event the Homeowners' Association fails to maintain the landscaping in a manner consistent with the approved plans. If S: \Community Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM 000019 Resolution No. 2000 - Tract 5045/SP2 Page 14 the City assumes the maintenance as provided herein, it may include the landscaping maintenance in the appropriate Assessment District, or any successor District at its sole discretion. The applicant shall maintain the right to protest the amount of any proposed assessment consistent with the applicable provisions of State law, but not the formation of, or annexation to a Maintenance Assessment District. The total cost of the formation of any Assessment District and the maintenance provided by the Assessment District for the areas described above, including the cost of converting irrigation systems or other work shall be borne by the property owners, as determined by the City, within the entire area of the tentative map. The applicant shall record a covenant to inform the purchaser of all of the affected lots of this potential action. The CC &R's shall also include all Conditions of Approval as well as the design guidelines as specified in Specific Plan No. 2. e. The median in Spring Road and "C" Street may be maintained by a City- managed Assessment District while the parkways and entryways on all arterial and collector streets as determined by the City shall be maintained by an Assessment District or zone of benefit encompassing this project, or Homeowners' Association as determined by the City prior to approval of the first phase of the Final Map. f. Easements shall be provided to create a minimum of five (5) feet between the sidewalk and any fence or wall along the side or rear lot lines along the tract entry from Spring Road. g. Prior to Homeowners' Association, Maintenance District's, or similar entity's acceptance of responsibility for the landscaping, the subdivider shall replace any dead plants and make any necessary repairs to the irrigation system S: \Community Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM 000020 Resolution No. 2000 - Tract 5045/SP2 Page 15 consistent with the landscape plan approved for the subdivision. h. Prior to Final Map approval, the City Council, in its sole discretion, shall determine which areas shall be maintained by a Homeowners' Association, maintenance assessment district, or other entity consistent with the intent of this condition. i. Areas to be owned and maintained by an HOA shall be as shown on the Final Map. Prior to Final Map approval at the City Council's sole discretion, City may determine that another entity may be responsible for ownership and maintenance of any portion or all of the area that would otherwise be the responsibility of the HOA. j. Areas to be placed in a zone of benefit of an existing maintenance assessment district or within a newly created maintenance assessment district as determined by the City Council's sole discretion shall be as shown on the Final Map. In the event a vote of the land owners or registered voters is required to authorize use of a maintenance assessment district or establishment or adjustment of assessments, the City Council, prior to Final Map approval, may require at its sole discretion that said areas be maintained by the HOA. In such event, all portions of said areas not within street right - of -way (ROW) shall be owned by the HOA. If said areas are determined to be maintained by a City Maintenance Assessment District, it shall not be turned over to the City for maintenance until: i One year after establishment of permanent landscaping as determined by the Director of Community Development; and ii Recordation of all phases of the map and occupancy of seventy -five percent (750) of the homes. The developer shall be responsible for maintenance in a condition S: \Coinm'znity Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM 000021 Resolution No. 2000 - Tract 5045/SP2 Page 16 acceptable to the City and shall maintain responsibility until the City Council approves assumption of maintenance. Developer shall request in writing prior to November 30th of any year, after which i. or ii. above, have been satisfied that the applicable portions of said areas be placed in a maintenance assessment district, effective the following July 1St. CDD -20. The Final Map shall indicate the location of all trail easements. The minimum widths of said easements shall be twelve (12) feet wide as shown on the approved Specific Plan. The trails easements shall be irrevocably offered for dedication to the City of Moorpark. Prior to recordation, the subdivider shall bond for construction of the proposed trails at 1500 of the estimated cost of the improvements. Once the trails have been built, the developer shall maintain the trails for one (1) year and bonds shall remain in effect for a minimum of two (2) years. After that time, the Homeowners' Association, maintenance district, or similar entity shall be responsible for maintaining the trails. Trails shall be approved by the City Council and shown on the Final Map prior to recordation. The maintenance entity shall be determined by the City prior to Final Map approval. The developer shall enter into an agreement with the City to assure the maintenance responsibilities are conferred to one of the entities as described within this condition. CDD -21. The CC &Rs shall include a requirement that any future residential units constructed or modifications to existing units in the subdivision shall comply with Chapter 2 -53 of Part 2 and Chapter 4 -10 of Part 4, of Title 24 of the California Administrative Code. a. The rte'&Rs- -shall eent-ain language in the —fie- ef—a CDD -22. The_ CC &Rs _shall contain langu_ we in the form of a_ disclosure statement to homebuvers. This S: \Community Ceveloomer.t \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM 000022 Resolution No. 2000 - Tract 5045/SP2 Page 17 disclosure shall be incorporated into the Department of Real Estate White R�_ort_ and. shall be given as a separate disclosure to potential buyers and shall contain as a minimum.: a. Homes adjacent to Spring Road are subject to potential intrusive noise from traffic. b. SR -23 and SR -118 arterial bypass roadways are planned for future development and that homes adjacent to these roadways will be subject to intrusive noise from traffic. C. Agricultural operations exist adjacent to the north boundary of the subdivision and homes constructed in this area may be subject to increased noise, odors, and impacts caused by aerial spraying and other agricultural tasks. CDD -23. The CC &Rs shall include a requirement that ultra -low water consumption plumbing fixtures shall be installed consistent with City Ordinance No. 132. The CC &Rs shall also include a requirement for the following energy saving devices or construction features: a. Stoves, ovens, and ranges, when gas fueled, shall not have continuous burning pilot lights. b. All thermostats connected to the main space - heating source shall have night setback features. C. Kitchen ventilation system shall have automatic dampers to ensure closure when not in use. d. For attenuation of interior noise levels of the homes built on Lots abutting Spring Road, all window openings facing Spring Road shall be equipped with acoustical windows rated at STC -30 or better and shall be installed consistent with manufacturer directions and to the satisfaction of the Director of Community Development. S: \Community Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1 :52 PM 000023 Resolution No. 2000 - Tract 5045/SP2 Page 18 Additionally, an appropriately sized forced ventilation system shall be installed and fresh air or discharge openings for such a system shall be located on the side of the dwelling opposite Spring Road. CDD -24. A fencing, perimeter, gate, and privacy barrier wall plan (complete with related landscaping details) identifying the materials to be used and proposed wall heights and locations shall be submitted to and approved by the Director of Community Development. The approved fencing and barrier wall plan shall be incorporated into the CC &Rs. All fencing and barrier walls along lot boundaries shall be in place prior to occupancy, unless timing for installation is otherwise stated in these conditions. Where applicable prior to approval of the final wall and fence plan, the Director of Community Development shall approve the connection of property line wall with existing fences and or walls on adjacent residential properties. The developer is required at his /her sole expense to connect or reconstruct adjacent residential walls and or fences to the project perimeter wall utilizing the same type of material that comprises existing walls and or fences that are to be connected to the project perimeter wall. CDD -25. The CC &Rs shall include language to insure that no sheet flow of drainage occurs between lots located within or adjacent to the project. CDD -26. The CC &Rs shall include language requiring the Homeowners Association to be responsible for the maintenance of drainage facilities including all NPDES requirements unless such structures or facilities are accepted into the master flood protection system by the Ventura County Flood Control District. CDD -27. The CC &Rs shall include language prohibiting use of roofing material made of wood or asphalt shingles and requiring tile roofs as determined by the City as roofing materials for residential structures. S: \Commuriity Development \Everyone \Resolutions and Cond'_tions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 ?M 000024 Resolution No. 2000 - Tract 5045/SP2 Page 19 CDD -28. CC &Rs shall include language that discourages excessive noise generating activities in garages consistent with adopted community noise standards. Garages shall remain permanently available for the purpose of automobile parking. CDD -29. The CC &Rs shall require the Homeowner's Association to remove any graffiti within five (5) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the City. CDD -30. A fuel modification zone shall be maintained 100 feet wide in accordance with the requirements of the Fire District. The Homeowners' Association shall be responsible for maintenance of the fuel modification zone. CDD -31. The following requirements shall be included in the CC &Rs: a. All property areas shall be maintained free of litter /debris. b. All on -site storm drains shall be cleared 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 through 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, wash water shall not discharge to the storm drains; wash water should be collected and discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review, approval and conditions of S: \Community Development \Everyone \Resolutior.s and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM 000025 Resolution No. 2000 - Tract 5045/SP2 Page 20 the wastewater treatment plant receiving the discharge. d. All exterior metal building surfaces, including roofing, shall be coated and 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, promote surface filtration, and minimize the use of fertilizers and pesticides, which can contribute to urban runoff pollution. CDD -32. Outstanding Case Processing Fees: The applicant shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees prior to issuance of a Zoning Clearance for any grading or building permits. The applicant, permittee, or successors in interest, shall also submit to the Department of Community Development a fee to cover costs incurred by the City for Condition Compliance review of the Tentative Tract Map prior to recordation of the Final Map. CDD -33. Dedication of Access Rights: Except for those access locations required by the Specific Plan to serve abutting uses through privately negotiated agreements, the developer shall dedicate vehicular access rights to the City of Moorpark along Spring Road, "C" Street, "A" Street, SR -23, and SR -118, and any other collector. All interior streets within the project site in order to provide access for all governmental agencies providing Municipal Code compliance, public safety, health and welfare services shall be dedicated public streets excepting therefrom interior streets or drives in Planning Area 5. CDD -34. The final design and location of all walls and fences, streetscape elements, urban landscaping are subject to the approval of the Director of Community Development. S: \Communi:y Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM 000026 Resolution No. 2000 - Tract 5045/SP2 Page 21 CDD -35. The Developer shall submit wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. All fences, walls and other structures shall be submitted to and approved by the Director of Community Development. These shall include all landscape walls and /or sound walls required by the Specific Plan Development Agreement and mitigation measures adopted for the project whether on -site or off -site. CDD -36. Any special street intersection treatments shall be approved by the City Engineer and the Director of Community Development. CDD -37. The Developer shall incorporate the two parcels [APN 500 -0- 240 -225 AND 500 -0- 240 -2351 adjacent to and located contiguous at the northwest border of the project site into the Final Map. The purposes or use of these parcels shall be restricted to construction of an intersection for Spring Road and Walnut Canyon Road, subject to approved plans, and Natural Open Space use. Access rights along the street face of each of the public streets shall be dedicated to the City of Moorpark. CDD -38. Applicant shall provide to the satisfaction of the City Council, proof that access agreements for vehicular access have been provided to all properties west of Spring Road. CDD -39. Open Space /Conservation Dedications: Greenbelts, open space areas, landscaped areas, and trails lying within each portion of the Property (not covered by any other section) shall be dedicated to City in a form approved by the City Attorney, or to one or more homeowners or property owners associations as determined by the City Council at its sole and unfettered discretion, as a condition of recordation of the final subdivision map or parcel map defining the area within which said areas are located. Greenbelts, buffers and open space areas may include wetlands, storm water detention areas, landscaping and decorative planting areas that do not interfere with greenbelt, buffer and open space S: \Ccmmunity Development \Everyone \Reso'_utions and Cond`_tions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM 000027 Resolution No. 2000 - Tract 5045/SP2 Page 22 uses as determined by the City at its sole and unfettered discretion. Such areas not dedicated to City shall include a conservation easement granted to the City in a form acceptable to the City consistent with Civil Code Section 815 et seq. CDD -40. Developer shall grant the City a conservation easement in a form acceptable to the City Attorney consistent with Civil Code Section 815 et seq. for Planning Areas 12 and 13 to insure this area remains as public open space. CDD -41. Archaeological or Historical Finds: If any archaeological or historical finds are uncovered during excavation operations, all grading or excavation shall cease in the immediate area, and the find left untouched. The permittee shall assure the preservation of the site; shall obtain the services of a qualified paleontologist or archaeologist, whichever is appropriate to recommend disposition of the site; and shall obtain the Director of Community Development's written concurrence of the recommended disposition before resuming development. The developer shall be liable for the costs associated with the professional investigation. CDD -42. Lighting Plan: Prior to issuance of a Zoning Clearance for Grading or Construction for any dwelling units on the lots created by this Tract Map, the applicant shall submit to the Department of Community Development a lighting plan for review and approval consistent with Chapter 17.30 of the Zoning Ordinance. CDD -43. Residential Planned Development: Prior to the recordation of any Phase of the Tract Map, the applicant shall submit to the Department of Community Development a comprehensive Residential Planned Development application for review and approval by the Planning Commission and the City Council. The Residential Planned Development Permit application shall be consistent with the requirements set forth within Specific Plan No. 2 for Moorpark Highlands as approved by the City Council and shall build upon the S: \Community Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM 000028 Resolution No. 2000 - Tract 5045/SP2 Page 23 concept diagrams submitted for preliminary guidance and consideration with this subdivision application. The submittal shall include a plan to guarantee any agreements and shall address the entities responsible and method and timing of guarantee for each component of Developers obligations and is subject to City approval at its sole discretion. CDD -44. Submittal of Landscape Plans: Prior to issuance of a Zoning Clearance for construction or grading of the public roadways within and adjacent to this tract, applicant shall submit a complete landscape plan, together with specifications to the Director of Community Development. The plans shall conform to the following: a. Three sets of plans shall be submitted for each plan check. b. Each sheet of the plans shall be wet stamped and signed by the project landscape architect. The project landscape architect shall be licensed by the State of California. C. The plans shall include the following landscape components as appropriate demolition, construction, irrigation, planting, details and specifications. d. Unless otherwise specified in these conditions, the plans shall be prepared in general conformance with the Submittal Requirements and Landscape Standards described in the Ventura County Landscape Design Criteria. e. A separate Maintenance Plan shall be prepared in accordance with the Approval /Installation Verification standards described in the Ventura County Landscape Design Criteria. f. Unless otherwise specified in these project conditions, the plans shall be prepared in substantial conformance with the approved conceptual plans for the project. S: \Community Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27100 1:52 ?M .,000029 Resolution No. 2000 - Tract 5045/SP2 Page 24 g. The applicant shall bear the full cost of landscape plan reviews, installation and inspections as deemed necessary by the Director of Community Development. h. Prior to initial review of the landscape plans, the applicant shall deposit funds for plan review in an amount specified by the Director of Community Development. The applicant shall deposit additional funds upon request as needed to cover all landscape plan check and inspection fees. Any deposit balance remaining following final approval of the installation shall be refunded to the applicant. i. The following notes shall be included on the plans and shall be project conditions: i All plant material shall conform to the current issue of the American Standard for Nursery Stock published by the American Association of Nurserymen. ii Prior to final inspection by the City of Moorpark, the applicant's landscape architect shall provide written certification to the City, stating that the installation is in substantial conformance with the approved landscape plans. j. Prior to final inspection by the City of Moorpark, the applicant shall provide a written certification for the operation of the backflow device. k. All backflow preventers, transformers, and other above -grade utilities shall be appropriately screened with walls and /or plantings. 1. The planting and irrigation design shall comply with the State of California Model Water Efficient Landscape Ordinance. M. Prior to occupancy, the landscape installation shall be approved by the Director of Community Development. This approval shall be based upon S: \Community Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 FM 000030 Resolution No. 2000 - Tract 5045/SP2 Page 25 written certification of the landscape installation by the City Landscape Consultant. n. The landscaping shall be maintained in accordance with the approved Maintenance Plan. o. The landscape plan shall include planting and irrigation specifications for manufactured slopes and all common areas. p. The landscape plan shall include planting and irrigation specifications for manufactured slopes over three (3) feet in height, any front yard landscaping for residences that may be required by the approval of an RPD, and all common areas to be maintained by the homeowners association including parkways, median strips and slope easement areas located along Walnut Canyon Road, Spring Road, "C" Street, "A" Street and interior streets. Front Yard landscaping shall be installed as determined by the conditions of approval for the applicable RPD for this project on all lots in this project as reviewed and approved by the Director of Community Development prior to final inspection and release of utilities. q. Additional trees shall be provided as approved by the Director of Community Development to offset the value of the trees to be removed from the site as specified in the Horticultural Tree Report prepared by L. Newman Design Group, Inc. revised on November 1, 1996. The landscape plan shall also incorporate extensive tree landscaping including specimen size trees as approved by the Director of Community Development. The location of the additional trees shall be as determined by the Director of Community Development. r. The final landscape plans shall include landscaping specifications, planting details, and design specifications consistent with the following requirements: S: \Community Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM 000031 Resolution No. 2000 - Tract 5045/SP2 Page 26 i The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian and /or equestrian paths within the project limits. ii All plant species utilized shall not exceed the irrigation Water Allowance, as discussed in the State Model Water Efficient Landscape Ordinance. iii Landscaping at site entrances and exits and any intersection shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. iv Back flow preventers, transformers, or other exposed above grade utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and /or a wall. v A coordinated tree planting program shall be developed which will provide a dominant theme trees within the components of the proposed development. To the extent practical, trees shall be planted in similar fashion to natural occurring individuals, small groves or clusters particularly where the moderation of visual conditions is necessary. vi 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. vii Exotic plants which are known to spread beyond their original plantings and invade native habitats such as Pampus Grass, S: \Community Development \Everyone \Reso' - utions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/CO 1:52 PM 000032 Resolution No. 2000 - Tract 5045/SP2 Page 27 Spanish Broom, and Tamarisk shall not be used. viii The applicant shall install purple pipe in all common areas for the purpose of using reclaimed water when available. CDD -45. Habitat Conservation Plan: Prior to the recordation of the Final Map, the applicant shall provide to the Community Development Director a completed and adopted "Habitat Conservation Plan for the California Gnatcatcher" as approved by the U.S. Fish and Wildlife Service pursuant to the Federal Endangered Species Act, along with any and all agreements, licenses, restrictions, conditions and /or statements of understanding necessary to maintain and preserve said habitat. Developer shall convey the required Habitat Conservation Area to an entity as specified by the adopted Development Agreement. In the event the area shall no longer be required to serve as a habitat for the referenced threatened or endangered species, due to the loss of the species because of natural forces or acts, or for any other reason not created by the applicant during the course of development of this project, or at anytime in the future, or upon release by Federal and /or State agencies with appropriate jurisdiction, the habitat area shall pass to the City of Moorpark for purposes of establishing a limited access passive open space area for preservation of the Venturan and Coastal Sage Scrub communities and any riparian habitat present. The Homeowners' Association shall provide for the perpetual maintenance of the Habitat Area upon its release to the City. CDD -46. Construction Prior to construction Director of review and Access Plan: The-- appileant Shall: ldl�)F it he issuance_ of a _ Grading Permit a access plan shall be submitted to the Depa ern: -ef Community Development for approval. S: \Coxmunity Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 FM 000033 Resolution No. 2000 - Tract 5045/SP2 Page 28 CDD -47. Cable Service: Television cable service shall be provided to all residential units consistent with existing cable system requirements. Under - grounding of cable wires is required and no lines shall be allowed to be extended along the exterior walls of the residential buildings. CDD -48. SR -23 /SR -118 Requirements: Applicant shall at his sole cost prepare engineered plans for the vertical and horizontal alignment and grading of the SR -23 and SR- 118 arterial bypass reservations shown upon the Tentative Map and Specific Plan No.2, consistent with CALTRANS standards for public highways. Upon approval of the engineered plans developer shall grade the alignments to accommodate a minimum two lane arterial roadway consisting of one 14 foot travel lane and an 8 foot shoulder in each direction and with a 20 foot median, for the full length of each of the alignments within the Tentative Tract. If approved by action of the City Council, an in -lieu fee as determined by the City Manager may be deposited by the developer to pay for the grading of the rights -of -way, as described, thereby relieving the applicant of the responsibility to grade the areas identified. CDD -49. Restricted Building Areas: No structure which is expected to have a human occupancy rate of more than 2,000 personhours per year shall be placed within the Restricted Use Zone (RUZ) shown on Exhibit 27, Specific Plan No. 2 EIR, unless future geologic studies are performed which demonstrate the suitability of this zone, or portions thereof, for such development. Full -time habitable structures shall be located behind the proposed setback limits depicted on the EIR Exhibit 27 for the Specific Plan. The placement of parks, roadways, utilities and non - habitable structures, or structures with an expected human occupancy rate of less than 2,000 person hours per year may be permissible within the RUZ. The Final Map shall contain reference and location of the Restricted Use Zone. S: \Community Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/CO 1:52 PM 000034 Resolution No. 2000 - Tract 50451SP2 Page 29 CDD -50. Length to Width Ratio Waiver: The developer shall maintain the adopted length to width ratios for all lots within the tentative tract map except for the following lots which because of impacts to development are permitted to exceed a three to one (3:1) ratio: Lots 245 through 259; and, Lots 263 through 269. CDD -51. Vector Control Plan: Prior to issuance of a building permit the applicant shall obtain approval of a Vector Control Plan from the City. CDD -52. Conservation Easement Required: Prior to approval of the Final Map, the subdivider shall grant a conservation easement to the City to retain the lots shown as Open Space including Planning Areas 10, 11, 14, 15, and 16 with only those uses shown as permitted in the Development Regulations of the Specific Plan Open Space Zones. No excavation, drilling, extraction, pumping (excluding such pumping as may be needed for de- watering 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 condition shall be included in the conservation easement. The conservation easement shall be shown on and irrevocably offered for dedication on the first Final Map for the subdivision and shall be in a form acceptable to the City and consistent with Civil Code Section 815 et seq. CDD -53. Planning Area Dedication: Prior to recordation of a Final Map the subdividedr shall irrevocably offer to dedicate Planning Area 17 to City. CDD -54. Implementation Plan Guarantees: In conjunction with approval of each Final Map, the subdivider shall submit and obtain approval from the City Council, an implementation plan to guarantee that all provisions of entitlement conditions contained in the adopted Specific Plan or any Ordinance related to the development thereof eentinueel within Seeder 6 of he Deve-1 e eFfte n t - rOz-dl-n-a n e-e— ode -- 26-3) have been S: \Community Developr .lent \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM 0®003`x' Resolution No. 2000 - Tract 5045/SP2 Page 30 addressed. The method and timing guaranteeing each component shall be solely at the City's discretion. CDD -55. Miscellaneous Fees: Applicant shall pay to the 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 shall include but not be limited to Library Facilities Fees, Police Facilities Fees, Fire Facilities Fees, entitlement processing fees, and plan check and permit fees for buildings and public improvements. Further, unless specifically exempted by City Council applicant is subject to all fees imposed by City as of the issuance of the first permit for construction and such future fees imposed as determined by City in its sole discretion so long as said fee is imposed on similarly situated properties. CDD -56. Recreation Facilities: Prior to the issuance of any building permits, with the exception of Planning Areas 8 & 9 in which minimum lot sizes equal or exceed 10,000 square feet, Developer or successors shall provide private community /neighborhood recreation facilities to serve the Planning Areas shown upon the tentative tract map. Recreational facilities shall be tailored to the expected occupancy of the neighborhood served. The recreation areas shall be maintained by the Homeowner's Association and shall contain such uses as swimming pools, spas, tot lots, court type play areas, picnic areas or similar facilities. The recreation facility area shall be not less than one - half (1/2) acre. Upon review and approval of the Director of Community Development, one recreational facility placed centrally to Planning Areas 3 & 4 may be allowed provided such area shall not be less than 1 -1/2 acres. Developer shall construct all improvements within the recreation areas at its sole cost and expense and shall gain approval for the recreational facilities as a part of the Residential Planned Development permit for the site. CDD -57. Number of Homeowners Associations: The total number of homeowner associations created for the project shall S: \Community Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM 000036 Resolution No. 2000 - Tract 5045/SP2 Page 31 not exceed six (6) and shall be created to serve the Planning Areas as' shown on the tentative map as follows: a. One HOA for Planning Area No. 1. b. One HOA for Planning Area No. 2. C. One HOA for Planning Areas 3 & 4 combined. d. One HOA for Planning Area 5. e. One HOA for-Planning Areas 8 & 9 combined. f. A Master Homeowners' Association CDD -58. Limitation on School Site: Any land within the Project area that is dedicated to MUSD, or any successor district, shall be deed restricted in the form of a covenant running with the land to limit use of the land to public school facilities, kindergarten through 12th grade, and the covenant shall be recorded in the offices of the County Recorder of the County of Ventura concurrently with the deed transferring fee title to MUSD or a successor district. CDD -59. Unrestricted Lands: 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. CDD -60. Street Improvements Adjacent to Institutional & Park Lands: Developer shall construct public streets adjacent to school and park sites as depicted in the Specific Plan regardless of whether said streets are designated as local or collector streets for a length and to a standard that includes a curb -to -curb width of between 48 feet and 60 feet as determined at City's sole and unfettered discretion in order to provide street parking, bike lanes, and turn lanes in addition to at least two (2) travel lanes and necessary transitions. CDD -61. Special Water Requirements Developer shall construct appropriately_ sized water lines, pumping facilities, S: \Community Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM 00003'7 Resolution No. 2000 - Tract 5045/SP2 Page 32 and storage facilities for recycled water consistent with the requirements of the Cit , Waterworks District No. 1 and Calle_guas Water District. Said lines shall be installed prior to the final cap being placed on all streets whether the recycled water is available or not. Developer shall provide service including payment of any connection and meter charges and shall use recycled water for medians and parkways for all pubic streets, park, and any other public and commonly owned landscaping and recreation areas. The recycled water line(s) shall be installed for each City approved phase of development and the recycled water shall be in use prior to the first occupancy approval for each City approved phase of development if such recycled water is available within one -half mile of the property. Developer shall install dual water meters and services for the park site and other locations determined necessarVby City at its sole discretion to insure that both____ potable and recycled water are available_ where restroom and drinking fountains are Tanned. CDD -62. Off -Site Wall Requirements: Developer shall at its sole cost and expense remove the existing block walls /fences and construct a solid decorative block wall along the west side of Spring Road from Los Angeles Avenue north to the last residential unit south of the Union Pacific Railroad tracks. The wall shall be six feet (61) to eight feet (8') in height as measured from the elevation of the Spring Road sidewalk. Final design, plans, and specifications shall be approved by the City Council at its sole discretion. Developer shall also pay City's costs for plan check and inspection plus City administrative costs. CDD -63. If determined necessary at City's sole discretion, Developer shall at its sole cost and expense construct a solid block wall to replace the existing block wall /wrought iron fence along the Spring Road and Charles Street frontages of the residential project located at the southeast corner of Spring Road and S: \Community Development \Everyone \Resolutions and Conditions \sP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM 000038 Resolution No. 2000 - Tract 5045/SP2 Page 33 Charles Street. Developer shall at its sole cost and expense: a. Design the wall improvements; b. Prepare final design, plans and specifications; c. Submit the plans and specifications to City for approval and plan check; and d. Pay City for inspection of the construction including city administrative costs. CDD -64. Off -Site Right -of -Way: Developer shall irrevocably offer to dedicate to City: a. That portion of the project area fronting on Los Angeles Avenue needed by City for construction and related slope and construction easements for City funded street improvements on Los Angeles Avenue east of Sprinq Road; b. Any property adjacent to the extension of Spring Road between "C" Street and Walnut Canyon Road needed for ultimate buildout of Spring Road not required to be constructed by Developer as part of the project. C. Developer shall acquire at its sole cost and expense the property needed to improve the intersection of Charles Street and Spring Road including the vacant properties at the northwest and southwest corners of said intersection. Any property acquired in excess of that needed for actual travel or bike lanes or sidewalk shall be landscaped, and /or otherwise improved in a manner determined by City at its sole discretion and at the Developer's sole cost and expense including a block wall at the property line. CDD -65. "C" Street Extension: Developer shall at its sole cost and expense irrevocably offer to dedicate to City the right -of -way for an extension of "C" Street from the terminus of the "C" improvements required in the Specific Plan and subsequent approvals to the eastern boundary of the project. At City's sole option, S: \Communi :y Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM 0,00039 Resolution No. 2000 - Tract 5045/SP2 Page 34 Developer shall provide a surety in a form and amount approved by City at its sole discretion to guarantee the construction of that portion of C" Street described above. CDD -66. Trail Construction: Developer at its sole cost and expense shall construct the public trail system identified in the Specific Plan, including inspection and City administrative costs. Developer shall also at its sole cost and expense prepare a design, plans, and specifications for submittal to City. City shall approve design and plans and specifications at its sole discretion. The required improvements shall also include construction of equestrian crossings at or near street intersections as determined necessary by City at its sole discretion. Developer shall at its sole cost and expense provide to City a cash deposit in the amount of one hundred fifty thousand dollars ($150,000.00) to fund the maintenance of the trail system. Payment shall be made prior to occupancy of the five hundredth (500th) residential unit. CDD -67. Transportation /Circulation Measure. Prior to occupancy of the first residential unit in the project area, the Developer shall pay to the City one hundred twenty -five thousand dollars ($125,000.00) to satisfy the Final EIR Transportation /Circulation Mitigation Measure 2. and for Developer's fair share contribution at the intersection of New Los Angeles Avenue and Tierra Rejada Road. CITY ENGINEER CONDITIONS PRIOR TO THE FINAL MAP APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED: CED -1. All residential areas to be commonly maintained by a Homeowners' Association, as determined by the City, shall be designated as separate lettered lots on each phase of the subdivision map. CED -2. Grading: The subdivider shall submit to the City of Moorpark for review and approval, a rough grading plan, consistent with the approved Tentative Map, prepared by a Registered Civil Engineer. The subdivider shall enter into an agreement with the City S: \Community Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:32 PM Resolution No. 2000 - Tract 5045/SP2 Page 35 of Moorpark to complete the improvements required for each Phase of the Map and shall post sufficient surety guaranteeing completion. A single rough grading plan will be required. All requests for staged grading must be submitted in writing to the City Engineer for review and approval by the City Council. CED -3. Upon recordation of the Final Map, requests for rough grading permits will be granted in accordance with the approved phasing plan, as required of these conditions and local ordinance. Subsequent fine grading permits shall be issued upon completion of rough grading to the satisfaction of the City and review and approval of fine grading plans for individual phases of the Final Map. CED -4. Concurrent with submittal of the rough grading plan an erosion, debris/ siltation and dust control plan shall be submitted to the City for review and approval by the City Engineer. The design shall include measures for hydroseeding and temporary irrigation meeting the approval of the Director of Community Development with groundcover, trees and shrubs that will stabilize slopes and minimize erosion. Interim borrow sites shall include temporary irrigation until groundcover is established, and shall minimize rectilinear form. Reclaimed water shall be used for dust control during grading, if available from Waterworks District No. 1 at the time of grading permit operations. Temporary irrigation, hydroseeding and erosion control measures, such as matting during winter season, 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. S: \Comrr.unity Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM 000041 Resolution No. 2000 - Tract 5045/SP2 Page 36 CED -5. Graded slopes visible from off -site to the east shall be hydroseeded immediately upon completion consistent with the landscape and erosion control plans. CED -6. The grading plan shall provide that graded slopes be hydroseeded or permanently landscaped within thirty (30) days of completion of rough grading. The City may specify alternate deadlines for completion of all hydroseeding and /or erosion control measures, based on the grading schedule and installation of permanent landscaping, as approved by the City Engineer and Director of Community Development. CED -7. Other than for approved on -site grading operations, temporary stockpiling of soil in excess of one thousand (1000) cubic yards shall require approval of the City Council. Lesser amounts may be administratively approved by the Director of Community Development and City Engineer subject to the following: a. The height of the stockpile may not exceed five (5) feet. b. Side slopes shall not exceed 3:1. C. Duration of the temporary stockpile shall not exceed six (6) months. d. Applicant shall submit a surety equal to the cost of export and disposal plus ten (10) percent. CED -8. On the required rough grading plans that require import /export of more than 100 truckloads or one thousand cubic yards (1000 yd3), whichever is less, the following information shall be made a part of the rough grading plan: haul routes, hours of hauling, numbers and frequency of trucks and other information necessary to define hauling impacts. The import /export plan shall show the quantity of import /export, location of borrow /stockpile sites, temporary and final grading of the site, height of fill /depth of cut, visibility of the site from public roads and lands, vegetation and screening for sites located within the City of Moorpark. Additional surety for S: \Community Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM 000042 Resolution No. 2000 - Tract 5045/SP2 Page 37 the cleaning and /or repair of the streets may be required as directed by the City Engineer. CED -9. On all required rough grading plans where the total on -site borrow and fill yardages differ by one thousand cubic yards (1000 cu yd) or more, plans for handling the import /export shall be part of the rough grading plan. a. It is anticipated that project grading will balance on -site. Unanticipated off -site import /export operations requiring an excess of one hundred (100) total truck loads or one thousand cubic yards (1000 yd3), whichever is less, shall require Council approval prior to the commencement of hauling or staged grading operations. A haul route is to be submitted to the City Engineer for review and approval. b. If the borrow /fill site(s) are within the City limits, a grading plan for such sites, showing the before and after condition, shall also be shown. Borrow /fill sites outside, but within 2 miles of the City limits, shall be approved by the Director of Community Development. CED -10. The final grading plan shall be in substantial compliance with the approved rough grading plan and the grading concept plan contained in the Specific Plan as Exhibit 7. The City Engineer and Director of Community Development shall make the determination as to substantial compliance with the approved rough grading plan, and may administratively approve minor changes from the rough grading plan. Minor changes are defined as follows: a. Changes in elevations of three (3) feet or less from the rough grading plan The ehange ±n may be permitted if the Director of Community Development determines that the overall visual quality of the Specific Plan would not be significantly affected; S: \Community Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM 000043 Resolution No. 2000 - Tract 5045/SP2 Page 38 b. Changes in the total borrow /fill quantities, for the entire area under this tentative map, which do not exceed one thousand cubic yards (1,000 yd3); C. Additional import /export quantities not exceeding one thousand cubic yards (1,000 yd3); d. Changes which cause no adverse impacts to slope stability, drainage, and erosion control; and; e. Changes which, in view of the Director of Community Development, do not result in any adverse impact on aesthetics or viewshed. CED -11. The subdivider or subsequent developers shall prepare an Erosion and Sediment Control Plan to address construction impacts and long term operational effects on downstream environments and watersheds. This plan shall be prepared by a California registered Civil Engineer. Proposed management efforts shall include (but not be limited to) construction of debris desiltation and detention basins in the Happy Camp Canyon and Castro - Williams watersheds, provisions for the use of vegetative filtering enhanced by creek bed reconstruction, preparation of detailed erosion /sediment control plans, appropriate use of temporary debris basins, silt fences, sediment traps and other erosion control practices. The developer shall use "Best Management Practices." The proposed plan shall also address all relevant National Pollutant Discharge Elimination System (NPDES) requirements and recommendations for the use of best available technology. The Erosion and Sediment Control Plan shall be reviewed and approved by the City Engineer prior to the issuance of grading permits for rough grading. CED -12. The Erosion and Sediment Control Plan (ESCP) shall provide that temporary erosion control measures be used during the construction process to minimize water quality effects. Specific measures to be applied shall be identified in the project ESCP. The S: \Cc:nmunity Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 0'i /27/CO 1:52 PM Resolution No. 2000 - Tract 5045/SP2 Page 39 following water quality assurance techniques shall be included: a. Minimize removal of existing vegetation. b. Provide temporary soil cover, such as hydroseeding, mulch /binder and erosion control blankets, to protect exposed soil from wind and rain. C. Incorporate silt fencing, berms, and dikes to protect storm drain inlets and drainage courses. d. Rough grade contours to reduce flow concentrations and velocities. e. Divert runoff from graded areas, using straw bale, earth, and sandbag dikes. f. Phase grading to minimize soil exposure during the October through April storm period. g. Install sediment traps or basins. h. Maintain and monitor erosion /sediment controls. i. The subdivider (or successors of interest) will ensure that construction activities include proper management and disposal of concrete and other masonry wastes, paint solvents and rinse wastes, vehicle fuel and maintenance wastes (including oil ), and other construction debris. This will minimize exposure of these materials to storm water and transport to the drainage system. CED -13. To minimize the water quality effects of permanent erosion sources, the following design features shall be incorporated into the project grading plan to the degree determined necessary by the project civil engineer. The subdivider shall cause grading plans to be prepared and shall submit the same to the City Engineer for review. No grading or clearing operations may proceed until all fees are paid, all other agency permits and approvals have been obtained and the City Engineer has approved. The grading plan shall contain all features and specify all Best S: \Ccnmunity Development \Everyone \Resolutions and Cond'tions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM 000045 Resolution No. 2000 - Tract 5045/SP2 Page 40 Management Practices (BMP's) used to comply with water quality enhancement features including: a. installation of drainage swales, subsurface drains, slope drains, storm drain inlet /outlet protection, and sediment traps; b. installation of check dams to reduce flow velocities; C . installation of temporary and permanent desilting basins; d. planting of permanent vegetation, including grass -lined swales; e. Installation of drainage courses and storm drain outlets designed to reduce scour. CED -14. Sediment yields in the watersheds within the project boundary shall be computed for pre- development and post - development conditions in accord with methods outlined in, "Erosion and Sediment Yields in the Transverse Ranges, Southern California," (United States Geological Survey, 1978) . These estimates of sediment yield shall be completed prior to initiating final design of the debris basin facility situated in the Castro - Williams watershed (Specific Plan No. 2), as described in the approved ESCP. CED -15. The grading permits issued for the development shall require maintenance schedules for earthmoving equipment and documentation of proper disposal of used oil and other lubricants. The subdivider shall obtain all necessary NPDES related permits prior to City issuance of any grading permit for the project. CED -16. A Master Drainage and Flood Control Improvement Plan (FLIP) shall be prepared which identifies all required drainage and flood control improvements necessary to implement the proposed project. This plan shall be prepared in consultation with the Moorpark City Engineer and the Ventura County Flood Control District to facilitate required interagency coordination. The plan shall identify all major improvements and typical drainage facilities. The capacity, location, and size S: \Community Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM 000046 Resolution No. 2000 - Tract 5045/SP2 Page 41 of all culverts, collection devices, energy dissipaters, and related improvements shall be designed to the satisfaction of the City Engineer and Flood Control District. Capacity details for the construction of the on -site detention basins shall be included in the FLIP. All applicable Flood Control District permits required to implement the FCIP shall be obtained from the County Flood Control District prior to City issuance of a permit for rough grading. No rough grading permit will be issued until the FCIP is completed. The FCIP shall identify what improvements must be completed coincident with the initiation of rough grading. CED -17. If required by the FLIP, improvements to the permanent debris basin in the Castro - Williams watershed shall be made, which will be sufficient to reduce estimated sediment deposition to pre - development levels. Modifications to this debris basin shall be made in conjunction with commencement of rough grading operations for the proposed project. The design of modifications to this basin shall be reviewed and approved by the Ventura County Flood Control District. All improvements to the basin shall be completed prior to the first rainy season to occur after rough grading has commenced. Any required offsite City and County contribution fees for future drainage improvements shall also be paid prior to approval of the Final Map. Implementation of these off -site project drainage mitigation measures and construction of off -site drainage improvements are subject to review and approval by the City Engineer and the Ventura County Flood Control District. The City Engineer and the Ventura County Flood Control District may approve alternative on -site methods to fully mitigate project drainage impacts. CED -18. If required by the FCIP, Castro - Williams debris basin maintenance shall be provided under an agreement satisfactory to the Flood Control District. An improvement and maintenance agreement between the Applicant/ Developer and the District shall be required S: \Community Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/CO 1:52 PM 000047 Resolution No. 2000 - Tract 5045/SP2 Page 42 prior to the issuance of initial grading permits or recordation of the Final Tract Map (whichever occurs first). The agreement shall specify the entity responsible for long term maintenance and the source of funding to ensure continued maintenance. Final Map. The Director of Community Development and Public Works Director must concur that said agreement meets the intent of this condition prior to approval of the Final Map for any approved phase. CED -19. Potential locations for hazard remediation shall be identified on the Bank Protection Plan (BPP). Modifications to the BPP, required by the City Engineer or the Ventura County Flood Control District, shall be made as requested. The BPP shall also be reviewed by the" Department of Fish and Game for compliance with 1603 Permit requirements. An approved BPP shall be completed prior to approval of the first phase of the Final Map and prior to issuance of any grading permits. CED -20. The grading plan shall indicate the locations of all existing habitat and other sensitive areas required to be protected during grading of the proposed development. These areas shall be fenced and /or staked to prohibit encroachment prior to the initiation of grading activities. A note shall appear on the grading plan indicating all areas within the development where grading or stockpiling is prohibited. CED -21. All areas where grading is not allowed shall be clearly shown on the grading plans (all sheets) . On site haul routes shall be limited to graded areas only and shall be discussed at the on -site pre - grading (pre - construction) meeting and delineated on the phased grading plan and schedule. CED -22. The subdivider shall indicate in writing to the City the disposition of any wells that may exist within the project. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed or abandoned per S: \Community Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM Resolution No. 2000 - Tract 5045/SP2 Page 43 Ventura County Ordinance No. 2372 or Ordinance No. 3991 and per Division of Oil and Gas requirements, under the supervision of the Water Resources and Development Department of Ventura County Public Works. Permits for any well reuse (if' applicable) shall conform with Reuse Permit procedures administered by the County Water Resources Development Department. CED -23. The maximum gradient for any slope shall not exceed a 2:1 slope inclination except where special circumstances exist and a contoured appearance can still be provided. In the case of special circumstances where steeper slopes are warranted, the grading plans will be reviewed by a certified soils engineer and their recommendations will be subject to the review and approval of the City Engineer and the Director of Community Development. CED -24. New slopes adjacent to roadways and development areas shall be graded in such a way that a natural contoured appearance in the graded plane shall be provided. Contour grading of all slopes shall be provided as a design element of the grading plan to the satisfaction of the Director of Community Development and the City Engineer. Creative contour grading techniques shall be used in low density areas where grading will be visible to pubic streets. CED -25. A manufactured appearance to slopes shall be avoided by creating smooth flowing contours of varying gradients, preferably with slopes of 2:1 to 5:1. Sharp cuts and fills and long linear slopes should be avoided, where possible. CED -26. When a proposed subdivision contains average net lot sizes exceeding 20,000 square feet, lot grading shall be limited to building pad and related functional yard area which may not exceed 750 of the size of the lot area. Flat pad grading of the entire lot is discouraged. The grading plan submitted for project review shall clearly delineate graded and natural portions of proposed lots. S: \Com_nunity Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/OC 1:52 PM 000049 Resolution No. 2000 - Tract 5045/SP2 Page 44 CED -27. No grading activities shall take place within 100 feet of blue line stream channels before giving proper notification to the California Department of Fish and Game, Ventura County Flood Control District and the U.S. Army Corps of Engineers. CED -28. All development areas and lots shall be designed so that surface drainage is directed to street frontages or natural or improved drainage courses as approved by the City Engineer. CED -29. Manufactured slopes which are greater than ten (10) feet in height shall be rounded at the top and at the toe of slope to simulate natural topography. At the discretion of the Director of Community Development, side slopes may be exempt from this provision if the height of slope does not exceed 15 percent of the width of the lot and has a slope height of less than ten (10) feet. CED -30. Manufactured slopes in excess of two hundred (200) feet in length and greater than ten (10) feet in height shall be designed with horizontal curvature that simulates the horizontal surface variations of natural contours. CED -31. Any continuous manufactured slope within a subdivision with a slope steepness of 3:1 or steeper, a vertical height of twenty five (25) feet or greater where so allowed, and which abuts five (5) or more lots, shall require the creation of a Homeowners Association or other maintenance entity with provision for the collection of fees or assessments designated specifically to pay costs associated with the maintenance of all slopes falling under this category. The slope maintenance entity, rather than the individual property owners, will be responsible for the maintenance of said slopes. The tentative rough grading plan shall be designed in such a manner that provides access to said slopes by accessible elements and which avoids the necessity of gaining access to the slopes through individual lots. No fences shall be permitted between lots within the slope easement S: \Community Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM 000050 Resolution No. 2000 - Tract 5045/SP2 Page 45 areas. Slope easement areas may be included as lot area for purposes of calculating lot size. Habitable structures shall not be permitted within common slope easement areas. CED -32. The grading plans shall depict the methods used during grading operations which minimizes, to the extent possible, impacts or disruptions to trees which must be protected as identified in the approved oak tree or other applicable tree reports. a. Grading and /or the placement of structures shall be prohibited within the drip line or three feet from the trunks of the tree, whichever is greater. Grading and trenching within this area is to be prohibited. No fill material shall be placed within this area. b. No type of surface, either pervious or impervious, shall be placed within a six -foot radius of tree trunks. These areas shall remain uncovered and natural. C. Alternative pervious types of paving such as gravel, redwood chips, porous brick with sand joints, etc. shall be utilized. d. Retaining walls shall be used to protect existing grades within the drip lines of trees. However, these walls shall not alter drainage from around trees. e. Drainage shall be directed away from tree trunks to ensure that water will not stand at the crown. To avoid drowning trees, water shall not be allowed to pond or collect within the drip line. f. During Construction: i. Trees within a construction area shall be protected from damage by equipment by -installing temporary barriers such as fencing at the drip line. S: \Community Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM 000051 Resolution No. 2000 - Tract 5045/SP2 Page 46 ii. Equipment, debris, building materials and /or excess soil shall not be stored within the drip line. iii. Trenches for utilities or irrigation shall be routed around the drip line where possible. iv. When not restricted by local building codes only one trench shall be dug to accommodate all utilities for lots. Where necessary, the roots shall be carefully pruned by a specialist in proportion to the total amount of root zone lost. The boring of a conduit for underground utilities shall be used where possible. V. The operation of heavy construction equipment shall avoid the drip lines of trees where possible. CED -33. Interior slopes between building pads shall be designed with up -slope property lines. CED -34. Grading on the perimeter of the site shall not be designed with perimeter down - slopes to property lines, unless a homeowners association, assessment district, or similar entity is established for maintenance of such down - slopes. CED -35. To reduce debris from entering sidewalk and streets, the approved grading plan shall show a slough wall, Angelus Standard slumpstone, color to be determined by the Director of Community Development, approximately 18 inches high, with curb outlet drainage to be constructed behind the back of the sidewalk where slopes exceeding 4 feet in height are adjacent to sidewalk. The subdivider shall use the City's standard wall detail during design and construction. All material for the construction of the wall shall be approved by the City Engineer and Director of Community Development. No retaining wall greater than 18 inches in height shall be approved immediately adjacent to a sidewalk. A minimum 2 -foot wide planting area shall be established between the back of S: \Community Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1 :52 PM 000052 Resolution No. 2000 - Tract 5045/SP2 Page 47 sidewalk and any retaining or other property walls. All slough walls shall be shown as part of the approved landscape plan. CED -36. Although exempted from Hillside grading requirements through adoption of Specific Plan No. 2, Applicant shall demonstrate, to the satisfaction of the Director of Community Development, conformance with the principles of the Hillside Management Ordinance concerning contour grading and the preservation of visually prominent ridgelines (horizon lines). Manufactured landforms shall be contoured and daylight grading techniques used to provide a smooth and gradual transition of graded to natural slopes, while preserving the basic character of any ridgelines on the site. Manufactured slopes shall be designed to follow the natural contours of the surrounding areas to provide visual irregularity. Rough and fine grading plans for lots shall be reviewed for compliance with these principles by the Director of Community Development and the City Engineer. The grading plans shall show graded slopes blending with natural slope areas. Compliance with requirements for contour grading shall be demonstrated by the submission prior to the issuance of a grading permit of a computer generated video or engineered model to the satisfaction of the Director of Community Development. CED -37. Areas prone to surficial instability shall be treated using various techniques on a case by case basis, by use of slope retentive vegetation and /or geotextile fabrics, proper irrigation, drainage control, slope refacing or other mitigation techniques, as approved by the City Geologist and Geotechnical Engineer prior to the rough grading permit approval. CED -38. If available within the City limits, the Applicant shall implement the use of reclaimed water for public and private maintenance areas, and landscaping. Prior to issuance of the grading permits, the Applicant shall submit the project's intentions related to the use of reclaimed water to the City Engineer for his review. S: \Community Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1 :52 PM 000053 Resolution No. 2000 - Tract 5045/SP2 Page 48 CED -39. Grading plan and street sections shall provide for all equestrian trails at all required locations, including crossings. The equestrian trail on Spring Road shall extend to "A" Street. CED -40. Where residential access across drainage courses occurs, it should be accomplished by a bridge or aesthetically- enhanced culvert accommodating the access way. Natural materials should be used for slope bank protection where these improvements occur. CED -41. Prior to approval of the initial mass grading, the Applicant shall implement the recommendations of the October, 1995 Cultural Resources Report for the following historic sites: CA -VEN- 1265 -H, Loci A, CA- VEN- 1267 -H, and CA -VEN- 1269 -H. CED -42. During Grading, The following conditions shall apply: Grading may occur during the rainy season from October 15 to April 15 if approved by the City of Moorpark and subject to installation of debris and erosion control facilities. Erosion control measures shall be in place and functional between October 15th and April 15th. Along with the erosion control measures, hydroseeding of all graded slopes shall be required within 30 days of completion of grading of each portion of the grading work. CED -43. That prior to any work being conducted within the State, County, or City right of way, the subdivider shall obtain all necessary encroachment permits from the appropriate Agencies. CED -44. All unimproved areas with vehicle traffic shall be watered periodically and the vehicle speed shall be limited to 15 mph. Signs shall be posted on -site. CED -45. During site preparation and construction, minimize disturbance of natural ground cover on the project site until such activity is required for grading and construction purposes. CED -46. During clearing, grading, earth moving or excavation operations, dust emissions should be controlled by regular watering with reclaimed water, if available, S: \Cornmunity Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM 000054 Resolution No. 2000 - Tract 5045/SP2 Page 49 paving constru measures. The control plan, with submittal grading plan. limited to the ction roads and other dust prevention Applicant /Developer shall submit a dust acceptable to the city, concurrently of the rough (as opposed to the fine) This plan shall include, but is not be following measures: CED -47. 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. CED -48. Cease all clearing, grading, earth moving, or excavation operations during periods of high winds (15 mph or greater in one hour). The contractor shall maintain contact with the Air Pollution Control District (APCD) meteorologist for current information about average wind speeds. CED -49. Water or securely cover all material transported off - site and on -site to prevent excessive amounts of dust. CED -50. Minimize the area disturbed at any one time by clearing, grading, earth moving and excavation so as to prevent excessive amounts of dust. CED -51. Keep all grading and construction equipment on or near the site, until these activities are completed. CED -52. Wash off heavy -duty construction vehicles before they leave the site. CED -53. 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. CED -54. 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 S: \Community Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM 000055 Resolution No. 2000 - Tract 5045/SP2 Page 50 activities, water runoff, etc.) which may have accumulated from construction activities. CED -55. All active portions of the construction site shall be watered sufficiently to suppress excess dust generation. CED -56. All areas experiencing vehicle traffic (e.g. parking areas, dirt roads linking different construction areas, etc.) shall be sufficiently watered and treated with environmentally -safe dust suppressants as often as necessary to prevent excessive amounts of dust. CED -57. The Applicant /Developer shall require that all grading S: \Community Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM 000056 operations shall be conducted so that: CED -58. All employees involved in grading operations on the project wear face masks to reduce the inhalation of dust which may contain the fungus which causes San Joaquin Valley Fever. CED -59. Equipment engines are maintained in good condition and in proper tune as per manufacturers' specifications to prevent excessive emissions. CED -60. All diesel engines used in construction equipment should use high pressure injectors. CED -61. All diesel engines used in construction equipment shall use reformulated diesel fuel. CED -62. During site preparation and construction, temporary storm water diversion structures shall be constructed, operated and maintained per City of Moorpark standards. CED -63. Designated parking areas for construction worker vehicles and for materials storage and assembly shall be provided. These areas shall be set back as far as possible from or otherwise shielded from existing surrounding rural residential neighborhoods situated northwest,.southeast and south of the project site. CED -64. Immediately surrounding property owners shall be notified in writing on a monthly basis of construction schedules involving major grading. S: \Community Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM 000056 Resolution No. 2000 - Tract 5045/SP2 Page 51 CED -65. 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 -66. Truck noise from hauling operations shall be minimized through establishing hauling routes which avoid residential areas and requiring that "Engine Exhaust Brakes" not be used along the haul route within the City. The hauling plan must be identified as part of the grading plan and approved by the City Engineer. CED -67. The Applicant /Developer shall ensure that construction equipment is fitted with modern sound - reduction equipment. CED -68. Equipment not in use for more than ten minutes should be turned off. CED -69. The fuel injection grading of all diesel engines used in construction equipment should be retarded two degrees from the manufacturer's recommendation. CED -70. No exceptions shall be permitted to construction activity limitations stipulated by the City Noise Ordinance in effect at the time of the RPD permit approval. CED -71. The Applicant shall provide staging areas on -site to minimize off -site transportation of heavy construction equipment and shall locate these areas to maximize the distance between activity and residential area. CED -72. Construction grading shall be discontinued on days for first stage ozone alerts (concentration of 0.20 ppm) as indicated at the Ventura County APCD air quality monitoring station closest to the City of Moorpark. Grading and excavation operations shall not resume until the first stage smog alert expires. S: \Community -)evelopment \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM 0,00057 / Resolution No. 2000 - Tract 5045/SP2 Page 52 CED -73. 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 -74. During smog season (May - October) the City shall order that construction cease during Stage III alerts to minimize the number of vehicles and equipment operating, lower ozone levels and protect equipment operators from excessive smog levels. The City, at its discretion, may also limit construction during Stage II alerts. CED -75. The subdivider shall utilize all prudent and reasonable measures (including installation of a 6- foot high chain link fence around the construction sites or provision of a full time licensed security guard) to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury. CED -76. The subdivider shall remove potentially compressible recent alluvium shall be down to firm formational earth materials and replace it as recompacted fill. CED -77. The subdivider shall compact graded fills that are placed at depths greater than 20 feet below proposed grade elevations to a minimum of 95 percent relative compaction. Changes in fill depth beneath structures shall be kept nominal to help reduce potential total and differential settlement as the result of variable fill thickness (per Specific Plan No. 2). CED -78. The City approved geotechnical engineer shall carefully observe rough grading removals and re- compaction to ensure that grading is performed in a manner that is geotechnically acceptable for structural foundation support, slope stability and long term site performance (per Specific Plan No. 2). S: \Community Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM Resolution No. 2000 - Tract 5045/SP2 Page 53 CED -79. The subdivider shall institute a Cultural Resource Monitoring Program during the initial vegetation clearance and grading for the project including the adjacent off -site infrastructure improvements. The purpose of this monitoring program is to determine if any significant deposits not identified during the records search and field survey exist within the project boundary and off -site infrastructure improvement areas. The monitoring shall be limited to the initial vegetation clearance and initial grading phase of the grading program. If cultural deposits meeting the significance criteria defined in CEQA Guidelines are encountered, limited data recovery shall be conducted. CED -80. When archeological or historical finds are uncovered during excavation operations, all grading and excavation shall cease in the immediate area, and the find left untouched. The subdivider shall assure the preservation of the site; shall obtain the services of a qualified paleontologist or archeologist, whichever is appropriate to recommend disposition of the site, and shall obtain the Director of Community Development's written concurrence of the recommended disposition before resuming development (per Specific Plan No. 2). CED -81. Storage of construction materials and equipment shall be centralized, and is prohibited within natural open space areas. CED -82. Geotechnical /Geology Review: The subdivider shall submit to the City of Moorpark for review and approval, detailed Geotechnical Engineering and Engineering Geology Reports certified by a California Registered Civil Engineer and Geologist. The geotechnical engineering report investigation with regard to liqt soils, and seismic safety. The discuss the contents of the soils or absence of any hazardous contaminants in the soils. shall include an tefaction, expansive report shall also as to the presence waste or other S: \Community Development \Everyone \Resolutions and Cond_tions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM Resolution No. 2000 - Tract 5045/SP2 Page 54 a. In addition, the engineering soils report shall discuss the contents of the soils and presence or absence of any hazardous waste or other contaminants. b. Note: Review of the geotechnical engineering and engineering geology reports, by the City's Geologist and Geotechnical Engineer, shall be required. The subdivider shall reimburse the City for all costs including the City's administrative fee for this review. CED -83. All recommendations included in the approved geotechnical engineering and engineering geology reports shall be implemented during project design, grading, and construction in accordance with the approved Project. The improvement and grading plans shall conform with the soil engineer's and engineering geologist's recommendations. CED -84. Unless subsequent geotechnical studies direct otherwise, landslides shall be removed and re- compacted during grading. Alternatively, in some instances, landslides or unstable slopes can potentially be stabilized by constructing buttress or stabilization fill slopes to reduce their potential for future down slope movement. All cut and fill slopes, foundations and structures shall be designed and constructed to comply with the Uniform Building Code (UBC), most recent edition, and applicable City Grading Ordinances. CED -85. Prior to recordation of any Phase of the Final Map, the subdivider shall prepare an agreement which indemnifies and holds harmless the City of Moorpark and its agents from future claims which may result from any landslide, subsidence, or other adverse geologic conditions that may occur at this site. CED -86. The subdivider or subsequent developers shall contract with an engineering geologist to study any unanticipated faults exposed during grading to detect any evidence of possible recent activity. No structure shall be placed within 50 feet of any fault S: \Community Development \Everyone \Resolutions and Conditions \sP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM Resolution No. 2000 - Tract 5045/SP2 Page 55 trace which exhibits recent activity. Final grading requirements for residential facilities shall be defined by an engineering geologist. All geological recommendations shall be reviewed and approved by the City Engineer and the City's consulting geologist. CED -87. All habitable structures shall be designed according to the most recent UBC requirements to accommodate structural impacts from ground acceleration and maximum credible earthquake event. Prior to issuance of the first building permit, it shall be proven to the City's Geologist and Geotechnical Engineer that all structures are designed in accordance with the seismic design provisions of the Uniform Building Code. CED -88. All geotechnically restricted use zones and building setbacks shall be clearly delineated on the recorded Tract Map. CED -89. All existing fault trench backfill shall be identified on the 1 " =40' scale geologic maps to be produced during the grading plan review. CED -90. The subdivider shall provide more detailed testing and evaluation of material properties, in particular, cohesion of saturated granular soils, as part of the 40 -scale geotechnical study. CED -91. Stability evaluation of inter -lot slopes is required in certain areas. For example, bedding on the south limb of the Moorpark Anticline may represent an adverse condition for the approximately 30 -foot high, generally south facing 2:1 gradient cut slope at the rear of Lots 304 -311, 355 and 356. Similar conditions may occur elsewhere within the tract and shall be evaluated by the project geotechnical consultant on a slope by slope basis. CED -92. Specific provisions in the grading and improvement plans are required for outletting canyon subdrains across deep alluvial removal areas. CED -93. The subdivider shall design and construct all portions of Spring Road, Walnut Canyon Road and "C" Street S: \Cormur:ity Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1_:52 PM 0®0061 Resolution No. 2000 - Tract 5045/SP2 Page 56 required by these conditions of approval using the following criteria. The criteria is listed in order of descending precedence. a. The design shall use a design period of 30 years. b. The design shall provide for the use of subdrains below the pavement section. C. Settlement and slip of fill sections shall be reduced to the lowest achievable amount by .surcharging. The subdivider shall prepare stability and settlement studies to the satisfaction of the City Engineer, surcharging shall continue until no detectable settlement occurs over a 30 day period. d. Equivalent axle load counts shall be determined with consideration of Traffic Growth Factors to the satisfaction of the City Engineer. e. The most recent edition of the Caltrans "Highway Design Manual." CED -94. The subdivider shall pay all costs for the City approved geotechnical engineer to monitor rough grading and conduct expansion tests on representative soils within influence of structure foundations prior to their final design and construction. CED -95. Moderate to very highly expansive soils are locally present in relatively minor amounts beneath portions of the project site. These materials shall be placed near the bottom of planned deep (canyon) fills (i.e., 10' or more below finished pad grade) where they would have no impact upon proposed structures, as verified by the City's Geologist and Geotechnical Engineer. a. Mixing of localized expansive soils with more common granular non - expansive soils present on- site shall be performed during the rough grading to minimize the expansion potential of graded fills, as verified by the City's Geologist and Geotechnical Engineer. S: \Community Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM 000062 Resolution No. 2000 - Tract 5045/SP2 Page 57 CED -96. Storm Water Runoff and Flood Control Planning: The subdivider shall submit to the City of Moorpark for review and approval, drainage plans, hydrologic and hydraulic calculations prepared by a California Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements and payment of all contractors, laborers and materials suppliers. CED -97. The plans shall depict all on -site and off -site drainage structures required by the City. CED -98. The drainage plans and calculations shall indicate the following conditions before and after development: a. Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention facilities, and drainage courses. Hydrology shall be per the current Ventura County Standards except as follows: i. All storm drains shall carry a 10 -year frequency storm; ii. All catch basins shall carry a 10 -year storm; iii. 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; iv. All culverts shall carry a 100 -year frequency storm; V. Drainage facilities shall be provided such that surface flows are intercepted and contained in a storm drain system prior to entering collector or secondary roadways; vi. Under a 10 -year frequency storm, local, residential and private streets shall have one dry travel lane available on interior S: \Community Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:32 PM 000063 Resolution No. 2000 - Tract 5045/SP2 Page 58 residential streets have a minimum of each direction; Collector streets shall one dry travel lane in vii. 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 Applicant; viii. All drainage grates shall be designed and constructed with provisions to provide adequate bicycle safety to the satisfaction of the City Engineer; ix. If the land to be occupied is in an area of special flood hazard, the Applicant shall notify all potential buyers in writing of this hazard condition. The grading plan shall also show contours indicating the 50- year and 100 -year flood levels. X . All flows from brow ditches, ribbon gutters and similar devices shall be deposited into the storm drain system prior to entering streets or other approved locations. If necessary, the storm drain system 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 owners unless otherwise approved by the City Council. xi. Concrete drainage structures shall be tan colored concrete, as approved by the Director of Community Development, and to the extent possible shall incorporate natural structure and landscape to reduce their visibility. xii. 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 S: \Ccmmunity Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM 000064 Resolution No. 2000 - Tract 5045/SP2 Page 59 discharge, subject to review and approval of the City Engineer. xiii. 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 Applicant shall make any downstream improvements, required by Ventura County Flood Control and the City of Moorpark, to support the proposed development. xiv. Improvements shall be constructed to detain drainage on -site when the drainage amount is between the ten -year and fifty -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. xv. Detention facilities shall be constructed to prevent entry by unauthorized persons. Such measures shall include fencing, entry grates, trash racks and similar provisions. Access to detention basins shall be provided via all - weather gated access roads. CED -99. The subdivider shall demonstrate for each building pad within every Phase of the Final Vesting Map that the following restrictions and protections can be put in place to the satisfaction of the City Engineer: a. Adequate protection from a 100 -year frequency storm; and b. Feasible access during a 50 -year frequency storm. C. Hydrology and hydraulic calculations shall be per current Ventura County Standards. CED -100. The subdivider shall obtain a permit from the State Water Resources Control Board for "All storm water discharges associated with a construction activity where clearing, grading, and excavation results in land disturbances of five or more acres." S: \Community Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM 000065 Resolution No. 2000 - Tract 5045/SP2 Page 60 CED -101. City Ordinance No. 100 and the Federal Emergency Management Agency (FEMA), require updating of the National Flood Insurance Program maps for affected areas whenever any alteration of the watercourse is made. If a FIRM map revision is necessary, all materials required by FEMA for a map revision shall be provided to the City Engineer's office. This material will demonstrate the revised flood plain locations following development. This information will be forwarded by the City Engineer to the FEMA for review and updating of the National Flood Insurance Program maps. If updates to the flood zone have been made a conditional letter of map revision (if required by FEMA) shall be provided to the City prior to issuance of a zone clearance for occupancy of the first residential unit. The subdivider will be responsible for all costs charged by the FEMA and the City's administrative costs. CED -102. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. CED -103. The subdivider shall provide for all necessary on -site and off -site storm drain facilities required by the City to accommodate upstream and on -site flows. Facilities, as conceptually approved in the EIR or subsequently required studies and approved by the City, shall be delineated on the final drainage plans. Either on -site detention basins or storm water acceptance deeds from off -site property owners must be specified. These facilities must also be acceptable to the Ventura County Flood Control District. CED -104. Any lot -to -lot drainage easements and secondary drainage easements shall be delineated on the Final Map. Assurance in the form of an agreement shall be provided to the City that these easements will be adequately maintained by property owners to safely convey storm water flows. The CC &Rs shall be submitted to the City Engineer for review and approval, and shall include provisions for the Homeowner's Association to maintain any private storm S: \Comcnunity Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 ?M o�oo.. Resolution No. 2000 - Tract 5045/SP2 Page 61 drainage systems not maintained by a City assessment district, and shall be binding upon future property owners. CED -105. Runoff from developed areas shall be diverted to detention basins, or underground oil and hydrocarbon interceptors or other Best Management Practices, as determined by the City Engineer. These devices shall be designed by a registered civil engineer as part of the drainage improvement plans for the project. CED -106. All runoff from man made impervious surfaces such as parking lots shall be filtered before discharge into drainage facilities leading offsite to minimize surface runoff of potential water contaminants CED -107. National Pollutant Discharge Elimination System (NPDES) : All areas within this Tentative Map shall comply with the requirements of the National Pollutant Discharge and Elimination systems (NPDES) storm water process, the Ventura County 208 Water Quality Management Plan, and the specific requirements of the county's storm water permits for construction. All permits relating to the storm water system within the Planning Area to be developed shall be obtained and submitted to the City Engineer prior to the issuance of a grading permit within the Planning Area. CED -108. 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 Storm water Pollution Control Plan ( SWPCP) , on the form provided by the City for the review and approval of the City Engineer. CED -109. The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Storm water Quality Management Program, NPDES Permit No. CAS063339. CED -110. The SWPCP shall identify potential pollutant sources that may affect the quality of discharges to storm water and shall include the design and placement of recommended. Best Management Practices (BMPs) to effectively prohibit the entry of pollutants from the S: \Community Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM 000067 Resolution No. 2000 - Tract 5045/SP2 Page 62 construction site into the storm drain system during construction. CED -111. The Applicant 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 Applicant /owner shall 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 Storm Water Pollution Prevention Plan (SWPPP). The Applicant shall submit a Notice of Intent (NOI) to the City Engineers office as proof of permit application. CED -112. The Applicant shall also comply with NPDES objectives as outlined in the "Storm water Pollution Control Guidelines for Construction Sites." This handout is available at the City Engineers office and a copy will be attached to the approved grading permit. CED -113. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Storm water Quality Management Program, NPDES Permit No. CAS063339. CED -114. The project construction plans shall note and incorporate that the contractor shall comply to the "California Storm Water Best Management Practice Handbooks " - Best Management Practices (BMPs) applicable to the development for the review and approval of the City Engineer. Said requirements shall include the following: a. All on -site storm drain inlets shall be labeled "Don't Dump - Drains to Arroyo ". b. No outdoor vehicle maintenance shall be allowed. S: \Community Developmen- \7-veryone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM Resolution No. 2000 - Tract 5045/SP2 Page 63 c. All common area property shall be maintained free of litter and debris. d. All on -site storm drains shall be cleaned, using approved methods, at least twice a year, once immediately prior to October 1, the rainy season, and once in January. e. All common sidewalks, walkways, and parking areas shall be swept regularly to prevent the accumulation of litter and debris from entering the storm drain. No cleaning agent shall be discharged into a storm drain system. If any cleaning agent or degreaser is used, wash water shall not be discharged to the storm drain but shall be discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review and approval of the County Waterworks District No. 1. CED -115. If required by the City Engineer, hydrocarbon interceptors shall be installed in all on -site and off -site storm drain inlets. In the event, such gi=ea-se hydrocarbon interceptors traps are required to be installed in any on -site inlet; the Applicant shall provide the City with a maintenance program for such devices. The owner /manager of the development shall maintain such hydrocarbon interceptors in a manner consistent with requirements of the Maintenance Program. CED -116. Prior to submittal of a Final Map for any phase of the project, the Applicant shall design and receive approval by the City Engineer and the VCFCD, for a Storm Water Quality Management Plan for the entire project. The Storm Water Management Quality Plan shall contain, at a minimum, the following measures to mitigate storm water runoff quality into the Arroyo Simi: a. Storm Water Pollution Prevention Plan in accordance with the state's NPDES requirements; b. Measures described in the county's 208 Water Quality Management Plan; S: \Community Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM 000069 Resolution No. 2000 - Tract 5045/SP2 Page 64 C. Federal EPA /NOAA guidance measures for coastal non -point source pollution; d. Other measures from the State Municipal Best Management Practices (BMPs) Manual; e. A long term, post construction water quality management plan, describing commitments to install and maintain structural facilities and to conduct nonstructural BMPs consistent with the 208 Water Quality Management Plan; and f. Flood control improvements whose design is sensitive to surface water quality management. CED -117. The subdivider shall: a. Submit to the City of Moorpark, street improvement plans prepared by a Registered Civil Engineer per the County of Ventura Public Works Agency Road Standards (most recent revision); b. Enter into an agreement with the City of Moorpark to complete the improvements, C. Post sufficient surety guaranteeing the construction of the improvements and payment for the labor and materials therein. d. Insure that all streets constructed within the subdivision comply with the approved Traffic Index. CED -118. The street improvements shall include concrete curb and gutter, sidewalk, parkways, median(s), street lights, traffic signals, striping and signing, traffic control, paving, and any necessary transitions to the satisfaction of the City Engineer. Developer shall 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. Additionally, Developer shall form one or more S: \Co- mnunity Development \ Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM 1 ,t. ,' ' Resolution No. 2000 - Tract 5045/SP2 Page 65 property owner associations and will 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. CED -119. All driveway locations shall be approved by the City Engineer and the Director of Community Development. The subdivider shall dedicate the necessary right -of- way to make all of the required improvements. CED -120. The subdivider shall install street name signs in conjunction with the road improvements. The type of sign shall be in accordance with Plate F -4 of the Ventura County Road Standards. CED -121. The subdivider shall submit an updated traffic impact study /analysis which includes discussion, location, and warrant studies required and proposed traffic signals. CED -122. All street and driveway curb returns from 4 and 6 lane arterials (primary and secondary controlled access) shall be 45 feet. CED -123. All streets required by these conditions and shown on the tentative map shall be designed in accordance with the applicable Ventura County Road Standard Plates excepting only that they be modified to conform to the cross sections shown on Exhibits 11A, 11b and 11C of the Moorpark Highlands Specific Plan No. 2. CED -124. Spring Road: Spring Road shall be designed per City of Moorpark requirement with right -of -way varying between 94 -104 feet in width and lane configurations as modified per Exhibits 11A and 11B of the approved Moorpark Highlands, Specific Plan No. 2. All other design criteria shall conform to the Ventura County Road Standards Plate B -2 B and be subject to final approval by the City Engineer. The entire length of S: \Community Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM 000071 Resolution No. 2000 - Tract 5045/SP2 Page 66 Spring Road shall be posted to preclude use as a truck route. CED -125. The improvements on Spring Road shall typically provide a right -of -way of 104 feet, a 14 foot median, two 12 foot northbound travel lanes, two 12 foot southbound travel lanes, one 8 foot Class I bike lane within the east side of the right -of -way separated from the travel and parking lanes; one 8 foot Class II bike lane on the west side of the street; two 8 foot Emergency parking lanes (one shared with the Class II bike lane on the west side of the street) ; a 4 foot landscaped strip adjacent to the curb on each side of the street; a 5 foot sidewalk on each side of the street; a 12 foot multi -use trail, outside the right - of -way, on the west side between the "A" Street intersection and the Walnut Canyon Road intersection; and, a 12 foot multi -use trail, outside the right -of- way, on the east side of the street between the "C" Street intersection and the Walnut Canyon Road intersection consistent with Exhibits 11A and 12 of the approved Moorpark Highlands Specific Plan No. 2. CED -126. The improvements on the southerly portion of Spring Road within the Habitat Conservation Plan (HCP) Area shall provide a right -of -way of 94 feet, a 10 foot median, two 12 foot northbound travel lanes, two 12 foot southbound travel lanes, one 8 foot Class I bike lane on the east side of the street, one 8 foot Class II bike lane on the west side of the street, with Emergency parking lanes shared with the bike lanes, an 8 foot landscaped strip adjacent to the curb on the west of the street, a 10 foot multi -use bike and pedestrian way, with a 2 foot landscape strip adjacent, on the east side of the street consistent with Exhibits 11B & 12 of the approved Moorpark Highlands Specific Plan No. 2. CED -127. The intersection of Walnut Canyon Road (State Route 23) and Spring Road shall be designed in accordance with the conceptual design shown on the tentative map and in consultation with the City and CALTRANS to assure that acceptable turning radii, lane widths, S: \Community Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1 :52 PM 0000'72 Resolution No. 2000 - Tract 5045/SP2 Page 67 shoulders, lane tapers, and adequate acceleration and deceleration improvements are constructed and adequate sight distance is provided. Modifications to State Route 23, as required by CALTRANS, shall be constructed prior to occupancy of the first residential unit of Tract No. 5045. An encroachment permit shall be obtained from CALTRANS prior to construction of any proposed roadway improvements. Any additional right -of -way required to implement the CALTRANS approved design for this intersection shall be acquired by the subdivider and dedicated to the City in an acceptable form. Prominent signing designating truck movements shall be incorporated into the design. CED -128. The final design for the Spring Road, Walnut Canyon Road intersection shall be reviewed and approved by the Director of Community Development and City Engineer prior to the issuance of a rough grading permit. CED -129. Prior to occupancy of the first residential unit of Tract 5045 the subdivider shall improve Spring Road as specified in these conditions. CED -130. "C" Street: "C" Street shall be designed per City of Moorpark requirements with right -of -way of 104 feet in width and lane configurations as modified per Exhibit 11A of the approved Moorpark Specific Plan No. 2. All other design criteria shall conform to the Ventura County Road Standards Plate B -2 B and be subject to final approval by the City Engineer. CED -131. The improvements on "C" Street shall typically provide a right -of -way of 104 feet, a 14 foot median, two 12 foot westbound travel lanes, two 12 foot eastbound travel lane, one 8 foot Class I bike lane on the south side of the street, one 8 foot Class II bike lane on the north side of the street, two 8 foot Emergency parking lanes (one shared with the Class II bike lane), a 4 foot landscaped strip adjacent to the curb on each side of the street, a 5 foot sidewalk on each side of the street, a 12 foot multi -use trail, outside S: \Community Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:32 PM 0000-73 3 Resolution No. 2000 - Tract 5045/SP2 Page 68 the right -of -way, on the north side of the street consistent with Exhibits 11A and 12 of the approved Moorpark Highlands Specific Plan No. 2. CED -132. The intersection of "C" Street and Spring Road shall be designed to assure that acceptable turning radii, lane widths, shoulders, lane tapers, and adequate acceleration and deceleration improvements are constructed as approved by the City Engineer. CED -133. Prior to occupancy of the first residential dwelling unit, all phased roadway improvements shall be completed and inspected to the satisfaction of the City Public Works Director and the City Engineer, as appropriate. An encroachment permit shall be obtained from The City of Moorpark prior to construction of any proposed roadway improvements. Any additional right - of -way required to implement the finally approved design for entrances and intersections shall be acquired by the subdivider and dedicated to the City in a manner acceptable to the City. CED -134. Entry monumentation that does not interfere with sight- distance or turning movements shall be incorporated into the project entrance planning. Landscaping shall be provided appropriate to the entry that will not interfere with sight- distance or turning movement operations. CED -135. The final design for the "C" Street project entrance shall be submitted to the Director of Community Development and the City Engineer for their review and approval prior to the issuance of a rough grading permit. CED -136. Interior Streets: "A" Street shall be designed per City of Moorpark requirements with varying right -of- way of 60 -80 feet in width and lane configurations as modified per Exhibits 10 and 11C of the approved Moorpark Highlands Specific Plan No. 2. a. The improvements on "A" Street shall typically provide a right -of -way of 60 feet, one 12 foot north /eastbound travel lane, one 12 foot south /westbound travel lane, an 8 foot Class II S: \Community Development \Everyone \Resolutions and Condit4ons \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM 000074 Resolution No. 2000 - Tract 5045/SP2 Page 69 bike/ Emergency parking lane on each side of the street, a 5 foot landscaped strip adjacent to the curb on each side of the street, a 5 foot sidewalk on each side of the street consistent with Exhibit 11C of the approved Moorpark Specific Plan No. 2. All other design criteria shall conform to the Ventura County Road Standards Plate B -4 A and be subject to final approval by the City Engineer. b. The improvements on "A" Street, adjacent to the school /park site, shall provide a right -of -way of 80 feet, a variable width median to accommodate left turn movements, 24 feet of paved area on each side of the street including an 8 foot Class II bike/ Emergency parking lane on each side of the street, a 5 foot landscaped strip adjacent to the curb on each side of the street, a 5 foot sidewalk on each side of the street consistent with Exhibit 10 of the approved Moorpark Specific Plan No. 2, subject to the approval of the Public Works and Community Development Departments. All other design criteria shall conform to the Ventura County Road Standards Plate B -3 A and be subject to final approval by the City Engineer. CED -137. All other publicly dedicated interior streets shall be per Ventura County Standard Plate B -4B having a fifty - six (56) foot right of way, thirty -six (36) foot pavement width, and ten (10) foot parkways. Sidewalks shall be five (5) feet in width. CED -138. Other Street Improvements: The arterial and potential collector right -of -ways within the improved streets required by these conditions of approval shall allow for the implementation of bus turn -outs. The specific location of bus stops and the type of stops to be provided shall be determined to the satisfaction of the City Engineer and the Director of Community Development prior to the subdivision map approval. Covered bus stop benches are required to be provided for each bus stop. No bus stops shall be installed S: \Community Development \Evervone \Resolutior.s and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:32 PM 000075 Resolution No. 2000 - Tract 5045/SP2 Page 70 along Spring Road between the right -of -way reservation area for State Route 118 and Charles Street. a. Street lights shall be provided per Ventura County Standards and as approved by the City Engineer. Street lighting and rural lot lighting standards specified by Ventura County Standard Plate F -9 and F -10, using cut off lenses, shall be incorporated into the project street /lighting design plans. The subdivider shall provide a photometric plan showing a point -by -point foot candle layout to extend a minimum of twenty (20) feet outside the street boundaries. The layout plan is to be based on a ten(10) foot grid center. b. The final design of all sidewalks, barrier walls, streetscape elements, urban landscaping, and pedestrian paths within the project limits are subject to the approval of the Director of Community Development. C. The subdivider shall adhere to Business and Professions Code Section 8771, which requires that all monuments be located and tied out prior to any construction or relocation of a street. d. The surveyor shall certify on the proposed street improvement plans that all recorded monuments in the construction area have been located and either protected in place or replaced pursuant to State Assembly Bill 1414. e. The subdivider shall provide slope easements, for road maintenance purposes, along all roads where the top of cut plus 5 feet or the toe of fill plus 5 feet is beyond the dedicated right of way. f. 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. Cabinets shall utilize screen S: \Commur_ity Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM 000076 Resolution No. 2000 - Tract 5045/SP2 Page 71 planting, where appropriate. All screen planting is to be approved by the Public Works, Community Development and City Engineering Departments. CED -139. Other Fees and Improvement Design Requirements: Prior to recordation of the Final Map, the Developer shall pay to the City the Los Angeles Avenue Area of Contribution (AOC) fee. The AOC fee shall be the dollar amount in effect at the time of issuance of the building permit for each of the residential units and institutional uses. a. Developer at its sole cost and expense shall construct all public bicycle and equestrian trail systems identified in Specific Plan No. 2. Costs shall include but not be limited to, cost of construction, amenities, landscaping and inspection and City administrative costs. Developer shall also at its sole cost and expense prepare a design, and plans, and specifications for submittal to City. City shall approve design and plans and specifications at its sole discretion. The required improvements shall also include construction of equestrian crossings at or near street intersections as determined necessary by the City at its sole discretion. Developer shall at its sole cost and expense provide to City a cash deposit in the amount of One Hundred and Fifty Thousand Dollars ($150,000.00) to fund the maintenance of the trail system. Payment shall be made prior to occupancy of the five hundredth (500th) residential unit. b. Developer shall at its sole cost and expense irrevocably offer to dedicate to City the right of way for an extension of "C" Street from the terminus of the "C" Street improvements required in the Specific Plan and Subsequent Approvals to the eastern boundary of the Project. At City's sole option, Developer shall provide a surety in a form and amount approved by City at its sole S: \Community Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/CO 1:52 PM 000077 Resolution No. 2000 - Tract 5045/SP2 Page 72 discretion to guarantee the construction of that portion of "C" Street described above. C. Developer shall acquire at its sole cost and expense the property needed to improve the intersection of Charles Street and Spring Road including the vacant properties at the northwest and southwest corners of said intersection. Any property acquired in excess of that needed for the actual travel or bike lanes or sidewalk shall be landscaped, and /or otherwise improved in a manner determined by the City at its sole discretion and the Developer's sole cost and expense including a block wall at the property line. Properties and improvements shall be maintained by the Homeowners' Association, or Maintenance District as determined by the City Council prior to Final Map approval. d. Developer shall at its sole cost and expense irrevocably offer to dedicate to City a) that portion of the Project area fronting on Los Angeles Avenue (old) needed by the City for construction and related slope construction easements for City funded street improvements on Los Angeles Avenue; and b) any property adjacent to the extension of Spring Road between "C" Street and Walnut Canyon Road needed for ultimate build out of Spring Road not required to be constructed by Developer as part of the Project. e. Future rights -of -way for State Route 118 and State Route 23, as shown on the Specific Plan Land Use Map, and the Tentative Tract Map, shall be irrevocably offered for dedication to the City in a form approved by the City Attorney. f. Developer shall at its sole cost and expense to install traffic signals at any intersection within the Project area and at off -site locations as determined by the City at its sole discretion including but not limited to Charles Street /Spring Road, "C" Street /Spring Road, "C" S: \Community Development \Everyone \Resolutions and Conditions \sP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM Resolution No. 2000 - Tract 5045/SP2 Page 73 Street /Unnamed loop street ( "A" Street) , Spring Road /Walnut Canyon Road, and modification to High Street /Spring Road. Final design, plans and specifications shall be as approved by the City Council and shall include an interconnect system for all required traffic signals. Developer shall also pay City's costs for plan check and inspection plus City administrative costs. g. Except for "C" Street, Walnut Canyon Road and Spring Road, where streets are to be constructed with an asphalt concrete thickness equal to or greater than five (5) inches, the subdivider shall construct all streets in two lifts. The first lift shall be constructed using the appropriate aggregate base thickness and no less than 2 -1/2 inches of asphalt concrete. Subsequent to the completion of all utility cuts and construction of buildings and improvements on each street the subdivider shall construct the second lift consisting of 1 -1/2 inches of asphalt concrete over paving fabric to achieve the required street structural section. Final street surfacing shall be completed prior to occupancy or issuance of a Certificate of Occupancy of any building fronting on, or served by, the street receiving its final surfacing. Should any street be damaged prior to acceptance for maintenance by the City the subdivider shall remove and replace the damaged sections. Should any street not have its final 1 -1/2 inches of surfacing placed within a two year period after the initial course the subdivider shall fund deflection testing and pavement condition assessment. Such testing and assessment shall be performed to the satisfaction of the City Engineer. The subdivider shall comply with the recommendations of Testing and Assessment Program. All streets and associated facilities shall remain under full surety until accepted for maintenance by action of the City Council and shall remain under warranty surety for an additional one year period. S: \Community Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM 0000'79 Resolution No. 2000 - Tract 5045/SP2 Page 74 h. For the portion of Spring Road constructed throughout the project area, the Developer shall provide surety to fully cover the cost of a 1 -1/2 inch overlay to be constructed after the final occupancy permit is issued. i. Any right -of -way acquisition necessary to complete the required improvements will be acquired by the subdivider at its sole expense. j. Publicly dedicated streets shall conform to the design requirements of the Ventura County Road Standards (most recent revision) as approved or modified by the City Engineer, except as follows: i. Sidewalks to be a minimum of five (5) feet wide at all points. Provisions shall be made around obstructions to maintain this minimum width. ii. All parkways shall maintain a crossfall of 20 toward the street for a minimum distance of 10 feet from the curb face. In areas where a slope would intercept the 10 foot wide parkway area, the developer shall cause a retaining wall to be constructed at a location 10 feet behind the face of curb. This retaining wall height shall not exceed 3 feet unless approved by the Director of Community Development. The wall shall be shown on the street plans and landscaping plans. iii. Where blow -off valves are required by the Ventura County Waterworks District an underground installation shall be required and incorporated into the overall design of the right -of -way improvements and maintain ADA requirements at all times. k. Special intersection treatment designs involving variations in paving material, where major pedestrian and vehicular circulation elements intersect, shall be approved by the Director of Public Works and Director of S: \Community Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 0//27/00 1:52 PM 000080 Resolution No. 2000 - Tract 5045/SP2 Page 75 Community Development for private roads only. If a special intersection treatment is used, all maintenance for the special pavement treatment (i.e. stamped concrete, cobble stone, etc.) shall be borne by a Homeowners Association, or similar entity. 1. The subdivider shall post sufficient surety guaranteeing completion of all improvements which revert to the City (i.e., grading, street improvements, signalization, storm drain improvements, sewer improvements, landscaping, parks, fencing, bridges, etc.) or which require removal (i.e., model homes, temporary debris basin, etc.) in a form acceptable to the City. The subdivision surety agreement shall include provisions for all off -site improvements along the entire frontage of Tract 5045 and other offsite improvements required by the conditions as described herein and as required by the mitigation measures of the approved EIR. M. The subdivider shall demonstrate legal access to all parcels to the satisfaction of the City Engineer. CED -140. Utilities: All proposed utility lines within and immediately adjacent to the project site (as determined by the Director of Community Development and the City Engineer) shall be placed underground to the nearest off -site utility pole. All existing utilities shall also be underground to the nearest off -site utility pole with the exception of 66 KVA or larger power lines. This requirement for undergrounding includes all aboveground power poles on the project site as well as those along the frontage of the site. The Applicant shall indicate in writing how this condition will be satisfied. Any above grade utility facilities shall be placed adjacent to landscaped areas and screened on three sides. a. Utilities, facilities and services for the project area will be extended and /or constructed S: \Community Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/OC 1:52 PM Resolution No. 2000 - Tract 5045/SP2 Page 76 in conjunction with its phased development by the master developer as the project proceeds. b. The subdivider will be responsible for the construction of all onsite and offsite sanitary sewer facilities to serve the project. The subdivider shall enter into an agreement with Ventura County Water Works District No. 1 (VCWWD) to construct the improvements and the system will be dedicated to VCWWD No. 1 for maintenance. C. Prior to Final Map recordation of any phase, the City, Calleguas Municipal Water District and Water District No. 1 shall approve final plans for water distribution. Either the subdivider shall construct the required distribution facilities or enter into an agreement with the Calleguas Municipal Water District and /or County Waterworks District No. 1 stating when and how facilities will be funded and constructed. The system will be designed and constructed to meet the requirements of the proposed land uses and applicable City, Calleguas and VCWWD No. 1 standards. d. Provisions for electrical, natural gas, telephone and solid waste collection services and cable television to the Project Area shall be made prior to development of the project area. All services must be extended by each respective company to meet future demands of the Project Area. Natural gas service shall be provided by Southern California Gas. Electric service shall be provided by Southern California Edison. Telephone service shall be provided by Pacific Bell. Solid waste collection shall be provided by private companies as regulated by the City. These services shall be phased in conjunction with development of the project area. e. Prior to recordation of any phase of the Final Map, an unconditional availability letter shall be obtained from the County Waterworks District S: \Community Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 FM 000082 Resolution No. 2000 - Tract 5045/SP2 Page 77 No. 1 for sewer and water service to 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 Applicant 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. f. Provisions for electrical, natural gas, telephone and solid waste collection services and cable television to the Project Area shall be made prior to development of the project area. All services must be extended by each respective company to meet future demands of the Project Area. Natural gas service shall be provided by Southern California Gas. Electric service shall be provided by Southern California Edison. Telephone service shall be provided by Pacific Bell. Solid waste collection shall be provided by private companies as regulated by the City. These services shall be phased in conjunction with development of the project area. Prior to approval of any Final Map for Tentative Tract 5045, the City at its sole discretion shall determine if the street light system shall be owned by the City or the electric utility company and if the street lights in Tract 5045 shall be _placed in a zone of benefit or_Eart of the Citywide system_ for maintenance and funding purposes. The subdivider shall pay all energy costs associated with street lighting for a period_ of one year from the acceptance of the street improvements. S: \Community Development \Everyone \Reso'utions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM 000083 Resolution No. 2000 - Tract 5045/SP2 Page 78 CED -141. Developer shall at its sole cost and expense to install traffic signals at any intersection within the Project area and at off -site locations as determined by the City at its sole discretion including but not limited to Charles Street /Spring Road, "'C" Street_ /Spring Road, "C" Street /Unnamed loop street ( "A" Street), Spring Road /Walnut Canyon Road, and modification to High Street /Spring Road. Final design, plans and specifications shall be as approved by the City Council and shall include an interconnect system for all required traffic signals. Developer shall also pay City's costs for plan check and inspection plus City administrative costs. CED -142. Infrastructure Planning: Prior to City Council approval of any phase of the Final Map, the proposed infrastructure plan for the project shall be designed to place all required sewer and reclaimed water conveyance facilities in the alignment approved by the City Engineer. The subdivider shall obtain all necessary right -of -way and easements to install the required infrastructure in this alignment. CED -143. Acquisition of Easements and Right of Way: If any of the improvements which the subdivider is required to construct or install is to be constructed or installed upon land in which the subdivider does not have title or interest sufficient for such purposes, the subdivider shall do all of the following at least 60 days prior to the filing of any Phase of the Final Map for approval pursuant to Governmental Code Section 66457. a. Notify the City of Moorpark (hereinafter "City ") in writing that the subdivider wishes the City to acquire an interest in the land which is sufficient for the purposes as provided in Governmental Code Section 66462.5. b. Upon written direction of the City supply the City with (i) a legal description of the interest to be acquired, (ii) a map or diagram of the interest to be acquired sufficient to satisfy the S: \Community Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM Resolution No. 2000 - Tract 5045/SP2 Page 79 requirements of subdivision (e) of Section 1250.310 of the Code of Civil procedure, (iii) a current appraisal report prepared by an appraiser approved by the City which expresses an opinion as to the fair market value of the interest to be acquired, and (iv) a current Litigation Guarantee Report. c. Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the subdivider will pay all of the City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. CED -144. Surety, Bonding, Conveyance of Title, and Legal Actions: Prior to submittal of the Final Map to the City for review and prior to approval, the subdivider shall transmit by certified mail a copy of the conditionally approved Tentative Map together with a copy of Section 66436 of the State Subdivision Map Act to each public entity or public utility that is an easement holder of record. Written compliance shall be submitted to the City of Moorpark. CED -145. During Grading, the following conditions shall apply: Prior to any work being conducted within the State, County, or City right of way, the subdivider shall obtain all necessary encroachment permits from the appropriate Agencies. a. Storage of construction materials and equipment shall be centralized, and shall be prohibited within natural open space areas. CED -146. Prior to issuance of building permit, the following conditions shall apply: Utilities, facilities and services for the proposed project shall be extended and /or constructed in conjunction with its phased development by the subdivider as the project proceeds. a. Prior to issuance of any residential building permits, the subdivider shall be required to have road and utility plans approved for the S: \Community Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM 000085 Resolution No. 2000 - Tract 5045/SP2 Page 80 construction of Spring Road as a four -lane arterial from its current terminus (Charles Street) to Walnut Canyon Road and improvement to four -lane arterial standards from High Street to Charles Street, construction of a four -lane arterial roadway east of Spring Road, and construction of a two -lane local collector roadway system which provides access to the eastern arterial roadway and the Spring Road extension. Applicant will be responsible for the full cost of the engineering and construction of the new alignment including traffic signals) at Walnut Canyon Road and Spring Road, Spring Road and "C" Street, Spring Road and "A" Street, and "C" Street at its intersection with "A" and "B" Streets. A traffic signal shall be installed at the intersection of Charles Street and Spring Road. Traffic signals at Spring Road and High Street shall be modified. The project shall fund the installation of other traffic signals as required consistent with the Development Agreement. b. The subdivider shall employ appropriate construction measures, as determined by the City Engineer, to minimize the risk of damage to structures, utilities and /or systems allowed within the Restricted Use Zone (RUZ). CED -147. Prior to issuance of a Certificate of Occupancy, the following conditions shall apply: Prior to the occupancy of structures in all phases, sufficient emergency access (two points) shall be provided to the satisfaction of the City and Fire Department. a. Prior to final building inspection of any residential structures or any phase, the subdivider shall provide an irrevocable offer of an easement to the City for the purpose of maintaining landscaping and related drainage improvements for all areas adjacent to public roadways and other common open space areas as determined by the City that are required to be S: \Community Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM 000086 Resolution No. 2000 - Tract 5045/SP2 Page 81 landscaped or maintained. Should the Associations fail to maintain the Common Maintenance Areas, or any part thereof, in a satisfactory manner, the Common Maintenance areas or portion thereof, shall be placed in an Assessment District, at the City's sole discretion, to assume maintenance of the landscaped areas in the event the Homeowners' Association fails to maintain the landscaping in a manner consistent with the approved plans. b. Except as noted herein all required improvements shall be constructed prior to occupancy of any dwelling unit served by said improvements. CED -148. Prior to acceptance of Public Improvements and Bond Exoneration, the subdivider shall satisfy the following conditions: The subdivider shall file for a time extension with the City Engineer's office at least six weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required will be in conformance with the applicable ordinance section. a. A copy of the recorded Map(s) shall be forwarded to the City Engineer for filing. b. Sufficient surety in a form acceptable to the City guaranteeing the public improvements pertinent to each phase shall be provided. C. All surety guaranteeing required public improvements shall remain in place for one year following acceptance of the individual improvements by the City. Any surety bonds that are in effect three years after Final Map approval or issuance of the first building permit shall be increased an amount equal to or greater than the consumers price index (Los Angeles /Long Beach SMSA) for a period since original issuance of the surety and shall be increased in like manner each year thereafter. d. Original "as built" plans will be certified by the applicant's civil engineer and submitted with S: \Community Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/50 1:52 PM 000087 Resolution No. 2000 - Tract 5045/SP2 Page 82 two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 36 ", they must be resubmitted as "as- built" in a series of 22" X 36" Mylar (made with proper overlaps) with a title block on each sheet. Submission of "as built" plans is required before a final inspection will be scheduled. COUNTY OF VENTURA ENVIRONMENTAL HEALTH CONDITIONS: VCEH -1. All water impoundment(s) shall be maintained in a manner which will not create mosquito breeding sources. COUNTY OF VENTURA WATERWORKS DISTRICT CONDITIONS: VCWWD -1. Provide Ventura County Waterworks District the following: a. Water and sewer improvement plans. A sample format is available at the District upon request. b. Hydraulic analysis by a registered Civil Engineer to determine the adequacy of the proposed and existing water and sewer lines. C. Copy of approval of fire hydrant locations by County of Ventura Fire Protection District. d. Copy of Release from Calleguas Municipal Water District. e. Cost estimates for water and sewer improvements. f. Fees: Plan check, construction inspection, capital improvement charge, sewer connection fee and water meter charge. g. Signed Contract to Install, and Surety Bond. MOORPARK POLICE DEPARTMENT REQUIREMENTS: S: \Community Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM Resolution No. 2000 - Tract 5045/SP2 Page 83 MPD -1. The applicant is required to adhere to applicable Police Department Requirements. VENTURA COUNTY FLOOD CONTROL CONDITIONS: VCFCD -1. Prior to Final Map Approval, the applicant shall provide to the Ventura County Flood Control District the information required by the District for the proposed future improvements within the Tract consistent with District requirements provided in the District's letter dated April 21, 2000, previously provided to the Developer and incorporated herein by reference. VCFCD -2. No direct storm drain connections to Ventura County Flood Control District facilities will be allowed without appropriate Best Management Practices (BMP's) for compliance with Ventura Countywide Stormwater Program. VENTURA COUNTY FIRE DISTRICT CONDITIONS: VCFD -1. Access roads shall be installed with an all weather surface, suitable for access by Fire Department apparatus. A minimum clear street width of 36 feet shall be provided. VCFD -2. The access roadway (s) shall be extended to within 150 feet of all portions of the exterior walls of the first story of any building. Where the access roadway cannot be provided, approved fire protection system or systems shall be installed as required and acceptable to the Fire District. VCFD -3. All driveways shall have a minimum vertical clearance of 13 feet 6 inches (13'6 "). VCFD -4. Approved turnaround areas for fire apparatus shall be provided where the access road is 150 feet or farther from the main thoroughfare. S: \Community Development \Everyone \Resolutions and Condit_ons \S ?2 ATTACHMENT A.doc - Created on 07/27/00 =:52 PM Resolution No. 2000 - Tract 5045/SP2 Page 84 VCFD -5 . The access road (s)/driveway ( s ) shall be certified by a registered Civil Engineer as having an all weather surface in conformance with public Works standards. This certification shall be submitted to the Fire District prior to combustible construction. VCFD -6. Any 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 systems for secured gates. Gate plan details shall be submitted to the Fire Prevention Division for review and approval prior to recordation. VCFD -7. Prior to recordation of street names, proposed names shall be submitted to the Fire District's Communications Center for review and approval. VCFD -8. Street name signs shall be installed in conjunction with the road improvements. The type of sign shall be in accordance with Plate F -4 of the Ventura County Road Standards. VCFD -9. Address numbers, a minimum of 4 inches (4 ") high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are set back more than 150 feet (150') from the street, larger numbers will be required so they are distinguishable from the street. In the event the structure (s) is not visible from the street, the address number (s) shall be posted adjacent to the driveway entrance. VCFD -10. Prior to construction, the applicant shall submit plans to the Fire District for review and approval of the location of hydrants. On Plans, show existing hydrants within 500 feet of the development. VCFD -11. 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. S: \Co_nmunity Development \Everyone \Resolutions and Conditions \SP2 ATTACHMENT A.doc - Created on 07/27/00 1:52 PM 000090 Resolution No. 2000 - Tract 5045/SP2 Page 85 VCFD -12. Each hydrant shall be a 6 -inch wet barrel design and shall have (1) 4 inch and (1) 2 1/2 -inch outlet(s). VCFD -13. The required fire flow shall be achieved at no less than 20 -psi residual pressure. VCFD -14. 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. VCFD -15. Fire hydrants shall be set back in from the curb face 24 inches on center. VCFD -16. A minimum fire flow of 1,000 gallons per minute at 20 psi shall be provided at this location. The applicant shall verify that the water purveyor can provide the required volume at the project. VCFD -17. Prior to recordation, the applicant shall provide to the Fire District verification from the water purveyor that the purveyor can provide the required fire flow for the project. VCFD -18. The building plans of public assembly areas which have occupant load of 50 or more, shall be submitted to the Fire District for review. VCFD -19. Portions of this development may be in a high fire hazard area and those structures shall meet hazardous fire area building code requirements. VCFD -20. All grass or brush exposing and structure (s) to fire hazards shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Fire Protection Ordinance. VCFD -21. An approved spark arrestor shall be installed on the chimney of any structure (s). VCFD -22. Applicant shall obtain and comply with the provisions of VCFD No. 126 "Requirements for Construction" prior S: \Community Development \Everyone \Resolutior.s and Conditions \SP2 ATTACHN:ENT A.doc - Created on 07/27/00 1:52 PIN 00009:. Resolution No. 2000 - Tract 5045/SP2 Page 86 to obtaining a building permit for any new structures or additions to existing structures. VCFD -23. Any structure greater than 5000 sq. ft. in area /or 5 miles from a fire station shall be provided with an automatic fire sprinkler system in accordance with Ventura County Ordinance #23. VCFD -24. Private drives serving up to two (2) structures shall be constructed fifteen (15) feet wide and be able to support a 20 ton Fire District vehicle. A width of 20 feet shall be required on all access roads serving three or four structures. VCFD -25. Access roads shall not exceed 15% grade. VCFD -26. Prior to combustible construction for Phase II, an all weather Fire Department access road shall be provided. This road shall be twenty -five (25) feet in width located on the northerly boundary of Planning Area 6 and 7 and merge into "A" Street. S: \Community Ceveloomer.t \Everyone \Hesolutiors and Conditions \SP2 ATTACHMENT A.doc - Created on 07/2'7/00 1:52 PM 00,0092