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.
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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
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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
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Resolution No. 2000 -
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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
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Resolution No. 2000 -
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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.
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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
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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
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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.
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Resolution No. 2000 -
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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
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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.
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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,
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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
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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
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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
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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
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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/
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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
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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
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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
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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
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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
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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
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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.
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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.
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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
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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.
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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
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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
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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.
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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
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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:
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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,
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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.
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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.
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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
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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
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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,
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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
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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,
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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
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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.
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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
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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;
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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
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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
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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
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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
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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
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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.
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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
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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.
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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
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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.
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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,
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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
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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
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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.
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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.
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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).
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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
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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
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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
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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.
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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
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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
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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."
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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
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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
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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.
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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;
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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
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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
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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,
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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
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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
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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
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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
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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
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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"
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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.
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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
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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
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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
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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.
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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
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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
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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
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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
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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:
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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.
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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.
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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
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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.
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