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HomeMy WebLinkAboutRES CC 1991 808 1991 1002RESOLUTION NO. 91 -808 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA APPROVING THE TENTATIVE TRACT MAP (TTM) 4757 FOR VENTURA PACIFIC CAPITAL CORPORATION AND MACLEOD CONSTRUCTION COMPANY (ASSESSOR'S PARCEL # 511 -080 - 190, 200, 210, 310, 320, AND 370). WHEREAS, at duly noticed public hearing on August 21, 1991, September 4, 1991, and September 18, 1991, the City Council considered the Tentative Tract Map (TTM) 4757 for thirteen (13) parcels, located on the north side of Los Angeles Avenue and west side of Park Lane in the City of Moorpark; and WHEREAS, at its meeting of August 21, 1991, September 4, 1991, and September 18, 1991, the City Council opened the public hearing, and took testimony from all those wishing to testify and then closed the public hearing on September 18, 1991 and WHEREAS, the City Council after review and consideration of the information contained in the Staff Report dated August 21, 1991, September 4, 1991, and September 18, 1991, and the draft Supplemental Environmental Impact Report (EIR) prepared for the proposed project has reached a decision on this matter; NOW, THEREFORE, THE CITY COUNCII OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Pursuant to the provisions of the California Environmental Quality Act (CEQA, Division 13 of the Public Resources Code of the State of California), the City Council of the City of Moorpark determines that the environmental issues, effects and mitigation of the proposed project are similar to those addressed in the Draft Supplemental EIR prepared for the proposed project and that cumulative impacts are adequately addressed in the Draft Supplemental EIR. SECTION 2. That the City Council certifie; compliance with the following: a. Subdivision Map Act Compliance: Based upon the information set forth above, it is determined that the subject Tentative Tract Map 4757 meets the requirements of California Government Code (The Subdivision Map Act) Sections 66410 - 66499.58 et seq., as follows: The proposed map is consistent with the applicable general and specific plans; The design and improvements of the proposed subdivision are generally consistent with the applicable and general specific plans; The site is physically su)table for the type of development proposed; • The site is physically suitable for the proposed density of development; • The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage that have not been disclosed in the Draft Supplemental EIR: • The design of the subdivision and the type of improvements are not likely to cause serious public health problems; • The design of the subdivision and the type of improvements would not conflict with casements, acquired by the public at large, for access through or use of property within the proposed ; ubdivision. • There would be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et sea.; and • The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, ;horcline, lake or reservoir. b. Certification of the Mitigation Monitoring Plan for the Final Supplemental EIR, which is incorporated herein by reference a-s Exhibit "( °. Approves the Findings of Significance and Statement of Overriding Considerations as required under section 21081 and 1501)3 of the California Environmental Quality Act (CEQA) and Guidelines, which are in. orporated herein by reference as Exhibit "D" and "E". SECTION 3. Therefore, the City Council approves the following: a. The Tentative Tract Map (TTM) 4757 pursuant to the findings in the City Council staff report dated September 18, 1991, and subject to the conditions of approval contained in the staff report dated October 2 ,1991, (EXHIBIT 'B') including the changes to the conditions of approval as stated by the City Council on September 4. I a91, and September 18, 1991. PASSED, APPROVED AND ADOPTED THIS OCTOBER 2, 1991. i Paul W. Lawry n, Jr. Cit% (of Moorpark ATTEST: Lillian E. Keliermin City Clerk Attachments: 1. ) o i ' B _)Q6n' iorts,of Approval for TTM 4757. EXHIBIT B TENTATIVE TRACT MAP 4757 - MAJOR MODIFIC ATION #1 CONDITIONS OF APPROVAL October 2,1991 TENTATIVE TRACT MAP CONDITIONS GENERAL REQUIREMENTS The conditions of approval of this Tentative Tract Map supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map: and that all provisions of the Subdivision Map Act, City of Moorpark Ordinance and adopted City policies apply. Recordation of this subdivision shall be deemed to be acceptance by the property owner of the conditions of this Map. All applicable requirements of any law or agency of the State, City of Moorpark and any other governmental entity shall be met, and all such requirements and enactments shall, by reference, become conditions of this entitlement. 4. The developer's recordation of this map and /or commencement of construction as a result of this map shall be deemed to be acceptance of all conditions of this map by the applicant. 5. That no condition of this entitlement shall be interpreted as permitting or requiring any violation of law, or any lawful rules or regulations or orders of an authorized governmental agency. In instances where more than on( set of rules apply, the stricter ones shall take precedence. 6. That if any of the conditions or limitations of this subdivision are held to be invalid, that holding shall not invalidate the remaining Londitions or limitations set forth. 7. The development shall be subject to all applicable regulations of the CPD zone as applicable. 8. The Tentative Tract Map shall expire three years from the date of its approval. Failure to record a final map with the Ventura County Office of the Recorder prior to expiration of the Tentative Map shall terminate all proceedings, and anv subdivision of the land shall require the filing and processing of a new Tentarive %tap. As of the date of recordation of final male, the parcels depicted thereon shall meet the requirements of the Zoning Ordinance and General Plan then applicable to the property. Compliance with this condition shall be required even if the zoning and General Plan requirements in effect as of the date the tentative map is conditional approved. Conditional approval of the tentative map shall neither limit the power of the legislative body to amend the applicable zoning ordinances and /car Gwi;-ral Plan nor compel the legislative body to make any such amendments. 10. That the subdivider shall defend, indemnity 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, depart ments,commissions, agents, Officer,, or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The city will promptly notify the subdivider of any such claim, action or proceeding, and, if the city should fail to do so or should fail to cooperate fully in the defense, the subdivider shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. The city may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the hollowing occur: a. The city bears its own attorney fees and costs; b. The city defends the claim, action or proceeding in good faith. The subdivider shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the subdivider. The subdivider's obligations under this condition shall apply regardless of whether a tract map is ultimately recorded with respect to the subdivision. 11. Within two days after approval of the project by the City Council, the applicant shall deposit with the City a check for $850.00 plus a $25.00 filing fee made payable to the County of Ventura. This fee is for the State Department of Fish and Game required Notice of Determination filing fee in accordance with Assembly Bill 3158, for the management and protection of statewide fish and wildlife trust - esources. 12. Any appropriate conditions for CPD 89 -1, 89.2 (Major Modification) that are applicable to this subdivision shall be incorporated by reh-rent e in the conditions of approval for Tentative Tract Map 4757. PRIOR TO FINAL MAP RECORDATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 13. No zone clearance shall be issued for construction until the final tract map has been recorded. Prior to the issuance of any permit, a zoning clearance shall be obtained from the Department of Community Development and a Building Permit shall be obtained from the Department of Building and Safety after the granting of a zoning clearance. 14. Prior to the Final Map Recordation, the applicant shall pay all outstanding case processing (planning and engineering), environmental impact report preparation costs, and all City legal service fees be paid for the Major Modifi(ahor. 41 t.) CPD 89 -1 and 89 -2 and TTM 4757. 15. Prior to the Final Tract Map Recordation, the applicant shall deposit fees pursuant to City Resolution No. 89 -605 for condition complian(c re%iew. 16. Prior to the Final Tract Map Recordation, the permittee shall sign a statement indicating awareness and understanding of all permit conditions, and shall agree to abide by these conditions. CITY ENGINEER'S CONDITIONS PRIOR TO FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 17. a. Developers of CPD 89 -1 and 89 -2 shall be allowed to file and record a lot line adjustment in accordance with Section 66412(d), Subdivision Map Act, California Government Code, to separate Phase I (CPD 89 -2, Tract 477-1) without the recordation of LDM -89 -2 (Macleod). Physical development and recordation of parcels will thereafter follow in accordance with approved conditions for phased development of CPD 89 -1, CPD 89 -2 and Tract 4757. b. Prior to first building permit, the applicant shall deposit with the City a contribution for the Los Angeles Avenue Area of Contribution. The actual deposit shall be the then current Los Angeles Avenue Area of Contribution rate. 18. The applicant shall submit to the City for review and approval, a grading plan prepared by a registered civil engineer; shall obtain a grading permit; and shall post sufficient surety guaranteeing completion. Cut or fill slopes shall be no steeper than 2:1 (horizon ta1:vertica1). At the applicant's request, a staged grading plan can be submitted to the City Engineer for review and approval. An erosion control plan shall be submitted for review and approval if any grading is to occur between October 15 and April 15. Along with erosion control measures, hydroseeding of all graded slopes shall be required within 60 days of completion of grading. All haul routes shall be approved by the City Engineer. On -site haul routes shall be limited to graded areas only. 19. The applicant shall submit to the City for review and approval, a detailed soils and geotechnical report prepared by a civil engineer and a geotechnical engineer registered with the State of California. The report shall include a geotechnical investigation with regard to liquefaction, expansive soils, and seismic safety. The grading plan shall incorporate the recommendation of the approved soils report Review of the soils and geotechnical report by the City's geotechnical consultant may be required by the City Engineer. if so the applicant shall reimburse the City for all costs including the City's administative costs. 20. The applicant shall submit to the City for review and approval, street improvement plans prepared by a registered civil engineer; shall enter into an agreement with the City to complete the improvements; and shall post sufficient surety guaranteeing the construction of the improvements. Any necessary right -ot -way acquisition necessary to complete the required improvements will be acquired by the applicant at their expense. The improvements shall include concrete curb and gutter, sidewalk, striped bike path, street lights, traffic signals, striping and signing, traffic control, paving, and any necessary transitions to the satisfaction of the Citv Engineer. All driveway locations shall be approved by the City Engineer and the Director of Cwrnmunity Development. The applicable Ventura County Road Standard Plates are as foll,) s a. Los Angeles Avenue per Plate B -2A, modified north of centerline to have 59 feet of right -of -way, 51 foot pavement width and a 6 foot sidewalk. The sidewalk shall be located within the landscaped area in a pedestrian casement as necessary. Applicant shall construct improvements north of the centerline rc ro— the frontage of the project in accordance with Figure 1. Applicant shall also construct sufficient roadway widening along the south side to permit restriping for a westbound auxiliary land across the entire frontage of the project, as well as a 12 foot wide eastbound right turn pocket providing a minimum of 150 feet of storage at Liberty Bell Road (see Figure 1). All Los Angeles Avenue improvements shall be shown first on preliminary plans which shall be submitted to the City tier review and approval, after which they will be submitted to Caltrans for review and approval. If Caltrans will not approve the preliminary plans, the preliminary plans shall be returned to City Council for consideration of alternative improvements. Any direct expenses incurred by the applicant relating to the right -of -way acquisition along the south side of Los Angeles Avenue shall be reimbursed by the future developer(s) of the property located along the south side of Los Angeles Avenue. The City will enter into an agreement with the applicant agreeing to condition the future developer of the property along the south side of Los Angeles Avenue to reimburse the applicant to the extent legally enforceable. The applicant shall pay all legal costs, including but not limited to, attorney fees and administrative costs incurred by the City to impose and /or enforce said agreement or at applicant's discretion shall waive its eligibility for reimbursements. The agreement will be prepared by the City Attorney, subject to review by the applicant. The applicant shall pay the City's legal expenses to prepare the agreement. The applicant shall make an irrevocable offer of dedication of an additional 9 feet across the frontage of the project. The City may, in the future, elect to accept this dedication to provide for construction of additional requirements The applicant shall design the main driveway project entrance between Park Lane and Liberty Bell Road to provide one inbound lane and one outbound lane. The required Los Angeles Avenue improvements shall include restriping to provide a striped island in the vicinity of this driveway thereby prohibiting left turns in or ,ut of this driveway. In conjunction with other Los Angeles Avenue improvements, all necessary transitions shall be designed and constructed to the satisfaction of the City Engineer and Caltrans. Any improvements constructed by the City with Los Angeles Avenue Area of Contribution funds that would normally be the responsibility of the applicant shall be offset by special contributions to the Los Angeles Avenue Area of Contribution fund b. Liberty Bell Road per Plate B -31) and shall be designed and constructed to align with the ultimate Liberty Bell Road alignment south of Los Angeles Avenue. The Liberty Bell Road - Los Angeles Avenue intersection must be designed and constructed to provide for necessary turning pockets and must be reviewed and approved by the City Engineer prior to recordation so that the dedication of right -of -way on the map will be the ultimate right -of -way dedication. Liberty Bell Road will be a variable width street, with all elements designed to the satisfaction of the City Engineer. A conceptual configuration of the proposed improvements is shown in the attached Figure 2. Although it i, intended that the concept shown on this figure be implemented, it is understood that final ,plan details such as transition design may vary from that shown in the figure. As an option, an easement for Liberty Bell Road between phase 2 and 3 may be created rather than the construction of Liberty Bell Road. C. Lassen Avenue per Plate B -5A, modified to have 56 feet of right -of -way to match the existing, previously dedicated, alignment per Parcel Map No. 3781 on the easterly portion of the project site. Lassen Avenue shall have .1 b foot sidewalk and 4 foot landscaped area on the south side, within the 8 foot parkway aroa .ins, a 2 foot landscape and pedestrian easement. All improvements south of centerline plus 12 feet north of centerline except along the Chaparral Middle School frontage where full -width street improvements (including curb, gutter, sidewalk, driveway and landscaping) shall be- constructed. Landscaping and irrigation shall be installed along the easement area between they school district property and future Lassen Avenue. The landscaping; shall be designed and constructed to the satisfaction of the Director of Community Development. All necessary transitions shall be constructed to the satisfaction of the City Engineer. The only connection of Lassen Avenue to Sierra Avenue shall be in the form of an unpaved emergency access easement area west of Liberty Bell Road. This easement shall be to the satisfaction of the City Engineer, the Director of Community Development, the Sheriffs Department and the Fire Department. The connection of Lassen Avenue to Liberty Bell Avenue shall be in the form of a knuckle per City standard d. Although not a requirement of this development, it is noted for future reference that any future street intersecting Lassen Avenue in the vicinity of the traffic circle servicing the proposed office buildings east of Liberty Bell Road shall not be offset from the traffic circle. e. Park Lane per Plate B -3D, modified west of centerline to have 28 foot right -of -way, 20 foot pavement width, 6 foot landscaped area and 6 foot sidewalk within the 8 foot parkway area and a 4 foot landscape and pedestrian easement; with the portion of Park Lane located within approximately 600 feet to the northerly driveway as a prolongation of the northern right -of -way of Los Angeles Avenue designed and constructed in accordance with Plate B -3D, modified to have 65 foot right -of -way width, 49 foot pavement width, 6 foot landscaped area and 6 foot sidewalk within the 8 foot parkway area and a 4 foot pedestrian easement in accordance with Figure 3. All necessary transitions shall be designed and constructed to the satisfaction of the City Engineer. The intersection of Park Lane and Lassen Avenue shall be designed and constructed as a standard knuckle. The anticipated lane configuration on Park Lane at the Los Angeles Avenue intersection includes one southbound right turn lane, one southbound through lane, one southbound left turn lane; and one northbound through lane. To the greatest extent practicable, Park Lane improvements north of Los Angeles Avenue shall align with ultimate improvements south of Loo Angeles Avenue. Design of the Park Lane - Los Angeles Avenue intersection must be reviewed and approved by the City Engineer prior to recordation so that the dedication of n4ht- of -wav can the map will be the ultimate right -of- way dedication. f. No portion of any project driveway may be within 150 feet of the nearest curb prolongation of an adjacent intersection. g. The applicant shall construct the necessary improvements to provide Class 11 bicycle lanes (5 feet wide) along; Liberty Bell ROdd Per the (circulation Element of the Moorpark General Plan. h. The applicant shall be responsible for all maintenance of the public sidewalks and landscaped parkways on Los Angeles Avenue Liberty Bell Road, Park Lane and Lassen Avenue. i. The applicant shall agree to provide the necessary public maintenance easements for the landscaped areas along -and adjacent to Los Angeles Avenue, Park Lane, Lassen Avenue and Liberty Bell Road. The applicant shall retain the right to protest the amount and the spread of any proposed assessment in relation to the formation of a landscape maintenance assessment district, if and when created by the City 21. The applicant shall demonstrate feasible a(, ss during; i 10 -year frequency storm for each building pad to the satisfaction of the City Fni;ineer. 22. The applicant shall submit to the City for review and approval, drainage plans, hydrologic and hydraulic calculations prepared by a registered civil engineer; shall enter into an agreement with the City to complete the improvements and shall post sufficient surety guaranteeing the construction of the imprcwenitlilts As an option in place of the Surety Performance Bond requirement, the applicant or his successors for Phase 11 and Phase III will be allowed to record the parcel map (LDM 89 -2) if the applicant or successor of Phase II and III agrees to have a subordinate lien to the benefit of the City oif Moorpark placed on the subject property and agrees to enter into a Reciprocal Access and Parking Easement Agreement between CPD 89 -1 and CPD 89 -2, prior to the issuance of a Zoning Clearance for CPD 89 -1 (Phase I) The drainage plans and calculations shall indicate the following conditions before and after development: The Hydrology/ Hydraulic Report and Hydraulic Plans shall address the entire project including the proposed RPD and the following • No flows from a 50 year storm shall flow from this project onto Los Angeles Avenue, or to the existing tract (Tract 1240) to the west. • The required storm drain improvements required to pick up offsite storm water and carry it to its final disposal from Poindexter Avenue, McFadden Avenue, Cornette Avenue and Park Lane as identified by the City of Moorpark Master Drainage Study, shall be designed and constructed. (Note: The applicant has proposed directing storm water from Poindexter Avenue directly into the Walnut Canyon drain as an alternative to carry this storm water across the site. It is emphasized that this alternative will require permits from the Ventura County Flood Control District, Southern Pacific Railroad and City of Moorpark. This alternative can be considered, but all plans and permits must be ( ompleted prior to approval of the final map.) • The storm drain along Los Angeles Avenue shall be extended from its full size terminus to connect to the existing 54" RCP east of Shasta Avenue. Should the existing storm drain between Shasta Avenue and the Arroyo Simi require enlargement, the City shall reimburse the applicant for one -half the construction cost to a ma,cimum of $100,000. • This study shall analyze the hydraulic capacity of the Shasta Drain to the Arroyo Simi with and without the Moorpark Avenue storm .train connection. Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard ireas, sumps and drainage courses. Hydrology shall be per current Ventura County Standard- except as follows: • all catch basins in sump locations shall cam a 5(1 -year frequency storm; • all catch basins on continuous grades shall e frry a 50 -year storm; • all catch basins in a sump condition shall I -c sized such that depth of water at intake shall equal the depth of the approach flows: • all culverts shall carry a 100 -year frequency stornn; • drainage facilities shall be provided such that surface flows are intercepted and contained prior to entering collector or secondary roaclwa ,,s, • under a 50 -year frequency storm, all collector streets shall be provided with a minimum of one travel lane with a goal that local, reside•nti rl streets shall have one travel lane available where possible. • 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. • All drainage grates shall be designed and constructed with provisions to provide adequate bicycle safety to the satisfaction of the City I-ngineer. • The storm drain connection on Los Angeles Avenue from Park Lane to Shasta Avenue and fronting CPD 89 -1 and 89 -2 shall be installed prior to occupancy of either CPD 89 -1 or CPD 89 -2 with the understanding that the installer of said system shall be reimbursed, if and when funds are collected by the City through the establishment of an assessment district incorporating those benefiting, undeveloped properties. It is the onus of the developer to formally initiate the formation and fund all costs associated with establishment of said assessment district. 23. The applicant shall demonstrate legal access for each parcel to the satisfaction of the City. 24. The applicant shall indicate in writing to the City the disposition of any water well (or any other well that may exist within the project. If any walls are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed per Ventura County Ordinance No. 2372 and per Division of nil and Gas requirements. 25. If any of the improvements which the applicant is required to construct or install is to be constructed or installed upon land in which the applicant does not have title or interest sufficient for such purposes, the applicant shall do all of the following at least 60 days prior to the filing of the final or parcel map for approval pursuant to Government Code Section 66457. a. Notify the City in writing that the applicant wishes the City to acquire an interest in the land which is sufficient for such purposes as provided in Government Code Section 66462.5; b. Supply the City with (i) a legal description of the interest to be acquired, (ii) a map or diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of Section 1250.310 of the Code of Civil Procedure, (iii) a current appraisal report prepared by an appraiser approved by the City which expresses an opinion as to the current fair market value of the interest to be acquired, and (iv) a ,urret t Litigation Guarantee Report; c. Enter into an agreement with the City, gu,iranteed by such cash deposits or other security as the City may require, pursuant to whicl, the applicant will pay all of the City's cost (including, without limitation, atiornev , ft- , .wd ov(•rhead expenses) of acquiring such an interest in the land. 26. The applicant shall pay all energy costs assot <ated with street lighting for a period of one year from the initial energizing of the street light , 27. The applicant shall execute a covenant running with the land on behalf of itself and its successors, heirs, and assigns agreeing to participate in the formation of an assessment district or other financing technique for the construction of public improvements, including but not limited to, street and sewer improvements necessitated by this project and other projects within the assessment district, as approved by the ( ity Engineer. The applicant shall retain the right to protest the amount and the spread of a•iv pr,,posod assessment. 28. The applicant shall post sufficient surety guaranteeing completion of all improvements which revert to the City (i.e., landscaping, parts, fee cinf;, etc.) or which require removal (i.e., model homes, temporary debris basins, etc.). As an option in place of the Surety Performance Bond requirement, the applicant or his successors for Phase 11 and Phase III will be allowed to record the parcel map (LDM 89 -2) if the applicant or successor of Phase II and III agrees to have a subordinate lien to the benefit of the City of Moorpark placed on the subject property and agrees to enter into a Reciprocal Access and Parking Easement Agreement between CPD 89 -1 and Cl'D 89 -2, prior to the issuance of a Zoning Clearance for CPD 89 -1 (Phase I). 29. The developer of CPD 89 -1 shall post sufficient surety for the installation of a traffic signal at the intersection of Los Angeles Avenue - Liberty Bell Road. The applicant will be eligible to receive reimbursement from the Los Angeles Avenue Area of Contribution of up to $65,000 or 50 percent of the construction expenses, whichever is less. CPD 89 -2 may elect to install the signal, but is not required to do so. 30. The applicant shall post sufficient surety for the installation of a traffic signal at the intersection of Los Angeles Avenue - Park Larn'. 31. The applicant shall make a special contribution to the City representing the applicant's prorata share of the casts of improvements to the following intersections: • Poindexter Avenue - Moorpark Avenue minlrnum contribution of $16,800. • Los Angeles Avenue - Gabbert Road minimum'contribution of $16,200. • Los Angeles Avenue - Moorpark Avenue minimum contribution of $28,500. • Spring Road - New Los Angeles Avenut• minimum contribution of $25,500. To determine final prorated costs of these improvements, the applicant shall first prepare conceptual plans to the satisfaction of the City Engineer. The prorata share shall be developed based on the incremental traffic added by cap h phase and shall then be paid to City, prior to zoning clearance. IN CONJUNCTION WITH FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS SHALL BE COMPLETED: 32. The applicant shall offer to dedicate access easements to the City of Moorpark over all private streets to provide access for all governmental agencies providing; public safety, health and welfare. 33. The applicant shall offer to dedicate to the ('•ty of Moorpark for public use, all right -of -way for public streets. 34. The applicant shall offer to dedicate to thc City of Moorpark, public service easements as requ fired. 35. The applicant shall dedicate to the City of Moorpark the access rights adjacent to Los Angeles Avenue, Lassen Avenue, Park Lane and Liberty Bell Road except for approved access roads. 36. Lot to lot drainage easements and secondary drainage easements shall be delineated on the final map(s). Assurance shall be provided to the City that these easements will be adequately maintained by property owners to safely convt t storm water flows. PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 37. a. Sufficient surety guaranteeing the public improvements pertinent to each phase shall be provided. The surety shall remain in place for one year following acceptance by the City Council. As an option in place of the Surety Performance Bond requirement, the applicant or his successors for Phase II and Phase III will be allowed to record the parcel map (LDM 89 -2) if the applicant or successor of Phase II and III agrees to have a subordinate lien to the benefit of the City of Moorpark placed on the subject property and agrees to enter into a Reciprocal Access and Parking Easement Agreement between CI'D 89 -1 and CPD 89 -2, prior to the issuance of a Zoning Clearance for CPD 89 -1 (Phase 1). b. Any surety bonds that are in effect three years after final map approval or after 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 the period since original issuance of the surety and shall be increased in like manner each ve,ir thereafter. 38. Original "as- built" plans will be certified by the applicant's civil engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction oi, sheets larger than 22" X 36 ", they must be resubmitted as "as- builts" in a series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as built" plans is required before a final inspection will be scheduled. 39. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 40. The applicant shall file for a time extension % %ith 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 .ippli< able ordinance section. MOORPARK 799 Moorpark Avenue Moorpark. California 93021 (805) 529-6864 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS. CITY OF MOORPARK ) I, Lillian E. Kellerman, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 91 -808 was adopted by the City Council of the City of Moorpark at a meeting held on the 2nd day of OCTOBER 1991, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS MONTGOMERY, PEREZ, TALLEY, WOZNIAK AND MAYOR LAWRASON NOES: NONE ABSENT: NONE ABSTAIN: NONE WITNESS my hand and the official seal of said City this 4th day of OCTOBER 1991. ke Lillian E. Kel erman City Clerk