HomeMy WebLinkAboutRES CC 1996 1230 1996 1002RESOLUTION 96 -1230
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, APPROVING TENTATIVE TRACT MAP NOS. 4975,4976,4977
AND 4980 ON THE APPLICATION OF C.T. FINANCIAL (ASSESSOR PARCEL
NOS. 500- 35 -15, 500- 35 -33, 512- 15 -60, and 513- 05 -11, 500 -35-
034 and 500 -35 -041)
Whereas, at a duly noticed public hearing on August 12, 1996, the
Planning Commission considered the application filed by C.T. Financial
for Tentative Tract Map Nos. 4975, 4976, 4977 and 4980 and adopted
Resolution No. 96 -324 recommending to the City Council conditional
approval of the projects; and
Whereas, at a duly noticed hearing on September 18, 1996 and October
2, 1996, the City Council considered the application for approval of
Tentative Tract Map Nos. 4975, 4976, 4977 and 4980 for the following:
1. Tentative Tract Map No.4975 which is a subdivision of Area A
(3.7 U.P.G.A.)of the Specific Plan and contains a total of 145
residential lots and approximately 70.3 acres of Open Space.
2. Tentative Tract Map No. 4976 is the subdivision of Area C (5
U.P.G.A.) of the Specific Plan and contains 160 residential
lots, a 6.5 acre park and approximately 43.7 acres of open
space.
3. Tentative Tract Map No. 4977 is the subdivision of Area D (3
U.P.G.A.) of the Specific Plan and contains 109 residential
lots and approximately 20.4 acres of open space.
4. Tentative Tract Map 4980 is the subdivision of Area B (3
U.P.G.A.) of the Specific Plan and contains 138 residential
lots and approximately 43.6 acres of open space and a 9.5 acre
Nature Preserve.
Whereas, at its meeting of September 18, 1996, the City Council
opened the public hearing, took testimony from all those wishing to
testify, and closed the public hearing on October 2, 1996.
Whereas, the City Council after review and consideration of the
information contained in the Planning Commission staff report dated
August 12, 1996, the City Council staff reports dated September 12, 1996
and September 19, 1996, the Final EIR prepared for the Carlsberg Specific
Plan, the Mitigating Reporting and Monitoring Program and testimony, and
has found that the environmental effects discussed in the Subsequent EIR
prepared for the Amended Carlsberg Specific Plan and the environmental
effects of these proposed subdivisions are sufficiently similar to
warrant the use of the Subsequent EIR, and has reached its decision on
this matter; and
RESOLUTION NO. 96 -1230
Approving Tracts 4975, 4976, 4977, and 4980 (C.T. Financial)
Paae 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby adopts the following findings:
1. The environmental effects discussed in the Subsequent EIR
prepared for the Amended Carlsberg Specific Plan and the
environmental effects of these proposed subdivisions are
sufficiently similar to warrant the use of the Subsequent EIR.
2. In order to reduce the adverse impacts of these projects,
mitigation measures discussed in the Subsequent Environmental
Impact Report, Amended Carlsberg Specific Plan prepared for
the Amended Carlsberg Specific Plan as well as the Settlement
Agreement have been incorporated into the proposed projects.
Subdivision Map Act Findings
1. The proposed maps are consistent with the applicable general
and specific plans.
2. That the design and improvements of the proposed subdivisions
are consistent with the applicable general and specific plans.
3. The site is physically suitable for the type of development
proposed.
4. The design of the subdivisions and the proposed improvements
are not likely to cause substantial environmental damage.
5. The design of the subdivisions and the type of improvements
are not likely to cause serious public health problems.
6. The design of the subdivisions and the type of improvements
would not conflict with easements acquired by the public at
large, for access through, or use of the property within the
proposed subdivisions.
7. 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 seg
SECTION 2. The City Council does hereby find that the
aforementioned projects are consistent with the City's General Plan and
the Amended Carlsberg Specific Plan.
RESOLUTION NO. 96 -1230
Approving Tracts 4975, 4976, 4977, and 4980 (C.T. Financial)
Paae 3
SECTION 3. That the City Council hereby conditionally approves
Tentative Tract Map Nos. 4975, 4976, 4977 and 4980 on the application of
C.T. Financial subject to compliance with all of the conditions in
Attachment No. 1.
SECTION 4. That the City Engineer is authorized to set the
number of loads and the haul route for grading operations.
The action of the foregoing direction was approved by the following roll
vote:
AYES:
NOES:
PASSES, APPROVED, AND ADOPTED
ATTEST:
Lillian E. Hare
City Clerk
ER, 1996.
Attachment No. 1: Conditions of Approval
TRACT 4975 (C.T. Financial) RESOLUTION NO. 96 -1230
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
NOTE: THE FOLLOWING REFERENCES ARE USED IN THE CONDITIONS OF APPROVAL: SA
(SETTLEMENT AGREEMENT), SP(SPECIFIC PLAN), SEIR(SUBSEQUENT ENVIRONMENTAL
IMPACT REPORT), OTHER REFERENCES ARE FROM THE MITIGATION MONITORING
PROGRAM FOR THE AMENDED SPECIFIC PLAN. THE TERMS; OWNER, APPLICANT,
DEVELOPER AND SUBDIVIDER ARE USED INTERCHANGEABLY HEREIN AND APPLY TO THE
ORIGINAL APPLICANT AS WELL AS TO ALL SUCCESSORS AND ASSIGNS.
GENERAL REQUIREMENTS:
1. The conditions of approval of this Tentative 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.
Requirement for Recordation of Tentative Tract Map No 4974 and Completion of
Conditions of Approval for Approved Residential plane d nPyelopment permit
2. This Tentative Map shall not record until: A) Tentative Tract Map No.
4974 records; B) A Residential Planned Development Permit is approved; and
C) The Prior to Issuance of Zoning Clearance conditions of approval of the
Residential Planned Development Permit have been completed.
Setbacks for Residential Pl nn d DevelQpment Permit
3. The setbacks for the proposed residences shall by varied so as to provide
visual diversity. The location of the buildable areas as shown on the
Tentative Tract Map shall not be construed to be the location of the
setbacks of the future residences. A criteria for this is that there
shall be a minimum of three feet variation with a maximum variation of
five feet for the front setback between adjacent lots, with no more than
two adjacent lots having the same front setback.
4. Prior to the approval of the final map, the Settlement Agreement and
Mutual Release executed on September 7, 1994, by and between City and
developer shall be amended to provide for the payment of a recreation
facilities fee (Recreation Fee). Said Recreation Fee is in lieu of
providing private recreation facilities in Tentative Tracts 4975, 4976,
4977 and 4980.
City may expend Recreation Fee in its sole and unfettered discretion to
provide community recreation facilities; provided, however, payment of
Recreation Fee represents payment in full for providing private recreation
facilities in Tentative Tracts 4975, 4976, 4977 and 4980.
Page 1 of 31
TRACT 4975 (C.T. Financial)
RESOLUTION NO. 96 -1230
Developer and City agree that the Residential Planned Development (RPD)
permits to be filed for Tentative Tracts 4975, 4976, 4977 and 4980 shall
also include a condition for payment of the Recreation Fee; and the City
agrees that no other condition for providing private recreational
facilities shall be imposed on any RPD permit for the aforementioned
Tentative Tracts. The Recreation Fee shall be $400.00 per lot and shall
be paid for each tract at such time as Developer sells the tract to a
successor or at the time the first zone clearance is issued for a
residential building permit (excluding models), in the Tract, whichever
first occurs. Commencing on January 1, 2002, the amount of the Recreation
Fee shall increase by one -half of one percent (0.5) per month (monthly
indexing) on any Recreation Fee not yet paid.
• - . .OR ■
5. Covenants, Conditions and Restrictions (CC &R's) and By -Laws establishing
one or more Homeowners' Associations for the residential development shall
be prepared. The CC &R's shall identify all common Maintenance Areas for
the residential areas, including maintenance of all hiking trails, open
space lots, parkway landscaping for all streets within residential tracts,
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 &R's 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 conditions of approval
shall be highlighted in the copies of the CC &R's submitted for City
review. Prior to the sale of any lots, the CC &R's 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 &R's. The Homeowners' Associations may modify the CC &R's only
to the extent that they do not conflict with the terms of approval of the
Tentative Tract Map or approved Residential Planned Development Permit.
Sixty (60) days notice must be given to the City of the intent to modify
CC &R's. Further, it is the sole responsibility of the individual
Homeowners' Associations to enforce the CC &R's.
One or more homeowners' associations shall be established for Tentative
Tract Map Nos. 4975, 4976, 4977 4980 and the institutional lots. The
homeowners' association shall be responsible for all construction and
maintenance related to the natural open space, the trails, the vernal
pool, and any manicured landscaping not adjacent to a public right -of -way,
exclusive of the freeway. An assessment district zone of benefit shall be
created for maintaining the parkway along the four collector streets -
Science Drive, Spring Road, Tierra Rejada Road and Peach Hill Road. The
medians on Science Drive, Spring Road and Tierra Rejada Road are to be
ultimately be part of the Citywide Assessment District. If an assessment
district zone of benefit is not created, the responsibility for all
construction and maintenance shall be the responsibility of the
homeowners' association.
Page 2 of 31
TRACT 4975 (C.T. Financial)
RESOLUTION NO. 96 -1230
If the applicant can obtain another alternative for management of the
above stated areas prior to recordation of the Tentative Tract Map, it
will be considered by the City.
All natural open space areas as shown on the map shall be open to the
general public and shall be owned and maintained by a Homeowner's
Association. The City Council may consider a privately funded option
prior to recordation of the map.
Dedication of Park
6. Prior to occupancy of the 227th dwelling unit within the Carlsberg
Specific Planning area, the developer shall dedicate an improved park to
the City. The park shall be improved and available (open) to the public
as described in the Settlement Agreement and Mutual Release. Prior to
approval of the Final Map, the developer shall post a bond or other
security acceptable to the City for construction of the improved park.
7. Any changes to the Tentative Map, including but not limited to phasing,
lot sizes or dimensions, street layout, and areas to be graded, shall
require the filing of an application for Modification. The type of
Modification permit shall be determined by the Director of Community
Development pursuant to the criteria established in the Amended Carlsberg
Specific Plan Zoning Code and Subdivision Ordinance.
8. Television cable service shall be provided to all residential units
consistent with existing cable system requirements. Undergrounding of
cable wires is required and no lines shall be allowed to be extended along
the exterior walls of the residential buildings.
9. If any archeological 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
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.
The developer shall be responsible for the costs associated with the
professional investigation.
Declaration of Public i Nuisance
10. The continued maintenance of the common maintenance areas shall be subject
to periodic inspection of the City. The applicant, developer or
responsible Homeowners' Association, or similar maintenance entity, shall
Page 3 of 31
TRACT 4975 (C.T. Financial)
RESOLUTION NO. 96 -1230
be required to remedy any defects in landscape maintenance or other common
maintenance facilities, as indicated in writing by the City, within five
(5) days after notification. The Director of Community Development may
declare a development project or individual property that is not in
compliance with the Conditions of Approval, or for some other just cause,
a "public nuisance ". The Applicant /Developer, Homeowners' Association, or
each individual property owner, as applicable shall be liable to the City
for any and all costs and expenses to the City involved in thereafter
abating the nuisance and in obtaining compliance with the Conditions of
Approval or applicable codes. The City may enact special assessment
proceedings against the parcel of land upon which the nuisance existed to
pay all City costs related to abatement of the nuisance.
11. If the map is to record in phases, it shall be recorded in phases
consistent with the approved phasing plan on the Tentative Map.
Acceptance of Conditions
12. 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.
Reference to Conditions on Map
13. A notation which references approved conditions of approval shall be
included on the Final Map in a format acceptable to the Director of
Community Development.
Other Agency Requirements
14. 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.
15. 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
one set of rules apply, the stricter ones shall take precedence.
16. Prior to recordation of the Final Map and prior to first occupancy of each
phase, the subdivider shall provide to the City an image conversion of
building, landscape, public improvement, site plans or other required
plans into an optical format acceptable to the City Clerk.
Page 4 of 31
TRACT 4975 (C.T. Financial)
RESOLUTION NO. 96 -1230
17. If any of the condition or limitations of this subdivision are held to be
invalid, that holding shall not invalidate the remaining conditions or
limitations set forth.
18. This Tentative Map shall expire 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.
19. As of the date of recordation of Final Map, the lots /parcels depicted
thereon shall meet the requirements of the Zoning Ordinance and Specific
Plan then applicable to the property. Conditional approval of the
Tentative Map shall neither limit the power of the legislative body to
amend the applicable zoning ordinances and /or Specific Plan nor compel the
legislative body to make any such amendments, except as provided in the
Settlement Agreement dated September 7, 1994.
20. No asbestos pipe or construction materials shall be used within this
subdivision.
21. 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 Government Code Section 66499.37. The City
will promptly notify the subdivider of any such claim, action or
proceeding, and, if the City should fail to do so or should fail to
cooperate fully in the defense, the subdivider shall not thereafter be
responsible to defend, indemnify and hold harmless the City or its agents,
officers and employees pursuant to this condition.
The City may, within its unlimited discretion, participate in the defense
of any such claim, action or proceeding if both of the following occur:
The City bears its own attorney fees and costs;
Page 5 of 31
TRACT 4975 (C.T. Financial)
RESOLUTION NO. 96 -1230
The City defends the claim, action or proceeding in good faith.
The subdivider shall not be required to pay or perform any settlement of
such claim, action or proceeding unless the settlement is approved by the
subdivider. The subdivider's obligations under this condition shall apply
regardless of whether a Final Map or Parcel Map is ultimately recorded
with respect to the subdivision.
22. 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.
23. As a condition of the issuance of a building permit for each residential,
commercial or industrial use within the boundaries of the Amended
Specific Plan, the applicant shall pay the City, , a Development Fee as
described herein (the "Development Fee ") and imposed on similar
construction. The Development Fee may be expended by the City in their
sole and unfettered discretion. On the effective date of the Settlement
Agreement, the Fee shall be $1,587 per residential unit and $4,443 per
gross acre of Sub - Regional /Commercial (SR /C) or business Park (BP) land
which the commercial or industrial use is located. Commencing on the
first day of the month following the month in which the Settlement
Agreement became effective, the amount of the Development Fee shall
increase by one -half of one percent (0.5 %) per month on the first day of
the month ( "monthly indexing ").
Institutional uses, whether or not exempt from secured property taxes,
shall be exempt from the fee.
24. Every effort shall be made to use reclaimed water to irrigate temporary
erosion control landscaping and for dust control of grading operations.
Sufficient proof shall be given to the Director of Community Development
that using reclaimed water is physically or economically not feasible
prior to the Director's decision to dispense with this condition.
25. Temporary irrigation, if needed, shall be provided for all non permanent
erosion control landscaping, unless otherwise approved by the Director of
Community Development. Temporary irrigation must be replaced with
permanent irrigation prior to issuance of a Zoning Clearance for the first
building, unless drought- tolerant plants selected do not require
irrigation.
26. Landform and grading design shall be consistent with the City of Moorpark
grading standards in effect on September 7, 1994.
Page 6 of 31
TRACT 4975 (C.T. Financial) RESOLUTION NO. 96 -1230
27. Manufactured landforms shall be contoured and use daylight grading
techniques to provide a smooth and gradual transition of graded and
natural slopes, while preserving the basic character of the site.
28. Planned structures, roadways, paths, vegetation, irrigation and continuing
maintenance programs shall be used to stabilize manufactured slopes.
29. Suitable quantities of trees massed near the landform crest and shrubs of
varying sizes on graded slopes shall be used to screen structures and to
soften the visual appearance of the graded slope.
30. Grading shall emphasize scenic vistas to the open space areas.
Landscaping
Cactus wren Preservation_
31. Prior to the approval of a grading plan, initiation of rough grading, or
approval of the Final Map, a proposed Habitat Restoration Plan shall be
prepared by a qualified native plant ecologist, or other qualified
professional to reduce the impacts to the cactus wren. This plan shall be
reviewed and approved the City prior to grading.
32. Prior to grading permit approval a complete landscape plan (2 sets),
together with specifications and a maintenance program shall be prepared
by a State Licensed Landscape Architect, generally in accordance with the
Specific Plan and the City of Moorpark Guide to Landscape Plans, and shall
be submitted to the Director of Community Development for review and
approval. All streetscape landscaping shall be completed within 90 days
of completion of the related course street base. The landscaped freeway
buffer as shown on Exhibit No. 16 of the Amended Specific Plan shall be
incorporated into the design of the residential development and be
incorporated into the landscape plans.
a. The completion of all landscaping for each phase shall be completed
prior to the issuance of a Occupancy Permit for the first unit of
the phase, unless otherwise modified by the Director of Community
Development and consistent with this intent.
b. Prior to issuance of any Occupancy permit, the proportional share of
the required 600 additional 15 gallon trees for mitigation of the
removed Oak trees shall be planted as shown on the approved
landscape plan. The location of the trees shall be spread
throughout the project area and shall not block horizon views from
proposed residential units. The final location of the trees shall
be determined as part of the approval of the Landscape Plan. The
Homeowners' Association, maintenance district, or similar entity
shall be responsible for maintenance of the trees.
C. The landscape plan shall include planting and irrigation
specifications for manufactured slopes over three (3) feet in
Page 7 of 31
TRACT 4975 (C.T. Financial)
RESOLUTION NO. 96 -1230
height, and all common areas proposed to be maintained by the
owners' association, maintenance district, or similar entity.
d. The purpose of the landscaping shall be to control erosion, prevent
aesthetic impacts to adjacent property owners, mitigate the visual
impacts of all manufactured slopes three (3) feet or more in height,
and to replace mature trees lost as a result of construction.
e. The subdivider shall bear the cost of the landscape plan review,
installation of the landscaping and irrigation system, and of final
landscape inspection.
f. The landscaping shall be in place and receive final inspection prior
to final inspection of the Grading Permit or prior to occupancy if
the slope is within a residential lot.
g. The final design of all sidewalks, barrier walls, streetscape
elements, urban landscaping, and pedestrian paths within the project
limits shall be consistent with the Specific Plan and are subject to
approval of the Director of Community development.
h. Backflow preventers, transformers, or other exposed utilities shall
be shown on the landscape plan(s) and shall be screened with
landscaping and /or a wall. Backflow preventers shall be installed
within ten (10) feet from the water meter or as close as practical.
It shall be a minimum of 12 inches above grade and not more than 36
inches measured from the bottom of the devise and with a minimum 12
inch side clearance.
i. All landscaped pedestrian walkways shall be designed to provide an
aesthetically pleasing streetscape appearance. All pedestrian
walkway plans shall be subject to approval of the Director of
Community Development.
j. Landscaping at site entrances and exits and at any intersection
within the development shall not block or screen the view of a
seated driver from another moving vehicle or pedestrian.
k. Irrigation shall be provided for all permanent landscaping
identified in the approved landscape plan unless drought tolerant
plants do not require irrigation. The subdivider shall be
responsible for maintaining the irrigation system and all
landscaping until such time as an owners' association, maintenance
district, or similar entity accepts the responsibility.
1. 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 consistent with the landscape plan
approved for the subdivision.
M. Landscaping (trees) shall not be placed directly under any overhead
lighting which could cause a loss of light at ground level.
Page 8 of 31
TRACT 4975 (C.T. Financial)
RESOLUTION NO. 96 -1230
n. 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 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 the Carlsberg Specific Plan.
The median on Tierra Rejada Road and Science Drive shall be
maintained by a Citywide Assessment District while the parkways and
entryways on all arterial and collector streets as determined by the
City shall be maintained by an area wide Assessment District or
homeowners' association.
Easements shall also 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 entries from Science Drive.
o. The use of native and /or drought- tolerant shrubs and trees shall be
utilized for landscaping purposes in order to stabilize graded
slopes and encourage the return of some wildlife species displaced
from the project site as a result of grading activities.
p. Exotic plants which are known to spread beyond their original
plantings and invade native habitats such as Pampus Grass, Spanish
Broom, and Tamarisk shall not be used.
q. Prior to recordation, the final parcel map shall indicate all
landscape planting and maintenance easements. Said easement shall
encompass all man -made slopes adjacent to said lots.
Page 9 of 31
TRACT 4975 (C.T. Financial)
RESOLUTION NO. 96 -1230
r. The landscape plan shall contain plans and specifications including
temporary irrigation, if needed, for the additional trees to be
planted in the open space areas as required in the Amended Specific
Plan.
S. 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.
All landscaped areas with permanent irrigation including the Peach
Hill Road, Science Drive, Spring Road, and Tierra Rejada Road
parkways and tract entry treatments for streets intersecting Science
Drive, but exclusive of the area adjacent to SR 23 in Tract 4975
shall be maintained by a maintenance assessment district. All other
areas shall be owned and maintained by a homeowners' association
(HOA) including, but not limited to all open space areas (graded and
ungraded) including those areas requiring revegetation and with the
trees planted pursuant to item (b), all fuel modification zones,
vernal pool (Tract 4975) and trails.
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.
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 (75 %) of the homes. The developer shall be
responsible for maintenance in a condition acceptable to City
and shall maintain responsibility until the City Council
approves assumption of maintenance.
Page 10 of 31
TRACT 4975 (C.T. Financial)
RESOLUTION NO. 96 -1230
Developer shall request in writing prior to November 30 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 1.
33. 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.
34. Prior to approval of a Final Map, an unconditional availability letter
shall be obtained from the County Waterworks District No. 1 for sewer and
water service for each lot. Said letter shall be filed with the
Department of Community Development or, if said Unconditional Availability
Letter in a form satisfactory to the City cannot be obtained from the
County Waterworks District No. 1, the developer shall execute a
Subdivision Sewer Agreement in a form satisfactory to the City. Said
agreement shall permit deferral of unconditional guarantee for sewer and
water service until issuance of a building permit for each lot in the
subdivision. Said agreement shall include language holding the City
harmless against damages in the event of the ultimate lack of adequate
water or sewer service.
35. 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.
36. Prior to approval of a Final Map, the subdivider shall post sufficient
surety bond to assure that all proposed utility lines within and
immediately adjacent to the project site shall be placed underground to
the nearest off -site utility pole. All existing utilities shall also be
undergrounded to the nearest off -site utility pole with the exception of
66 KVA or larger power lines. All above grade utility fixtures shall be
placed adjacent to landscaped areas and shall be screened on three sides.
The subdivider shall indicate in writing how this condition will be
satisfied.
Page 11 of 31
TRACT 4975 (C.T. Financial)
RESOLUTION NO. 96 -1230
Fees, Contributions and Deposits
Condition Compliance Deposit
37. Prior to approval of the final map, the subdivider shall submit a deposit
for condition compliance review.
Payment of Outstanding Costs
38. Prior to approval of the final map, the subdivider shall pay all
outstanding case processing, environmental documentation costs, and all
City legal service fees and administrative costs.
Lighting
39. Lighting
shall be
habitats
in areas adjacent to the natural open space portions of the site
fully hooded and shielded to prevent illumination of sensitive
(EIR 2 -10, B5)
40. When water is present in the vernal pool, it shall not be artificially
drained or otherwise subjected to disturbance. Biological methods for
mosquito control shall be utilized, including introduction of mosquito
fish or the use of Bacillus Thuringiensis /israelensis (bt). This shall be
completed to the satisfaction of the Director of Community Development.
The Homeowners' Association shall be responsible for implementation of all
EIR measures relating to maintenance of the vernal pool area.
Citywide Mitigation Fee
41. As a condition of the issuance of a building permit for each residential,
commercial or industrial use within the boundaries of the Amended Specific
Plan, Developer shall pay City a mitigation fee (the "Mitigation Fee ").
The Mitigation Fee shall be Two Thousand Dollars ($2,000) per residential
unit. The Mitigation Fee shall be Eleven Thousand Two Hundred Dollars
($11,200) per gross acre of the Sub- Regional /Commercial (SR /C) or Business
Park (BP) lot on which the commercial or industrial use is located.
Commencing on January 1, 1997, and annually thereafter, both categories of
the Mitigation Fee shall be increased or decreased to reflect the change
in the 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 31st of the preceding year ( "annual indexing ") , but
in no event shall either category of Mitigation Fee be decreased below the
original dollar amount specified herein. Institutional uses shall pay on
the same basis as commercial and industrial uses, except that
institutional uses which are exempt from secured property taxes shall be
exempt from the fee. (SA -7)
The City of Moorpark, in their sole and unfettered discretion, may elect
not to collect the Mitigation Fee. In the event of such election,
Developers shall be responsible for all costs for traffic mitigation
Page 12 of 31
TRACT 4975 (C.T. Financial)
RESOLUTION NO. 96 -1230
measures TC12, TC13 (cost of signal installation or modification at State
Route 23 northbound ramps /Tierra Rejada Road only), TC14 (cost of signal
installation or modification at State Route 23 southbound ramps /Tierra
Rejada Road only) and TC17, as described in the SEIR. Prior to the
issuance of the first building permit within the boundaries of the Amended
Specific Plan, Developers shall make a written request of City that they
decide whether or not to make the election, and City shall notify
Developers of their decision within thirty (30) days after receipt of the
request. (SA -8)
The Mitigation Fee, if collected, may be expended by City in their sole
and unfettered discretion; provided, however, payment of the Mitigation
Fee represents payment in full of the "fair share" amounts required by
traffic mitigation measures TC12, TC13 (cost of signal installation or
modification at State Route 23 northbound ramps /Tierra Rejada Road only),
TC14 (cost of signal installation or modification at State Route 23
southbound ramps /Tierra Rejada Road only) and TC17. (SA -8)
Payment of the Mitigation Fee does not represent payment, in full or in
part, of certain traffic mitigation measures described in the SEIR that
will be installed by others but for which Developers are required to pay
"fair share" amounts to City. The "fair share" amounts shall be
determined by the following percentages applied to the actual costs of
said installations: TC7 (48 %), TC10 (34 %) and TC11 and TC13 (signal
modification at Spring Road /Los Angeles Avenue only) (50 %). (SA -8)
The remaining traffic mitigation measures described in the SEIR, to wit:
TC1, TC2, TC3, TC4 (100% of the improvements rather than the 63% provided
for in the SEIR), TC5, TC8, TC13 (signal at Science Drive /New Los Angeles
Avenue only) and TC15 (signal at "A" Street / "B" Street only) shall be in-
stalled by Developers at their sole cost and expense, without off -set
against the AOC Fee or the Mitigation Fee. The second Tierra Rejada
westbound and eastbound lanes identified in the SEIR have been constructed
by City (the "Widening Project ") . Developers shall have no financial
obligation with respect to the Widening Project except as provided in the
Settlement Agreement; provided, however, Developer shall complete
frontage improvements on the north side of Tierra Rejada Road adjacent to
the property described in Exhibit B, including, but not limited to,
approximately eight (8) feet of paving, striping, curb and gutter,
sidewalk, drainage, parkway landscaping and signage, no later than the
issuance of the first occupancy permit within the boundaries of the
property described in Exhibit "B "of the Settlement Agreement. (SA -9)
42. Other fees are listed under the heading "City Engineer Department
Conditions."
Page 13 of 31
TRACT 4975 (C.T. Financial)
M • O p •
GENERAL
RESOLUTION NO. 96 -1230
43. Tract 4974 shall have been recorded and all infrastructure improvements,
required by the conditions of approval for that tract, shall be
completed.
44. All areas to be commonly maintained including Open Space Areas and all
parks, as determined by the City, shall be designated as separate lettered
lots Parcel A, Parcel B, etc.) on final subdivision maps.
Grading:
45. The applicant 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; shall enter into an
agreement with the City of Moorpark to complete the improvements; and
shall post sufficient surety guaranteeing completion.
46. Graded slopes, visible from off -site to the west shall be hydroseeded
immediately upon completion consistent with the landscape concept plan.
The City shall specify alternate deadlines for completion of all
hydroseeding based on the grading schedule. (EIR 2 -5, Tl)
47. 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. Along with these control
measures, hydroseeding and temporary irrigation, if needed, shall be
provided on all graded slopes within 30 days of completion of grading on
those slopes. (EIR 2 -7, HY1) Interim borrow sites shall be hydroseeded
within 30 of completion of grading unless an alternate schedule is
assigned by the Director of Community Development.
48. All on -site haul routes shall be approved by the City Engineer and clearly
marked on the grading plan. 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.
49. The applicant shall submit to the City of Moorpark for review and
approval, detailed Soils and Geology Reports certified by a California
Registered Civil Engineer and Geologist. The geotechnical report shall
include an investigation with regard to liquefaction, expansive soils, and
seismic safety.
In addition, the soils report shall discuss the contents of the soils as
to the presence or absence of any hazardous waste or other contaminants in
the soils.
Page 14 of 31
TRACT 4975 (C.T. Financial)
RESOLUTION NO. 96 -1230
Note: Review of the soils and geology report by the City's consultant
will be required by the City Engineer. The applicant shall reimburse the
City for all costs including the City's administrative and overhead costs.
50. All recommendations included in the geotechnical and geology reports shall
be implemented during project design, grading, and construction in
accordance with the approved specific plan.
The City Engineer shall review all plans for conformance with the
geologist's and soils engineer's recommendations.
51. All exploratory trenches shall be identified on the grading plan. Specific
recommendations for the recompaction of these trenches shall be made as
part of the geotechnical engineers report.
52. All requests for staged grading must be submitted in writing to the City
Engineer for review and approval by the City Council.
Tract 4975 is to be graded as one project, however, import of dirt from
Tract 4977 prior to final grading is permitted. (SP -16)
53. The subdivider shall indicate in writing to the City the disposition of
any water well(s) or any other well 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 per Ventura County
Ordinance No. 2372 and per Division of Oil and Gas requirements.
54. The maximum gradient for any slope shall not exceed a 2:1 slope
inclination except where special circumstances exist. In the case of
special circumstances where steeper slopes are warranted, 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. (SP 12.2.d., EIR 2 -6 T)
55. New slopes adjacent to roadways and development areas shall be graded in
such a way that a contoured appearance is provided. Contour grading of
all slopes shall be provided to the satisfaction of the Director of
Community Development and the City Engineer. (SP- 11.2.b.)
56. No grading activities shall take place within at least 100 feet along the
perimeter 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.
57. All graded slopes shall be planted, or hydroseeded in a timely manner
meeting the approval of the Director of Community Development with
vegetation that will stabilize slopes and minimize erosion. Interim
borrow sites are to be hydroseeded within 30 days of completion of
grading, shall include temporary irrigation, as needed, and shall
minimize rectilinear form when possible. (EIR 2 -6 T9)
Page 15 of 31
TRACT 4975 (C.T. Financial)
RESOLUTION NO. 96 -1230
Temporary irrigation, hydroseeding and erosion control measures 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 sixty days or the beginning of the rainy
season whichever comes first.
58. All development areas and lots shall be designed and graded so that
surface drainage is directed to street frontages or natural or improved
drainage courses as approved by the City Engineer. (EIR 2 -6, T10, SP-
12.h.)
59. 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 slope
of less than ten (10) feet. (SP- 12.k.)
60. Grading on the perimeter of the site shall not be designed with perimeter
downslopes to property lines unless a homeowners' association, slope
maintenance district, or similar entity is established for maintenance of
such downslopes. (SP- 12.1.)
61. Interior slopes between manufactured building pads shall be designed with
up -slope property lines. (SP- 13.m.)
62. To further reduce direct and indirect impacts to the Orcutt grass and
vernal pool, no development (with the exception of drainage control
features) shall occur within 100 feet of the upper limits of the pool.
(EIR 2 -9, Bl)
63. All areas of impact to the coastal sage scrub shall be delineated on the
grading plan. All areas in which revegetation efforts will occur shall
also be identified on the grading plan and provisions to protect the
revegetation area shall be included within the grading plan as approved by
the Director of Community Development. (EIR 2 -9, B2)
64. Prior to the issuance of grading permits, the tree survey and mitigation
program shall be reviewed and approved by the Director of Community
Development. Preservation, transplanting and planting of oak trees shall
be considered.
The grading plans shall be prepared, utilizing the above information, and
shall depict the methods used during grading operations which minimizes,
to the extent possible, impacts or disruptions to said oak trees.
When it is determined which oak trees will be preserved, the following
guidelines shall apply. (SP -28.5)
Page 16 of 31
TRACT 4975 (C.T. Financial)
a. Design
RESOLUTION NO. 96 -1230
i. Grading and /or the placement of structures shall be prohibited
within the dripline or three feet from the trunks of the tree,
whichever is greater. Grading and trenching within this area
is prohibited. No fill material shall be placed within this
area.
ii. 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.
iii. For the zone between the six foot radius from the tree trunk
and the drip line alternative pervious types of paving such as
gravel, redwood chips, porous brick with sand joints, etc.
shall be utilized.
iv. Retaining walls shall be used to protect existing grades
within the driplines of trees. However, these walls shall not
alter drainage from around trees.
V. 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 dripline.
b. During Construction
i. Trees within a construction area shall be protected from
damage by equipment by installing temporary barriers such as
fencing at the dripline.
ii. Equipment, debris, building materials and /or excess soil shall
not be stored within the dripline.
iii. Trenches for utilities or irrigation shall be routed around
the dripline 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
driplines of trees where possible.
65. So as to reduce debris from entering sidewalk and streets, the approved
grading plan shall show a slough wall, 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
Page 17 of 31
TRACT 4975 (C.T. Financial)
RESOLUTION NO. 96 -1230
developer 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.
Provisions shall be made in the CC &R's for the maintenance of the slough
walls. The slough walls shall be maintained by the same entity
responsible for maintaining the adjacent slope.
STORM RUN -OFF
66. The storm drain system will be designed to accommodate 50 -year storm
flows.
67. The applicant 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.
The plans shall depict all on -site and off -site drainage structures
required by the City. (EIR 2 -7, HY2)
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:
b. All storm drains shall carry a 50 -year frequency storm;
C. All catch basins shall carry a 50 -year storm;
d. All catch basins in a sump condition shall be sized such that depth
of water at intake shall equal the depth of the approach flows;
e. All culverts shall carry a 100 -year frequency storm;
f. Drainage facilities shall be provided such that surface flows are
intercepted and contained prior to entering collector or secondary
roadways;
g. Under a 50 -year frequency storm, local, residential and private
streets shall have one dry travel lane available on interior
residential streets. Collector streets shall provide a minimum of
one dry travel lane in each direction;
h. 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 subdivider;
Page 18 of 31
TRACT 4975 (C.T. Financial)
RESOLUTION NO. 96 -1230
i. All drainage grates shall be designed and constructed with
provisions to provide adequate bicycle safety to the satisfaction of
the City Engineer;
j. If the land to be occupied is in an area of special flood hazard,
the subdivider shall notify all potential buyers in writing of this
hazard condition. The grading plan shall also show contours
indicating the 50, 100 & 500 year flood levels.
k. With the exception of the bench drains emptying into the cul -de -sacs
for "D ", "F" and "G" streets, all flows from brow ditches, ribbon
gutters and similar devices shall be deposited into the storm drain
system prior to entering streets. If necessary, the storm drain
shall be extended beyond the public right -of -way through easements
to eliminate surface flow between parcels. Both storm drain and
easements outside the right -of -way are to be maintained by the
Property- Owners' Association.
1. 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. (EIR 2 -6, T12, SP- 12.j.)
M. Drainage for the development shall be designed and installed with
all necessary appurtenances to safely contain and convey storm flows
to their final point of discharge, subject to review and approval of
the City Engineer.
n. This hydraulic /hydrology study shall analyze the hydraulic capacity
of the existing drainage system with and without the storm drain
system for the proposed development. The applicant shall make any
downstream improvements, required by the City, to support the
proposed . development of Tract 4975.
68. The applicant shall demonstrate for each building pad, to the satisfaction
of the City Engineer, as follows:
a. Adequate protection from a 100 -year frequency storm; and
b. Feasible access during a 50 -year frequency storm.
C. Hydrology calculations shall be per current Ventura County
Standards.
69. The applicant shall provide for all necessary on -site and off -site storm
drain facilities required by the City to accommodate upstream and on -site
flows. Facilities, as conceptually approved in the Specific Plan and
approved by the City, shall be delineated on the final drainage plans.
Either on -site retention basins or storm water acceptance deeds from off -
site property owners must be specified. Where applicable these facilities
must also be acceptable to the Ventura County Public Works Agency. (EIR 2-
7, HY3)
Page 19 of 31
TRACT 4975 (C.T. Financial)
RESOLUTION NO. 96 -1230
70. 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 &R's shall be submitted for review and approval and shall include
provisions for the Homeowner's Association or maintenance district to
maintain any private storm drainage systems.
STREET IMPROVEMENTS
71. The applicant shall submit to the City of Moorpark for review and
approval, street improvement plans prepared by a Registered Civil
Engineer; shall enter into an agreement with the City of Moorpark to
complete the improvements; and shall post sufficient surety guaranteeing
the construction of the improvements. Street improvements and median and
parkway landscaping shall not be accepted by the City for maintenance
until completion of all units in the tract, unless determined otherwise by
the City Council.
The street improvements shall include concrete curb and gutter, sidewalk,
median(s), street lights, traffic signals, striping and signing, interim
striping and traffic control, paving, and any necessary transitions to the
satisfaction of the City Engineer. All driveway locations shall be
approved by the City Engineer and the Director of Community Development.
The subdivider shall dedicate the necessary right -of -way to make all of
the required improvements.
The applicable Ventura County Road Standard Plates are as follows and have
been modified to conform to the cross sections shown on Exhibit 9 of the
Carlsberg Specific Plan dated 9 -7 -94 or as otherwise provided in the
Settlement Agreement of the same date. (In the case of any conflicts, the
Settlement Agreement shall take precedence over the design and timing for
construction of all improvements and or payments for improvements.)
72. Prior to the issuance of the first zone clearance for occupancy for Tract
4975, the 94 foot right -of -way for Spring Road adjacent to the Conejo
Freeway Properties, Ltd's west property boundary extending from APN 500-
0- 350 -36 to Tierra Rejada Road will be dedicated to the City. An
additional two (2) foot pedestrian easement, for sidewalk purposes, shall
be provided outside and adjacent to the easterly Spring Road right of way.
The easement shall extend from Tierra Rejada Road to Christian Barrett
Road and shall be shown on the final map. (SP -16 3.b. par. 3)
73. Science Drive south of Peach Hill Road shall be per Ventura County
Standard Plate B -2A with a modified 104 foot right -of -way per cross
section "B -1" of Exhibit 9 of the Carlsberg Specific Plan (revised 9 -7-
94) .
Page 20 of 31
TRACT 4975 (C.T. Financial) RESOLUTION NO. 96 -1230
74. Science Drive, including the Peach Hill Road intersection, is to be
constructed from Peach Hill Road to Tierra Rejada Road prior to issuance
of the first zone clearance for occupancy for residential units in Tract
4975 (TC3).
North leg intersection improvements at Science Drive and Tierra Rejada
Road shall also be completed at this time The improvements shall provide
westbound right -turn lane, eastbound left -turn lane, southbound left -turn
lane, and southbound right -turn lane (project share 100 percent) (EIR 2-
11, TC4, SA -pg. 9 par. 1).(i)
75. The developer is to fully construct the Science Drive /Peach Hill Road
Intersection and provide northbound left -turn lane, shared northbound
through /right turn lane, shared southbound through /right turn lane,, east-
bound left -turn lane, shared eastbound right -turn /through lane, westbound
left turn lane and shared westbound through /right turn lane. (EIR 2 -11,
TC3) The developer's traffic engineer shall verify that no Level of
Service decreases shall occur as a result of the shared westbound
through /right turn lane. Should a level of service D result at this
intersection then the developer shall provide the City adequate right of
way and construct a dedicated westbound right turn lane onto Science
Drive.
76. Left turn storage lanes are required at all intersections along Science
Drive as shown on the Amended Specific Plan. No other median breaks are
allowed.
77. The City will consider a request for the acceptance of Science Drive upon
the following: a) completion and approval of all Science Drive street
improvements; b) recordation of all final maps; c) completion of all
phases of work; and d) the occupancy of at least seventy -five percent
(75 %) of the lots. The developer may request and the City may accept only
that portion of Science Drive situated north or south of Peach Hill Road,
provided all of the above criteria is met with respect to that portion of
the Carlsberg development located adjacent to said segment of Science
Drive.
78. All driveways shall be located on lots such that no portion of the
driveways shall be closer than 65 feet to the closest beginning of curve
radius for the intersection with Science Drive (This may require shifting
of some lots or lot lines). Easements and landscaping shall also be
provided at the intersection with Science Drive to enhance the tract
entries, subject to the approval of the Director of Community Development.
79. Tierra Rejada Road adjacent to Tract 4975 and Tract 4977 shall be per
Ventura County Standard Plate B -2B with a modified 94 foot right -of -way
per cross section "F" of Exhibit 9 of the Carlsberg Specific Plan (revised
9- 7 -94).
Page 21 of 31
TRACT 4975 (C.T. Financial)
RESOLUTION NO. 96 -1230
Tierra Rejada Road street improvements shall include a westbound right -
turn lane at the Science Drive and Spring Road intersections. Northside
Tierra Rejada Road improvements shall include, but not be limited to,
approximately eight (8) feet of additional paving, striping, curb and
gutter, sidewalk, drainage, parkway landscaping and signage. (SA -9, par.
1) A dedication of a three (3) foot pedestrian /sidewalk easement shall be
provided north of the proposed right of way as shown on the approved
tentative map.
These north side improvements, east of the Spring Road intersection to the
SR -23 freeway, shall be constructed prior to issuance of the first zone
clearance for occupancy for residential units in Tract 4975, SA -9 par. 1)
Other:
80. Traffic signals at the following intersections; Spring Road /Tierra Rejada
Road, Moorpark Road /Tierra Rejada Road and Science Drive /Tierra Rejada
Road shall be installed or modified prior to the issuance of the first
zone clearance for occupancy within Tract 4975,(TC13., TC14., TC15. and
TC16). Payment of the AOC fee shall represent payment in full of the
applicant's fair share amount for those improvements.
81. The Developer shall contribute their fair share to the construction of the
Moorpark Road /Tierra Road intersection, to the extent that the following
improvements exceed the AOC widening costs of Tierra Rejada Road; add
second westbound left -turn lane, second northbound right -turn lane,
eastbound right- turn lane, and provide northbound right -turn overlap with
the westbound left -turn overlap as part of signal installation (project
share is 480).
82. Prior to the issuance of the first building permit for any residential,
unit within Tract 4975, the applicant shall pay City the Tierra
Rejada /Spring Road Area of Contribution Fee (the "AOC Fee ") . The AOC Fee
shall be the dollar amount in effect at the time of the payment of the
fee. (SA -6)
Payment of the AOC Fee shall represent payment in full of the "fair share"
amounts required by traffic mitigation measures TC6, TC9, TC13 (cost of
signal installation or modification at Spring Road /Tierra Rejada Road
only), TC14 and TC16 (cost of signal installation at Moorpark Road /Tierra
Rejada Road only) and TC15 (cost of signal installation at "A"
Street /Tierra Rejada Road only), as described in the SEIR. (SA -6 &7)
83. The applicant shall include bus stop turnouts in the final street
improvement plans if required by the Director of Community Development.
(EIR 2 -16, A8)
The final location of the bus turnout and facilities shall be approved by
the Director of Community Development.
Page 22 of 31
TRACT 4975 (C.T. Financial)
RESOLUTION NO. 96 -1230
84. The developer shall adhere to Business and Professions Code 8771 which
requires that all monuments be located and tied out prior to any
construction or relocation of a street.
The developer's 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.
85. Street lights shall be provided per Ventura County Standards and as
approved by the City Engineer. The subdivider shall pay all energy costs
associated with street lighting for a period of one year from the
acceptance of the street improvements.
86. 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. Said slope easements shall
include the area covered by the cut slope plus 5 feet and fill slope plus
5 feet.
87. The developer shall provide that the site /grading and improvement plans
assure pedestrian and bikeway access between all bus stops and bicycle
paths, respectively; and adequate on -site development of such. (EIR 2 -16,
A9)
88. State Route 23 northbound offramp /Tierra Rejada Road: Applicant to pay
fair share of the costs to convert the shared northbound left -turn
lane /northbound right -turn lane to northbound right -turn lane, and to add
second northbound left -turn lane and second northbound right -turn lane.
Note: These improvements are required to mitigate "no- project" as well as
"with- project" conditions. Payment of the Mitigation fee as described in
the Settlement Agreement shall represent payment of the applicants "fair
share ".(EIR 2 -13, TC12, SP -18 par. 1)
89. Applicant to pay fair share of the costs for the signal reconstructions at
Spring Road /Tierra Rejada Road, (Payment of the AOC fee shall represent
payment "in full" of the applicants fair share amount for this
intersection). (SA -7 par. 2).
90. Applicant to pay fair share of the costs to improve the signal at State
Route 23 southbound ramp /Tierra Rejada Road (Payment of the Mitigation fee
as described in the Settlement Agreement shall represent payment of the
applicants "fair share" (EIR 2 -13 TC14, SA -8, SP -18 par. 1)
91. Applicant to pay fair share of the costs for the signal installations at
Moorpark Road /Tierra Rejada Road (Payment of the AOC fee shall represent
payment "in full" of the applicants fair share amount for this
intersection (SA -7 par. 2, EIR 2 -13 TC14)
92. Applicant to fully install the signals at Science Drive /Tierra Rejada Road
(Payment of the AOC fee shall represent payment "in full" of the
applicants fair share amount for this intersection. (SA -7 par. 2, EIR 2-
13, TC15)
Page 23 of 31
TRACT 4975 (C.T. Financial)
RESOLUTION NO. 96 -1230
93. The project developer shall contribute a fair share to improvements to
County roadways or related facilities (cost of signal installation or
modification at State Route 23 southbound ramp /Tierra Rejada Road only) if
a reciprocal agreement between the County of Ventura and the City of
Moorpark addressing said matter is approved. (Payment of the Mitigation
fee as described in the Settlement Agreement shall represent payment of
the applicants "fair share ").(SP -18, TC -14, TC -17)
94. The final map shall indicate the location of all trail easements. The
minimum widths of said easements shall be a minimum of 12 feet wide. The
trails easements shall be offered for dedication to the City of Moorpark.
Prior to recordation, the subdivider shall bond for construction of the
proposed trails at 150% 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 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
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.
95. The developer shall submit a trails plan concurrent with the grading plan
to be completed along with appropriate grading and landscaping for the
construction phase.
The approximate length and location of the trails consistent with Exhibit
8 of the Amended Specific Plan, shall be constructed in native soil with
approximately a three foot width rather than decomposed granite. The
width and construction standards of the trails shall be modified from that
as shown in the Amended Specific Plan. The precise location,'size and
type of construction of the trails shall be subject to the review and
approval of the Director of Community Development.
96. Where roads are to be built requiring 4 or more inches of pavement,
subdivider shall construct the required street section minus 1 -1/2 inches
of paving as an interim condition until all utility cuts or trenching is
completed and the City Engineer grants approval to accomplish this task.
The final 1 -1/2 inches cap of asphalt shall be placed after all necessary
trenching is completed. In areas of longitudinal trenching, paving
fabric shall be used to prevent reflective cracking.
97. Any right -of -way acquisition necessary to complete the required
improvements will be acquired by the subdivider at his expense.
98. Publicly dedicated streets shall conform to the design requirements of the
Ventura County Road Standards (most recent revision) except as provided in
the Specific Plan and as follows.
a. Sidewalks to be a minimum of five feet wide at all points.
Page 24 of 31
TRACT 4975 (C.T. Financial)
RESOLUTION NO. 96 -1230
b. Parkways shall maintain a minimum crossfall of 2% toward the street
for a minimum distance of 10 feet from the curb face.
99. The applicant shall submit wall and landscaping plans and a copy of the
CC &R's showing that provisions have been taken to provide for and maintain
proper sight distances.
100. Special tract entry landscaping, , shall be approved by the Director of
Public Works and Director of Community Development. (SP -24 4. par. 3)
101. The subdivider shall post sufficient surety guaranteeing completion of all
improvements which revert to the City (i.e., grading, street improvement,
signalization, storm drain 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 surety
agreement shall also include provisions for all off -site improvements
along the entire frontage of Tract 4975 and other offsite improvements
which require mitigation as described herein.
102. The applicant shall demonstrate legal access to all parcels to the
satisfaction of the City Engineer.
UTILITIES
103. Utilities, facilities and services for Tract 4975 will be extended and /or
constructed in conjunction with its phased development by the developer as
the project proceeds.
a. Water & Sewer
The developer will be responsible for the construction of all onsite
and offsite sanitary sewer facilities to serve the project. The
developer shall enter into an agreement with V.C.W.W. Dist. No. 1
to construct the improvements and the system will be dedicated to
V.C.W.W. Dist. for maintenance. (SP -14)
b. Prior to recordation of a final map, the City, Calleguas Municipal
Water District and Ventura County 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 Ventura
County Waterworks District No. 1 stating when and how facilities
will be funded and constructed. The system will be designed and
constructed to meet the requirements of the proposed land uses and
applicable City, Calleguas and V.C.W.W. District No. 1 standards.
(SP -13)
C. Other Utilities:
Provisions for electrical, natural gas, telephone and solid waste
collection services and cable television to Tract 4975 will be made
prior to development of the project area. All services can be
Page 25 of 31
TRACT 4975 (C.T. Financial)
OTHER
RESOLUTION NO. 96 -1230
extended by each respective company to meet future demands of the
tract. Natural gas service will be provided by Southern California
Gas. Electric service will be provided by Southern California
Edison. Telephone service will be provided by Pacific Bell. Solid
waste collection will be provided by private companies as regulated
by the City. These services will be phased in conjunction with
development of the project area. (SP -14)
104. 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 Governmental
Code Section 66457.
a. Notify the City of Moorpark in writing that the applicant 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. Supply the City with (I) a legal description of the interest to be
acquired, (ii) a map or diagram of the interest to be acquired
sufficient to satisfy the requirements of subdivision (e) of Section
1250.310 of the Code of Civil procedure, (iii) a current appraisal
report prepared by an appraiser approved by the City which expresses
an opinion as to the fair market value of the interest to be
acquired, and (iv) a current Litigation Guarantee Report.
C. Enter into an agreement with the City, guaranteed by such cash
deposits or other security as the City may require, pursuant to
which the applicant will pay all of the City's cost (including,
without limitation, attorney's fees and overhead expenses) of
acquiring such an interest in the land.
105. The subdivider shall pay all County fees related to Computer -aided Mapping
System (CAMS).
IN CONJUNCTION WITH APPROVAL OF FINAL MAP, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
106. The subdivider shall offer to dedicate to the City of Moorpark public
service easements as required by the City.
107. The subdivider shall offer to dedicate to the City of Moorpark, public
use, all right -of -way for public streets.
108. The subdivider shall dedicate to the City of Moorpark the access rights
adjacent to the SR -23 freeway, Tierra Rejada Road and Science Drive except
for access locations approved by the Amended Specific Plan or subsequent
action of the City Council.
Page 26 of 31
TRACT 4975 (C.T. Financial)
RESOLUTION NO. 96 -1230
109. That prior to submittal of the Final Map, 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.
Enforcement of Vehicle Codes
110. Prior to Occupancy, the applicant shall request the City to enforce
appropriate vehicle codes on subject property as permitted by Vehicle Code
Section 21107.7.
111. 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. (EIR 2 -8, HY3 & 4)
112. 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.
113. Work conducted during the school year shall be coordinated with the
Moorpark Unified School District and the City Engineer.
No construction, detours or obstructions shall be allowed on Peach Hill
Road, Science Drive or Spring Road during the regular school year between
the hours of 8:00 -9:00 A.M. and 3:00 -4:00 P.M.
114. All trucks importing or exporting fill to or from the Tract shall use
tarpaulins to cover the load and shall operate between the hours of 9 a.m.
to 5 p.m. on weekdays only. As an option the haul material may be watered
in lieu of covering. (If approved by the City Engineer)
115. All unimproved areas with vehicle traffic shall be watered periodically
and the vehicle speed shall be limited to 15 mph.
116. During site preparation and construction, minimize disturbance of natural
groundcover on the project site until such activity is required for
grading and construction purposes.
117. During clearing, grading, earth moving or excavation operations, dust
emissions should be controlled by regular watering (If feasible water from
the Arroyo shall be used), paving construction roads and other dust pre-
vention measures. The applicant shall submit a dust control plan,
acceptable to the city, concurrently with submittal of the mass (as
opposed to the precise) grading plan. This plan shall include, but is not
be limited to the following measures: (EIR 2 -14, A -1)
Page 27 of 31
TRACT 4975 (C.T. Financial)
RESOLUTION NO. 96 -1230
a. Water all site access roads and material excavated or graded on- or
off -site to prevent excessive amounts of dust. Watering shall occur
at least two times daily, preferably in the late morning and after
the completion of work for the day.
b. 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 APCD meteorologist for
current information about average wind speeds.
C. Water or securely cover all material transported off -site and on-
site to prevent excessive amounts of dust.
d. Minimize the area disturbed at any one time by clearing, grading,
earth moving and excavation so as to prevent excessive amounts of
dust.
e. Keep all grading and construction equipment on or near the site,
until these activities are completed.
f. Wash off heavy -duty construction vehicles before they leave the
site.
g. When appropriate, seed exposed surfaces with a fast - growing, soil -
binding plant to reduce wind erosion and its contribution to local
particulate levels.
h. Observe a 15 mile per hour speed limit for the construction area.
i. Periodically sweep public streets in the vicinity of the site to
remove silt (i.e., fine earth material transported from the site by
wind, vehicular activities, water runoff, etc.) which may have
accumulated from construction activities. (EIR 2 -14, Al)
118. The developer shall request that all employees involved in grading opera-
tions on the project wear face masks during dry periods. (EIR 2 -15, A3)
119. Maintain equipment engines in good condition and in proper tune as per
manufacturers' specifications to prevent excessive emissions. (EIR 2 -16,
A4)
120. All diesel engines used in construction equipments should use high
pressure injectors. (EIR 2 -16, A5)
121. All diesel engines used in construction equipments should use reformulated
diesel fuel. (EIR 2 -16, A6)
122. 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. (EIR 2 -16, A2)
Page 28 of 31
TRACT 4975 (C.T. Financial)
RESOLUTION NO. 96 -1230
123. During site preparation and construction, construct temporary storm water
diversion structures per City of Moorpark standards.
124. Construction activities shall be limited to weekdays between the hours of
7:00 A.M. and 7:00 P.M. and Saturdays from 9:00 A.M. to 5:00 P.M.
Construction inspection outside regular City working hours may require a
premium be paid for overtime of City inspectors. No construction
activities shall occur on Sundays. (EIR 2 -19, Nl)
125. Truck noise from hauling operations shall be minimized through establish-
ing hauling routes which avoid residential areas. The hauling plan must
be identified on the grading plan and approved by the City Engineer. (EIR
2 -19, N2)
126. The developer shall provide staging areas on -site to minimize off -site
transportation of heavy construction equipment. Locate these areas to
maximize the distance between activity and residential areas. (EIR 2 -19,
N3)
127. The developer shall ensure that construction equipment is fitted with
modern sound - reduction equipment. (EIR 2 -19, N4)
128. 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.
129. The subdivider shall utilize all prudent and reasonable measures
(including a 6 foot high chain link fence around the construction sites of
buildings and structures, or as determined by the City Engineer) to
prevent unauthorized persons from entering the work site at any time and
to protect the public from accidents and injury or provide on -site
security personnel.
PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION, THE FOLLOWING
CONDITIONS SHALL BE SATISFIED:
130. Reproducible centerline tie sheets shall be submitted to the City
Engineer's office.
131. The applicant 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.
132. A copy of the recorded Map(s) shall be forwarded to the City Engineer for
filing.
133. Sufficient surety in a form acceptable to the City guaranteeing the public
improvements pertinent to each phase shall be provided.
Page 29 of 31
TRACT 4975 (C.T. Financial)
RESOLUTION NO. 96 -1230
All surety guaranteeing the public improvements shall remain in place for
one year following acceptance 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 of 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.
134. A drainage swale shall be constructed behind the existing slough wall
located on the south side of Peach Hill Road. The swale shall empty into
an drainage device as approved by The City Engineer.
135. 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 on sheets larger than 22" X 3611, they must be resubmitted as
"as builts" in. series of 22" X 36" mylars (made with proper overlaps)
with a title block on each sheet. Submission of "as builts" plans is
required before a final inspection will be scheduled.
136. Prior to combustible construction, all weather access road /driveway,
suitable for use by a 20 ton Fire District vehicle shall be installed.
This improvement, or provisions to guarantee its installation, shall be
completed prior to recordation.
137. All driveways shall have a minimum vertical clearance of 13 feet 6 inches
(13' 6 ") .
138. Approved turnaround areas or easements for fire apparatus shall be
provided where the access road is 150 feet or farther from the main
thoroughfare.
139. Two (2) means of ingress /egress shall be provided to the development in
accordance with Fire District Private Road Guidelines.
140. The access road shall be of sufficient width to allow for a 40 foot
turning radius at all sharp turns in the road.
141. The private road(s) shall be named if serving more than two (2) parcels or
is longer than 299 feet. Prior to recordation of street names, proposed
names shall be submitted to the Fire District's Communications Center for
review.
142. 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.
143. Prior to recordation, the applicant shall provide the Fire District
verification from the water purveyor that the purveyor can provide the
required fire flow for the project.
Page 30 of 31
TRACT 4975 (C.T. Financial)
RESOLUTION NO. 96 -1230
144. Applicant shall obtain VCFD Form No. 126 "Requirements For Construction"
prior to obtaining a building permit for any new structures or additions
to existing structures.
145. Prior to combustible construction, where required by the Fire District,
there shall be two ingress /egress points for each lot. The location and
construction of these ingress /egress points shall be approved by the Fire
Department. Phase One of Tentative Tract No. 497 shall complete Science
Drive from Tierra Rejada Road to Peach Hill Road prior to combustible
construction.
146. All water mains and applicable hydrants shall be installed prior to
combustible construction. Fire Flow requirements shall be calculated for
each project individually.
147. 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.
GENERAL REQUIREMENT:
148. Applicant for service shall comply with the Ventura County Waterworks
District No. 1 "Rules and Regulations" including all provisions of or
relating to the existing Industrial Waste Discharge Requirements and
subsequent additions or revisions thereto. Ultra low plumbing fixtures
are required in all new construction.
Prior to approval of the first phase of the Final Map, the developer shall
work with Waterworks District No. 1 to ensure that any water tank on the
project site shall be painted an earthtone color, such as tan, and
screened with an earthen berm and drought tolerant landscaping to minimize
visual impacts. The tank color and landscaping plan shall be approved by
the Director of Community Development prior to installation. An
irrigation system shall be established for the landscaping; however,
irrigation can be discontinued after landscaping has become established
and irrigation water is no longer required, upon written approval of the
Director of Community Development.
Page 31 of 31
TRACT 4976 (C.T. Financial) RESOLUTION NO. 96 -1230
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
NOTE: THE FOLLOWING REFERENCES ARE USED IN THE CONDITIONS OF APPROVAL: SA
(SETTLEMENT AGREEMENT), SP(SPECIFIC PLAN), SEIR(SUBSEQUENT ENVIRONMENTAL
IMPACT REPORT), OTHER REFERENCES ARE FROM THE MITIGATION MONITORING
PROGRAM FOR THE AMENDED SPECIFIC PLAN. THE TERMS; OWNER, APPLICANT,
DEVELOPER AND SUBDIVIDER ARE USED INTERCHANGEABLY HEREIN AND APPLY TO THE
ORIGINAL APPLICANT AS WELL AS TO ALL SUCCESSORS AND ASSIGNS.
GENERAL REQUIREMENTS:
1. The conditions of approval of this Tentative 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.
Requirement for Recordation of Tentative Tr Map No 4974 and omnlPt - ion of
Conditions Of Approval for Approved Residential Planned Development Permit
2. This Tentative Map shall not record until: A) Tentative Tract Map No.
4974 records; B) A Residential Planned Development Permit is approved; and
C) The Prior to Issuance of Zoning Clearance conditions of approval of the
Residential Planned Development Permit have been completed.
Setbacks for Residential P1 an rl Devcl npm nt Permit
t
3. The setbacks for the proposed residences shall by varied so as to provide
visual diversity. The location of the buildable areas as shown on the
Tentative Tract Map shall not be construed to be the location of the
setbacks of the future residences. A criteria for this is that there
shall be a minimum of three feet variation with a maximum variation of
five feet for the front setback between adjacent lots, with no more than
two adjacent lots having the same front setback.
Requirement for Private Recreational Are a
4. Prior to the approval of the final map, the Settlement Agreement and
Mutual Release executed on September 7, 1994, by and between City and
developer shall be amended to provide for the payment of a recreation
facilities fee (Recreation Fee). Said Recreation Fee is in lieu of
providing private recreation facilities in Tentative Tracts 4975, 4976,
4977 and 4980.
City may expend Recreation Fee in its sole and unfettered discretion to
provide community recreation facilities; provided, however, payment of
Recreation Fee represents payment in full for providing private recreation
facilities in Tentative Tracts 4975, 4976, 4977 and 4980.
Developer and City agree that the Residential Planned Development (RPD)
permits to be filed for Tentative Tracts 4975, 4976, 4977 and 4980 shall
Page 1 of 31
TRACT 4976 (C.T. Financial)
RESOLUTION NO. 96 -1230
also include a condition for payment of the Recreation Fee; and the City
agrees that no other condition for providing private recreational
facilities shall be imposed on any RPD permit for the aforementioned
Tentative Tracts. The Recreation Fee shall be $400.00 per lot and shall
be paid for each tract at such time as Developer sells the tract to a
successor or at the time the first zone clearance is issued for a
residential building permit (excluding models), in the Tract, whichever
first occurs. Commencing on January 1, 2002, the amount of the Recreation
Fee shall increase by one -half of one percent (0.5) per month (monthly
indexing) on any Recreation Fee not yet paid.
5. Covenants, Conditions and Restrictions (CC &R's) and By -Laws establishing
one or more Homeowners' Associations for the residential development shall
be prepared. The CC &R's shall identify all common Maintenance Areas for
the residential areas, including maintenance of all hiking trails, open
space lots, parkway landscaping for all streets within residential tracts,
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 &R's 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 conditions of approval
shall be highlighted in the copies of the CC &R's submitted for City
review. Prior to the sale of any lots, the CC &R's 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 &R's. The Homeowners' Associations may modify the CC &R's only
to the extent that they do not conflict with the terms of approval of the
Tentative Tract Map or approved Residential Planned Development Permit.
Sixty (60) days notice must be given to the City of the intent to modify
CC &R's. Further, it is the sole responsibility of the individual
Homeowners' Associations to enforce the CC &R's.
One or more homeowners' associations shall be established for Tentative
Tract Map Nos. 4975, 4976, 4977 4980 and the institutional lots. The
homeowners' association shall be responsible for all construction and
maintenance related to the natural open space, the trails, the vernal
pool, and any manicured landscaping not adjacent to a public right -of -way,
exclusive of the freeway. An assessment district zone of benefit shall be
created for maintaining the parkway along the four collector streets -
Science Drive, Spring Road, Tierra Rejada Road and Peach Hill Road. The
medians on Science Drive, Spring Road and Tierra Rejada Road are to be
ultimately be part of the Citywide Assessment District. If an assessment
district zone of benefit is not created, the responsibility for all
construction and maintenance shall be the responsibility of the
homeowners' association.
Page 2 of 31
TRACT 4976 (C.T. Financial)
RESOLUTION NO. 96 -1230
If the applicant can obtain another alternative for management of the
above stated areas prior to recordation of the Tentative Tract Map, it
will be considered by the City.
All natural open space areas as shown on the map shall be open to the
general public and shall be owned and maintained by a Homeowner's
Association. The City Council may consider a privately funded option
prior to recordation of the map.
6. Prior to occupancy of the 227th dwelling unit within the Carlsberg
Specific Planning area, the developer shall dedicate an improved park to
the City. The park shall be improved and available (open) to the public
as described in the Settlement Agreement and Mutual Release. Prior to
approval of the Final Map, the developer shall post a bond or other
security acceptable to the City for construction of the improved park.
7. Any changes to the Tentative Map, including but not limited to phasing,
lot sizes or dimensions, street layout, and areas to be graded, shall
require the filing of an application for Modification. The type of
Modification permit shall be determined by the Director of Community
Development pursuant to the criteria established in the Amended Carlsberg
Specific Plan Zoning Code and Subdivision ordinance.
8. Television cable service shall be provided to all residential units
consistent with existing cable system requirements. Undergrounding of
cable wires is required and no lines shall be allowed to be extended along
the exterior walls of the residential buildings.
Archeological or Historical Finds
9. If any archeological 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
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.
The developer shall be responsible for the costs associated with the
professional investigation.
10. The continued maintenance of the common maintenance areas shall be subject
to periodic inspection of the City. The applicant, developer or
responsible Homeowners' Association, or similar maintenance entity, shall
Page 3 of 31
TRACT 4976 (C.T. Financial)
RESOLUTION NO. 96 -1230
be required to remedy any defects in landscape maintenance or other common
maintenance facilities, as indicated in writing by the City, within five
(5) days after notification. The Director of Community Development may
declare a development project or individual property that is not in
compliance with the Conditions of Approval, or for some other just cause,
a "public nuisance ". The Applicant /Developer, Homeowners' Association, or
each individual property owner, as applicable shall be liable to the City
for any and all costs and expenses to the City involved in thereafter
abating the nuisance and in obtaining compliance with the Conditions of
Approval or applicable codes. The City may enact special assessment
proceedings against the parcel of land upon which the nuisance existed to
pay all City costs related to abatement of the nuisance.
Phasing
11. If the map is to record in phases, it shall be recorded in phases
consistent with the approved phasing plan on the Tentative Map.
Acceptance of Conditions
12. 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.
Reference to Conditions on Map
13. A notation which references approved conditions of approval shall be
included on the Final Map in a format acceptable to the Director of
Community Development.
other Agency Requirements
14. 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.
15. 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
one set of rules apply, the stricter ones shall take precedence.
16. Prior to recordation of the Final Map and prior to first occupancy of each
phase, the subdivider shall provide to the City an image conversion of
building, landscape, public improvement, site plans or other required
plans into an optical format acceptable to the City Clerk.
Page 4 of 31
TRACT 4976 (C.T. Financial)
RESOLUTION NO. 96 -1230
17. If any of the condition or limitations of this subdivision are held to be
invalid, that holding shall not invalidate the remaining conditions or
limitations set forth.
Expiration of Map
18. This Tentative Map shall expire 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.
5
19. As of the date of recordation of Final Map, the lots /parcels depicted
thereon shall meet the requirements of the Zoning ordinance and Specific
Plan then applicable to the property. Conditional approval of the
Tentative Map shall neither limit the power of the legislative body to
amend the applicable zoning ordinances and /or Specific Plan nor compel the
legislative body to make any such amendments, except as provided in the
Settlement Agreement dated September 7, 1994.
20. No asbestos pipe or construction materials shall be used within this
subdivision.
21. 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 Government Code Section 66499.37. The City
will promptly notify the subdivider of any such claim, action or
proceeding, and, if the City should fail to do so or should fail to
cooperate fully in the defense, the subdivider shall not thereafter be
responsible to defend, indemnify and hold harmless the City or its agents,
officers and employees pursuant to this condition.
The City may, within its unlimited discretion, participate in the defense
of any such claim, action or proceeding if both of the following occur:
The City bears its own attorney fees and costs;
Page 5 of 31
TRACT 4976 (C.T. Financial)
RESOLUTION NO. 96 -1230
The City defends the claim, action or proceeding in good faith.
The subdivider shall not be required to pay or perform any settlement of
such claim, action or proceeding unless the settlement is approved by the
subdivider. The subdivider's obligations under this condition shall apply
regardless of whether a'Final Map or Parcel Map is ultimately recorded
with respect to the subdivision.
22. 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.
23. As a condition of the issuance of a building permit for each residential,
commercial or industrial use within the boundaries of the Amended
Specific Plan, the applicant shall pay the City, , a Development Fee as
described herein (the "Development Fee ") and imposed on similar
construction. The Development Fee may be expended by the City in their
sole and unfettered discretion. On the effective date of the Settlement
Agreement, the Fee shall be $1,587 per residential unit and $4,443 per
gross acre of Sub - Regional /Commercial (SR /C) or business Park (BP) land
which the commercial or industrial use is located. Commencing on the
first day of the month following the month in which the Settlement
Agreement became effective, the amount of the Development Fee shall
increase by one -half of one percent (0.5 %) per month on the first day of
the month ( "monthly indexing ") . Institutional uses, whether or not exempt
from secured property taxes, shall be exempt from the fee.
24. Every effort shall be made to use reclaimed water to irrigate temporary
erosion control landscaping and for dust control of grading operations.
Sufficient proof shall be given to the Director of Community Development
that using reclaimed water is physically or economically not feasible
prior to the Director's decision to dispense with this condition.
25. Temporary irrigation, if needed, shall be provided for all non permanent
erosion control landscaping, unless otherwise approved by the Director of
Community Development. Temporary irrigation must be replaced with
permanent irrigation prior to issuance of a Zoning Clearance for the first
building, unless drought - tolerant plants selected do not require
irrigation.
26. Landform and grading design shall be consistent with the City of Moorpark
grading standards in effect on September 7, 1994.
Page 6 of 31
TRACT 4976 (C.T. Financial)
RESOLUTION NO. 96 -1230
27. Manufactured landforms shall be contoured and use daylight grading
techniques to provide a smooth and gradual transition of graded and
natural slopes, while preserving the basic character of the site.
28. Planned structures, roadways, paths, vegetation, irrigation and continuing
maintenance programs shall be used to stabilize manufactured slopes.
29. Suitable quantities of trees massed near the landform crest and shrubs of
varying sizes on graded slopes shall be used to screen structures and to
soften the visual appearance of the graded slope.
30. Grading shall emphasize scenic vistas to the open space areas.
Landscaping
Cactus Wren Preservatt.i on
31. Prior to the approval of a grading plan, initiation of rough grading, or
approval of the Final Map, a proposed Habitat Restoration Plan shall be
prepared by a qualified native plant ecologist, or other qualified
professional to reduce the impacts to the cactus wren. This plan shall be
reviewed and approved the City prior to grading.
32. Prior to grading permit approval a complete landscape plan (2 sets) ,
together with specifications and a maintenance program shall be prepared
by a State Licensed Landscape Architect, generally in accordance with the
Specific Plan and the City of Moorpark Guide to Landscape Plans, and shall
be submitted to the Director of Community Development for review and
approval. All streetscape landscaping shall be completed within 90 days
of completion of the related course street base.
a. The completion of all landscaping for each phase shall be completed
prior to the issuance of a Occupancy Permit for the first unit of
the phase, unless otherwise modified by the Director of Community
Development and consistent with this intent.
b. Prior to issuance of any Occupancy permit, the proportional share of
the required 600 additional 15 gallon trees for mitigation of the
removed Oak trees shall be planted as shown on the approved
landscape plan. The location of the trees shall be spread
throughout the project area and shall not block horizon views from
proposed residential units. The final location of the trees shall
be determined as part of the approval of the Landscape Plan. The
Homeowners' Association, maintenance district, or similar entity
shall be responsible for maintenance of the trees.
C. The landscape plan shall include planting and irrigation
specifications for manufactured slopes over three (3) feet in
height, and all common areas proposed to be maintained by the
owners' association, maintenance district, or similar entity.
Page 7 of 31
TRACT 4976 (C.T. Financial)
RESOLUTION NO. 96 -1230
d. The purpose of the landscaping shall be to control erosion, prevent
aesthetic impacts to adjacent property owners, mitigate the visual
impacts of all manufactured slopes three (3) feet or more in height,
and to replace mature trees lost as a result of construction.
e. The subdivider shall bear the cost of the landscape plan review,
installation of the landscaping and irrigation system, and of final
landscape inspection.
f. The landscaping shall be in place and receive final inspection prior
to final inspection of the Grading Permit or prior to occupancy if
the slope is within a residential lot.
g. The final design of all sidewalks, barrier walls, streetscape
elements, urban landscaping, and pedestrian paths within the project
limits shall be consistent with the Specific Plan and are subject to
approval of the Director of Community development.
h. Backflow preventers, transformers, or other exposed utilities shall
be shown on the landscape plan(s) and shall be screened with
landscaping and /or a wall. Backflow preventers shall be installed
within ten (10) feet from the water meter or as close as practical.
It shall be a minimum of 12 inches above grade and not more than 36
inches measured from the bottom of the devise and with a minimum 12
inch side clearance.
i. All landscaped pedestrian walkways shall be designed to provide an
aesthetically pleasing streetscape appearance. All pedestrian
walkway plans shall be subject to approval of the Director of
Community Development.
j. Landscaping at site entrances and exits and at any intersection
within the development shall not block or screen the view of a
seated driver from another moving vehicle or pedestrian.
k. Irrigation shall be provided for all permanent landscaping
identified in the approved landscape plan unless drought tolerant
plants do not require irrigation. The subdivider shall be
responsible for maintaining the irrigation system and all
landscaping until such time as an owners' association, maintenance
district, or similar entity accepts the responsibility.
1. 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 consistent with the landscape plan
approved for the subdivision.
M. Landscaping (trees) shall not be placed directly under any overhead
lighting which could cause a loss of light at ground level.
Page 8 of 31
TRACT 4976 (C.T. Financial)
RESOLUTION NO. 96 -1230
n. 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 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 required 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 the Carlsberg Specific Plan.
The median on Tierra Rejada Road and Science Drive shall be
maintained by a Citywide Assessment District while the parkways and
entryways on all arterial and collector streets as determined by the
City shall be maintained by an area wide Assessment District or
homeowners' association.
Easements shall also 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 entries from Science Drive.
o. The use of native and /or drought - tolerant shrubs and trees shall be
utilized for landscaping purposes in order to stabilize graded
slopes and encourage the return of some wildlife species displaced
from the project site as a result of grading activities.
p. Exotic plants which are known to spread beyond their original
plantings and invade native habitats such as Pampus Grass, Spanish
Broom, and Tamarisk shall not be used.
q. Prior to recordation, the final parcel map shall indicate all
landscape planting and maintenance easements. Said easement shall
encompass all man -made slopes adjacent to said lots.
r. The landscape plan shall contain plans and specifications including
temporary irrigation, if needed, for the additional trees to be
Page 9 of 31
TRACT 4976 (C.T. Financial)
RESOLUTION NO. 96 -1230
planted in the open space areas as required in the Amended Specific
Plan.
S. 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.
All landscaped areas with permanent irrigation including the Peach
Hill Road, Science Drive, Spring Road, and Tierra Rejada Road
parkways and tract entry treatments for streets intersecting Science
Drive, but exclusive of the area adjacent to SR 23 in Tract 4975
shall be maintained by a maintenance assessment district. All other
areas shall be owned and maintained by a homeowners' association
(HOA) including, but not limited to all open space areas (graded and
ungraded) including those areas requiring revegetation and with the
trees planted pursuant to item (b), all fuel modification zones,
vernal pool (Tract 4975) and trails.
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.
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 (75 %) of the homes. The developer shall be
responsible for maintenance in a condition acceptable to City
and shall maintain responsibility until the City Council
approves assumption of maintenance.
Developer shall request in writing prior to November 30 of any year
after which i. or ii. above, have been satisfied that the applicable
Page 10 of 31
TRACT 4976 (C.T. Financial)
RESOLUTION NO. 96 -1230
portions of said areas be placed in a maintenance assessment
district effective the following July 1.
33. 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.
34. Prior to approval of a Final Map, an unconditional availability letter
shall be obtained from the County Waterworks District No. 1 for sewer and
water service for each lot. Said letter shall be filed with the
Department of Community Development or, if said Unconditional Availability
Letter in a form satisfactory to the City cannot be obtained from the
County Waterworks District No. 1, the developer shall execute a
Subdivision Sewer Agreement in a form satisfactory to the City. Said
agreement shall permit deferral of unconditional guarantee for sewer and
water service until issuance of a building permit for each lot in the
subdivision. Said agreement shall include language holding the City
harmless against damages in the event of the ultimate lack of adequate
water or sewer service.
35. 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.
Utility Bond
36. Prior to approval of a Final Map, the subdivider shall post sufficient
surety bond to assure that all proposed utility lines within and
immediately adjacent to the project site shall be placed underground to
the nearest off -site utility pole. All existing utilities shall also be
undergrounded to the nearest off -site utility pole with the exception of
66 KVA or larger power lines. All above grade utility fixtures shall be
placed adjacent to landscaped areas and shall be screened on three sides.
The subdivider shall indicate in writing how this condition will be
satisfied.
37. Lighting in areas adjacent to the natural open space portions of the site
shall be fully hooded and shielded to prevent illumination of sensitive
habitats. (EIR 2 -10, B5)
Page 11 of 31
TRACT 4976 (C.T. Financial)
RESOLUTION NO. 96 -1230
Fees Contributions and Deposits
condition on Compliance Deposit
38. Prior to approval of the final map, the subdivider shall submit a deposit
for condition compliance review.
Payment of Outstanding Costs
39. Prior to approval of the final map, the subdivider shall pay all
outstanding case processing, environmental documentation costs, and all
City legal service fees and administrative costs.
Citywide Mitigation Fee
40. As a condition of the issuance of a building permit for each residential,
commercial or industrial use within the boundaries of the Amended Specific
Plan, Developer shall pay City a mitigation fee (the "Mitigation Fee ").
The Mitigation Fee shall be Two Thousand Dollars ($2,000) per residential
unit. The Mitigation Fee shall be Eleven Thousand Two Hundred Dollars
($11,200) per gross acre of the Sub - Regional /Commercial (SR /C) or Business
Park (BP) lot on which the commercial or industrial use is located.
Commencing on January 1, 1997, and annually thereafter, both categories of
the Mitigation Fee shall be increased or decreased to reflect the change
in the 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 31st of the preceding year ( "annual indexing ") , but
in no event shall either category of Mitigation Fee be decreased below the
original dollar amount specified herein. Institutional uses shall pay on
the same basis as commercial and industrial uses, except that
institutional uses which are exempt from secured property taxes shall be
exempt from the fee. (SA -7)
The City of Moorpark, in their sole and unfettered discretion, may elect
not to collect the Mitigation Fee. In the event of such election,
Developers shall be responsible for all costs for traffic mitigation
measures TC12, TC13 (cost of signal installation or modification at State
Route 23 northbound ramps /Tierra Rejada Road only), TC14 (cost of signal
installation or modification at State Route 23 southbound ramps /Tierra
Rejada Road only) and TC17, as described in the SEIR. Prior to the
issuance of the first building permit within the boundaries of the Amended
Specific Plan, Developers shall make a written request of City that they
decide whether or not to make the election, and City shall notify
Developers of their decision within thirty (30) days after receipt of the
request. (SA -8)
The Mitigation Fee, if collected, may be expended by City in their sole
and unfettered discretion; provided, however, payment of the Mitigation
Fee represents payment in full of the "fair share" amounts required by
traffic mitigation measures TC12, TC13 (cost of signal installation or
modification at State Route 23 northbound ramps /Tierra Rejada Road only) ,
Page 12 of 31
TRACT 4976 (C.T. Financial)
RESOLUTION NO. 96 -1230
TC14 (cost of signal installation or modification at State Route 23
southbound ramps /Tierra Rejada Road only) and TC17. (SA -8)
Payment of the Mitigation Fee does not represent payment, in full or in
part, of certain traffic mitigation measures described in the SEIR that
will be installed by others but for which Developers are required to pay
"fair share" amounts to City. The "fair share" amounts shall be
determined by the following percentages applied to the actual costs of
said installations: TC7 (48 %), TC10 (34 %) and TC11 and TC13 (signal
modification at Spring Road /Los Angeles Avenue only) (50 %). (SA -8)
The remaining traffic mitigation measures described in the SEIR, to wit:
TC1, TC2, TC3, TC4 (100% of the improvements rather than the 63% provided
for in the SEIR), TC5, TC8, TC13 (signal at Science Drive /New Los Angeles
Avenue only) and TC15 (signal at "A" Street / "B" Street only) shall be in-
stalled by Developers at their sole cost and expense, without off -set
against the AOC Fee or the Mitigation Fee. The second Tierra Rejada
westbound and eastbound lanes identified in the SEIR have been constructed
by City (the "Widening Project ") . Developers shall have no financial
obligation with respect to the Widening Project except as provided in the
Settlement Agreement; provided, however, Developer shall complete
frontage improvements on the north side of Tierra Rejada Road adjacent to
the property described in Exhibit B, including, but not limited to,
approximately eight (8) feet of paving, striping, curb and gutter,
sidewalk, drainage, parkway landscaping and signage, no later than the
issuance of the first occupancy permit within the boundaries of the
property described in Exhibit "B "of the Settlement Agreement. (SA -9)
41. Other fees are listed under the heading "City Engineer Department
Conditions."
GENERAL
42. Tract 4974 shall have been recorded and all infrastructure improvements,
required by the conditions of approval for that tract, shall be
completed.
43. All areas to be commonly maintained including Open Space Areas and all
parks, as determined by the City, shall be designated as separate lettered
lots (Parcel A, Parcel B, etc.) on final subdivision maps.
Grading:
44. The applicant 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; shall enter into an
agreement with the City of Moorpark to complete the improvements; and
shall post sufficient surety guaranteeing completion.
Page 13 of 31
TRACT 4976 (C.T. Financial) RESOLUTION NO. 96 -1230
45. Graded slopes, visible from off -site to the west shall be hydroseeded
immediately upon completion consistent with the landscape concept plan.
The city shall specify alternate deadlines for completion of all
hydroseeding based on the grading schedule. (EIR 2 -5, Tl)
46. 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. Along with these control
measures, hydroseeding and temporary irrigation, if needed, shall be
provided on all graded slopes within 30 days of completion of grading on
those slopes. (EIR 2 -7, HY1) Interim borrow sites shall be hydroseeded
within 30 of completion of grading unless an alternate schedule is
assigned by the Director of Community Development.
47. All on -site haul routes shall be approved by the City Engineer and clearly
marked on the grading plan. 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.
48. All off -site import /export operations, requiring an excess of 12 total
trucks loads, shall require Council approval prior to the issuance of a
grading permit.
49. The applicant shall submit to the City of Moorpark for review and
approval, detailed Soils and Geology Reports certified by a Registered
Civil Engineer in the State of California. The geotechnical report shall
include an investigation with regard to liquefaction, expansive soils, and
seismic safety.
In addition, the soils report shall discuss the contents of the soils as
to the presence or absence of any hazardous waste or other contaminants in
the soils.
Note: Review of the soils and geology report by the City's consultant
will be required by the City Engineer. The applicant shall reimburse the
City for all costs including the City's administrative and overhead costs.
50. All recommendations included in the geotechnical and geology reports shall
be implemented during project design, grading, and construction in
accordance with the approved specific plan. The City Engineer shall
review all plans for conformance with the geologist's and soils engineer's
recommendations.
51. All exploratory trenches shall be identified on the grading plan. Specific
recommendations for the recompaction of these trenches shall be made as
part of the geotechnical engineers report.
52. All requests for staged grading must be submitted in writing to the City
Engineer for review and approval by the City Council.
Tract 4976 and 4977 will be graded as one project and import /export of
dirt from Tract 4977 prior to final grading is permitted. (SP -16)
Page 14 of 31
TRACT 4976 (C.T. Financial)
RESOLUTION NO. 96 -1230
53. The subdivider shall indicate in writing to the City the disposition of
any water well(s) or any other well 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 per Ventura County
Ordinance No. 2372 and per Division of Oil and Gas requirements.
54. The maximum gradient for any slope shall not exceed a 2:1 slope
inclination except where special circumstances exist. In the case of
special circumstances where steeper slopes are warranted, 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. (SP -12 2.d., EIR 2 -6 T6)
55. New slopes adjacent to roadways and development areas shall be graded in
such a way that a contoured appearance is provided. Contour grading of
all slopes shall be provided to the satisfaction of the Director of
Community Development and the City Engineer. (SP- 11.2.b.)
56. No grading activities shall take place within at least 100 feet along the
perimeter 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.
57. All graded slopes shall be planted, or hydroseeded in a timely manner
meeting the approval of the Director of Community Development with
vegetation that will stabilize slopes and minimize erosion. Interim
borrow sites are to be hydroseeded within 30 days of completion of
grading, shall include temporary irrigation, as needed, and shall
minimize rectilinear form when possible. (EIR 2 -6 T9)
Temporary irrigation, hydroseeding and erosion control measures 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 sixty days or the beginning of the rainy season whichever
comes first.
58. All development areas and lots shall be designed and graded so that
surface drainage is directed to street frontages or natural or improved
drainage courses as approved by the City Engineer. (EIR 2 -6, T10, SP-
12.h.)
59. 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 slope
of less than ten (10) feet. (SP- 12.k.)
Page 15 of 31
TRACT 4976 (C.T. Financial)
RESOLUTION NO. 96 -1230
60. Grading on the perimeter of the site shall not be designed with perimeter
downslopes to property lines unless a homeowners' association, slope
maintenance district, or similar entity is established for maintenance of
such downslopes. (SP- 12.1.)
61. Interior slopes between manufactured building pads shall be designed with
up -slope property lines. (SP- 13.m.)
62. All areas of impact to the coastal sage scrub shall be delineated on the
grading plan. All areas in which revegetation efforts will occur shall
also be identified and provisions to protect the revegetation area shall
be included within the grading plan as approved by the Director of
Community Development. (EIR 2 -9, B2)
63. Prior to the issuance of grading permits, the tree survey and mitigation
program shall be reviewed and approved by the Director of Community
Development. Preservation, transplanting and planting of oak trees shall
be considered.
The grading plans shall be prepared, utilizing the above information, and
shall depict the methods used during grading operations which minimizes,
to the extent possible, impacts or disruptions to said oak trees.
When it is determined which oak trees will be preserved, the following
guidelines shall apply. (SP -28.5)
a. Design
i. Grading and /or the placement of structures shall be prohibited
within the dripline 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.
ii. 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.
iii. For the zone between the six foot radius from the tree trunk
and the drip line alternative pervious types of paving such as
gravel, redwood chips, porous brick with sand joints, etc.
shall be utilized.
iv. Retaining walls shall be used to protect existing grades
within the driplines of trees. However, these walls shall not
alter drainage from around trees.
V. 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 dripline.
Page 16 of 31
TRACT 4976 (C.T. Financial)
b. During Construction
RESOLUTION NO. 96 -1230
i. Trees within a construction area shall be protected from
damage by equipment by installing temporary barriers such as
fencing at the dripline.
ii. Equipment, debris, building materials and /or excess soil shall
not be stored within the dripline.
iii. Trenches for utilities or irrigation shall be routed around
the dripline 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
driplines of trees where possible.
64. So as to reduce debris from entering sidewalk and streets, the approved
grading plan shall show a slough wall, 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
developer 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.
Provisions shall be made in the CC &R's for the maintenance of the slough
walls. The slough walls shall be maintained by the same entity
responsible for maintaining the adjacent slope.
STORM RUN -OFF
65. The storm drain system will be designed to accommodate 50 -year storm
flows.
66. The applicant 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.
The plans shall depict all on -site and off -site drainage structures
required by the City. (EIR 2 -7, HY2)
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
Page 17 of 31
TRACT 4976 (C.T. Financial)
RESOLUTION NO. 96 -1230
areas, sumps, sump locations, detention facilities, and drainage
courses. Hydrology shall be per the current Ventura County
Standards except as follows:
b.
All storm
drains shall carry a 50 -year frequency storm;
C.
All catch
basins shall carry a 50 -year storm;
d.
All catch
basins in a sump condition shall be sized such
that depth
of water
at intake shall equal the depth of the approach
flows;
e.
All culverts
shall carry a 100 -year frequency storm;
f.
Drainage
facilities shall be provided such that surface
flows are
intercepted
and contained prior to entering collector or
secondary
roadways;
g. Under a 50 -year frequency storm, all residential streets shall be
provided with a minimum of one travel lane with a goal that local,
residential and private streets shall have one dry travel lane
available on interior residential streets. Collector streets shall
provide a minimum of one dry travel lane in each direction;
h. 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 subdivider;
i. All, drainage grates shall be designed and constructed with
provisions to provide adequate bicycle safety to the satisfaction of
the City Engineer;
j. If the land to be occupied is in an area of special flood hazard,
the subdivider shall notify all potential buyers in writing of this
hazard condition. The grading plan shall also show contours
indicating the 50, 100 & 500 year flood levels.
k. All flows from brow ditches, ribbon gutters and similar devices
shall be deposited into the storm drain system prior to entering
streets. If necessary, the storm drain shall be extended beyond the
public right -of -way through easements to eliminate surface flow
between parcels. Both storm drain and easements outside the right -
of -way are to be maintained by the Property- Owners' Association.
1. 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. (EIR 2 -6, T12, SP- 12.j.)
M. Drainage for the development shall be designed and installed with
all necessary appurtenances to safely contain and convey storm flows
to their final point of discharge, subject to review and approval of
the City Engineer.
Page 18 of 31
TRACT 4976 (C.T. Financial)
RESOLUTION NO. 96 -1230
n. This hydraulic /hydrology study shall analyze the hydraulic capacity
of the existing drainage system with and without the storm drain
system for the proposed development. The applicant shall make any
downstream improvements, required by the City to support the
proposed development of Tract 4976.
67. The applicant shall demonstrate for each building pad, to the satisfaction
of the City Engineer, as follows:
a. Adequate protection from a 100 -year frequency storm; and
b. Feasible access during a 50 -year frequency storm.
C. Hydrology calculations shall be per current Ventura County
Standards.
68. The applicant shall provide for all necessary on -site and off -site storm
drain facilities required by the City to accommodate upstream and on -site
flows. Facilities, as conceptually approved in the Specific Plan and
approved by the City, shall be delineated on the final drainage plans.
Either on -site retention basins or storm water acceptance deeds from off -
site property owners must be specified. Where applicable these facilities
must also be acceptable to the Ventura County Public Works Agency. (EIR 2-
7, HY3)
69. 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 &R's shall be submitted for review and approval and shall include
provisions for the Homeowner's Association or maintenance district to
maintain any private storm drainage systems.
STREET IMPROVEMENTS
70. The applicant shall submit to the City of Moorpark for review and
approval, street improvement plans prepared by a Registered Civil
Engineer; shall enter into an agreement with the City of Moorpark to
complete the improvements; and shall post sufficient surety guaranteeing
the construction of the improvements. Street improvements and median and
parkway landscaping shall not be accepted by the City for maintenance
until completion of all units in the tract, unless determined otherwise by
the City Council.
The street improvements shall include concrete curb and gutter, sidewalk,
median(s), street lights, traffic signals, striping and signing, interim
striping and traffic control plan, paving, and any necessary transitions
to the satisfaction of the City Engineer. All driveway locations shall be
approved by the City Engineer and the Director of Community Development.
The subdivider shall dedicate the necessary right -of -way to make all of
the required improvements.
Page 19 of 31
TRACT 4976 (C.T. Financial)
RESOLUTION NO. 96 -1230
The applicable Ventura County Road Standard Plates are as follows and have
been modified to conform to the cross sections shown on Exhibit 9 of the
Carlsberg Specific Plan dated 9 -7 -94 or as otherwise provided in the
Settlement Agreement of the same date. (In the case of any conflicts, the
Settlement Agreement shall take precedence over the design and timing for
construction of all improvements and or payments for improvements.)
Spring Road
71. Spring Road, south of Peach Hill Road shall, be per Ventura County
Standard Plate B -2B with a modified 94 foot right -of -way per cross section
"A" of Exhibit 9 of the Carlsberg Specific Plan (revised 9- 7 -94).
South of Peach Hill Road the sidewalk will be built within the thirty -two
(32) foot landscaped parkway at a location determined by the City as shown
on the approved landscape plans. (SP -25 4.c)
72. Prior to the issuance of the first zone clearance for occupancy in Tract
4976, the 94 foot right -of -way for Spring Road adjacent to the Conejo
Freeway Properties, Ltd's west property boundary extending from APN 500-
0- 350 -36 to Tierra Rejada Road will be dedicated to the City. An
additional two (2) foot pedestrian easement, for sidewalk purposes, shall
be provided outside and adjacent to the easterly Spring Road right of way.
The easement shall extend from Tierra Rejada Road to Christian Barrett
Road and shall be shown on the final map. (SP -16 3.b. par. 3)
Science Drive
73. Science Drive south of Peach Hill Road shall be per Ventura County
Standard Plate B -2A with a modified 104 foot right -of -way per cross
section 11B -1" of Exhibit 9 of the Carlsberg Specific Plan (revised 9 -7-
94) .
74. Science Drive, including the Peach Hill Road intersection, is to be
constructed from Peach Hill Road to Tierra Rejada Road prior to issuance
of the first zone clearance for occupancy for residential units in Tract
4976 (TC3) .
North leg intersection improvements at Science Drive and Tierra Rejada
Road shall also be completed at this time The improvements shall provide
westbound right -turn lane, eastbound left -turn lane, southbound left -turn
lane, and southbound right -turn lane (project share 100 percent) (EIR 2-
11, TC4, SA -pg. 9 par. 1)
75. The developer is to fully construct the Science Drive /Peach Hill Road
Intersection and provide northbound left -turn lane, shared northbound
through /right turn lane, shared southbound through /right turn lane, east-
bound left -turn lane, shared eastbound right -turn /through lane, westbound
left turn lane and shared westbound through /right turn lane. (EIR 2 -11,
TC3) The developer's traffic engineer shall verify that no Level of
Service decreases shall occur as a result of the shared westbound
through /right turn lane. Should a level of service D result at this
Page 20 of 31
TRACT 4976 (C.T. Financial)
RESOLUTION NO. 96 -1230
intersection then the developer shall provide the City adequate right of
way and construct a dedicated westbound right turn lane onto Science
Drive.
76. Left turn storage lanes are required at all intersections along Science
Drive as shown on the Amended Specific Plan. No other median breaks are
allowed.
77. The City will consider a request for the acceptance of Science Drive upon
the following: a) completion and approval of all Science Drive street
improvements; b) recordation of all final maps; c) completion of all
phases of work; and d) the occupancy of at least seventy -five percent
(75o) of the lots. The developer may request and the City may accept only
that portion of Science Drive situated north or south of Peach Hill Road,
provided all of the above criteria is met with respect to that portion of
the Carlsberg development located adjacent to said segment of Science
Drive.
78. All driveways shall be located on lots such that no portion of the
driveways shall be closer than 65 feet to the closest beginning of curve
radius for the intersection with Science Drive (This may require shifting
of some lots or lot lines). Easements and landscaping shall also be
provided at the intersection with Science Drive to enhance the tract
entries, subject to the approval of the Director of Community Development.
Tierra Rejada Road
79. Tierra Rejada Road adjacent to Tract 4975 and Tract 4977 shall be per
Ventura County Standard Plate B -2B with a modified 94 foot right -of -way
per cross section "F" of Exhibit 9 of the Carlsberg Specific Plan (revised
9- 7 -94).
Tierra Rejada Road street improvements shall include a westbound right -
turn lane at the Science Drive and Spring Road intersections. Northside
Tierra Rejada Road improvements shall include, but not be limited to,
approximately eight (8) feet of additional paving, striping, curb and
gutter, sidewalk, drainage, parkway landscaping and signage. (SA -9, par.
1) These north side improvements, east of the Spring Road intersection to
the SR -23 freeway, shall be constructed prior to issuance of the first
zone clearance for occupancy for residential units in Tract 4976. (TC4,
SA -9 par. 1)
Other Street Related Improvements:
80. Traffic signals at the following intersections; Spring Road /Tierra Rejada
Road, Moorpark Road /Tierra Rejada Road and Science Drive /Tierra Rejada
Road shall be installed or modified prior to the issuance of the first
zone clearance for occupancy within Tract 4976, (TC13., TC14., TC15. and
TC16) . Payment of the AOC fee shall represent payment in full of the
applicant's fair share amount for those improvements.
Page 21 of 31
TRACT 4976 (C.T. Financial) RESOLUTION NO. 96 -1230
81. Developer shall contribute their fair share to the construction of the
Moorpark Road /Tierra Road intersection, to the extent that the following
improvements exceed the AOC widening costs of Tierra Rejada Road; add
second westbound left -turn lane, second northbound right -turn lane,
eastbound right- turn lane, and provide northbound right -turn overlap with
the westbound left -turn overlap as part of signal installation (project
share is 48 %).
82. The applicant shall include bus stop turnouts in the final street
improvement plans if required by the Director of Community Development.
(EIR 2 -16, A8)
The final location of the bus turnout and facilities shall be approved by
the Director of Community Development.
83. The developer shall adhere to Business and Professions Code 8771 which
requires that all monuments be located and tied out prior to any
construction or relocation of a street.
The developer's 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.
84. Street lights shall be provided per Ventura County Standards and as
approved by the City Engineer. The subdivider shall pay all energy costs
associated with street lighting for a period of one year from the
acceptance of the street improvements.
85. 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. Said slope easements shall
include the area covered by the cut slope plus 5 feet and fill slope plus
5 feet.
86. The final map shall indicate the location of all trail easements. The
minimum widths of said easements shall be a minimum of 12 feet wide. The
trail easements shall be offered for dedication to the City of Moorpark.
Prior to recordation, the subdivider shall bond for construction of the
proposed trails at 150% 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 owners' 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 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.
Page 22 of 31
TRACT 4976 (C.T. Financial)
RESOLUTION NO. 96 -1230
87. The developer shall submit a trails plan concurrent with the grading plan.
The plan shall provide for all trails to be completed with the appropriate
grading and landscaping for the construction phase.
The approximate length and location of the trails consistent with Exhibit
8 of the Amended Specific Plan, shall be constructed in native soil with
approximately a three foot width rather than decomposed granite. The
width and construction standards of the trails shall be modified from that
as shown in the Amended Specific Plan. The precise location, size and
type of construction of the trails shall be subject to the review and
approval of the Director of Community Development.
88. The developer shall provide that the site /grading and improvement plans
assure pedestrian and bikeway access between all bus stops and bicycle
paths, respectively; and adequate on -site development of such. (EIR 2 -16,
A9)
89. State Route 23 northbound offramp /Tierra Rejada Road: Applicant to pay
fair share of the costs to convert the shared northbound left -turn
lane /northbound right -turn lane to northbound right -turn lane, and to add
second northbound left -turn lane and second northbound right -turn lane.
Note: These improvements are required to mitigate "no- project" as well as
"with- project" conditions. Payment of the Mitigation fee as described in
the Settlement Agreement shall represent payment of the applicants "fair
share ".(EIR 2 -13, TC12, SP -18 par. 1)
90. Applicant to pay fair share of the costs for the signal reconstructions at
Spring Road /Tierra Rejada Road, (Payment of the AOC fee shall represent
payment "in full" of the applicants fair share amount for this
intersection) . (SA -7 par. 2) .
91. Applicant to pay fair share of the costs to improve the signal at State
Route 23 southbound ramp /Tierra Rejada Road (Payment of the Mitigation fee
as described in the Settlement Agreement shall represent payment of the
applicants "fair share" (EIR 2 -13 TC14, SA -8, SP -18 par. 1)
92. Applicant to pay fair share of the costs for the signal installations at
Moorpark Road /Tierra Rejada Road (Payment of the AOC fee shall represent
payment "in full" of the applicants fair share amount for this
intersection (SA -7 par. 2, EIR 2 -13 TC14)
93. Applicant to fully install the signals at Science Drive /Tierra Rejada Road
(Payment of the AOC fee shall represent payment "in full" of the
applicants fair share amount for this intersection. (SA -7 par. 2, EIR 2-
13, TC15)
94. The project developer shall contribute a fair share to improvements to
County roadways or related facilities (cost of signal installation or
modification at State Route 23 southbound ramp /Tierra Rejada Road only) if
a reciprocal agreement between the County of Ventura and the City of
Moorpark addressing said matter is approved. (Payment of the Mitigation
Page 23 of 31
TRACT 4976 (C.T. Financial) RESOLUTION NO. 96 -1230
fee as described in the Settlement Agreement shall represent payment of
the applicants "fair share ").(SP -18, TC -14, TC -17)
95. Prior to the issuance of the first building permit for residential use
within Tract 4976, the applicant shall pay City the Tierra Rejada /Spring
Road Area of Contribution Fee (the "AOC Fee "). The AOC Fee shall be the
dollar amount in effect at the time of the payment of the fee. (SA -6)
Payment of the AOC Fee shall represent payment in full of the "fair share"
amounts required by traffic mitigation measures TC6, TC9, TC13 (cost of
signal installation or modification at Spring Road /Tierra Rejada Road
only) , TC14 and TC16 (cost of signal installation at Moorpark Road /Tierra
Rejada Road only) and TC15 (cost of signal installation at "A"
Street /Tierra Rejada Road only), as described in the SEIR. (SA -6 &7)
96. Where roads are to be built requiring 4 or more inches of pavement,
subdivider shall construct the required street section minus 1 -1/2 inches
of paving as an interim condition until all utility cuts or trenching is
completed and the City Engineer grants approval to accomplish this task.
The final 1 -1/2 inches cap of asphalt shall be placed after all necessary
trenching is completed. In areas of longitudinal trenching, paving
fabric shall be used to prevent reflective cracking.
97. Any right -of -way acquisition necessary to complete the required
improvements will be acquired by the subdivider at his expense.
98. Publicly dedicated streets shall conform to the design requirements of the
Ventura County Road Standards (most recent revision) except as provided in
the Specific Plan and as follows.
a. Sidewalks to be a minimum of five feet wide at all points.
b. Parkways shall maintain a minimum crossfall of 2% toward the street
for a minimum distance of 10 feet from the curb face.
99. The applicant shall submit wall and landscaping plans and a copy of the
CC &R's showing that provisions have been taken to provide for and maintain
proper sight distances.
100. Special tract entry landscaping, , shall be approved by the Director of
Public Works and Director of Community Development. (SP -24 4. par. 3)
101. The subdivider shall post sufficient surety guaranteeing completion of all
improvements which revert to the City (i.e., grading, street improvement,
signalization, storm drain 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 surety agreement shall also include provisions for all off -site
improvements along the entire frontage of Tract 4976 and other offsite
improvements which require mitigation as described herein.
Page 24 of 31
TRACT 4976 (C.T. Financial)
RESOLUTION NO. 96 -1230
102. The applicant shall demonstrate legal access to all parcels to the
satisfaction of the City Engineer.
UTILITIES
103. Utilities, facilities and services for Tract 4976 will be extended and /or
constructed in conjunction with its phased development by the developer as
the project proceeds.
a. Water & Sewer
The developer will be responsible for the construction of all onsite
and offsite sanitary sewer facilities to serve the project. The
developer shall enter into an agreement with V.C.W.W. Dist. No. 1
to construct the improvements and the system will be dedicated to
V.C.W.W. Dist. for maintenance. (SP -14)
b. Prior to recordation of a final map, the City, Calleguas Municipal
Water District and Ventura County 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 Ventura
County Waterworks District No. 1 stating when and how facilities
will be funded and constructed. The system will be designed and
constructed to meet the requirements of the proposed land uses and
applicable City, Calleguas and V.C.W.W. District No. 1 standards.
(SP -13)
C. Other Utilities:
Provisions for electrical, natural gas, telephone and solid waste
collection services and cable television to 4976 will be made prior
to development of the project area. All services can be extended by
each respective company to meet future demands of the tract.
Natural gas service will be provided by Southern California Gas.
Electric service will be provided by Southern California Edison.
Telephone service will be provided by Pacific Bell. Solid waste
collection will be provided by private companies as regulated by the
City. These services will be phased in conjunction with development
of the project area. (SP -14)
OTHER
104. 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 Governmental
Code Section 66457.
Page 25 of 31
TRACT 4976 (C.T. Financial)
RESOLUTION NO. 96 -1230
a. Notify the City of Moorpark in writing that the applicant 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. Supply the City with (I) a legal description of the interest to be
acquired, (ii) a map or diagram of the interest to be acquired
sufficient to satisfy the requirements of subdivision (e) of Section
1250.310 of the Code of Civil procedure, (iii) a current appraisal
report prepared by an appraiser approved by the City which expresses
an opinion as to the fair market value of the interest to be
acquired, and (iv) a current Litigation Guarantee Report.
C. Enter into an agreement with the City, guaranteed by such cash
deposits or other security as the City may require, pursuant to
which the applicant will pay all of the City's cost (including,
without limitation, attorney's fees and overhead expenses) of
acquiring such an interest in the land.
105. The subdivider shall pay all County fees related to Computer -aided Mapping
System (CAMS).
T*T CONJUNCTION WITH APPROVAL OF FINAL MAP THE FOLLOWING CONDITIOT?S SH?ALL BE
SATISFIED•
106. The subdivider shall offer to dedicate to the City of Moorpark public
service easements as required by the City.
107. The subdivider shall offer to dedicate to the City of Moorpark, public
use, all right -of -way for public streets.
108. The subdivider shall dedicate to the City of Moorpark the access rights
adjacent to and Science Drive except for access locations approved by the
Amended Specific Plan or subsequent action of the City Council.
109. That prior to submittal of the Final Map, 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.
110. Prior to Occupancy, the applicant shall request the City to enforce
appropriate vehicle codes on subject property as permitted by Vehicle Code
Section 21107.7.
111. 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
Page 26 of 31
TRACT 4976 (C.T. Financial)
RESOLUTION NO. 96 -1230
erosion control measures, hydroseeding of all graded slopes shall be
required within 30 days of completion of grading. (EIR 2 -8, HY3 & 4)
112. 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.
113. Work conducted during the school year shall be coordinated with the
Moorpark Unified School District and the City Engineer.
No construction, detours or obstructions shall be allowed on Peach Hill
Road, Science Drive or Spring Road during the regular school year between
the hours of 8:00 -9:00 A.M. and 3:00 -4:00 P.M.
114. All trucks importing or exporting fill to or from the Tract shall use
tarpaulins to cover the load and shall operate between the hours of 9 a.m.
to 5 p.m. on weekdays only. As an option the haul material may be watered
in lieu of covering. (If approved by the City Engineer)
115. All unimproved areas with vehicle traffic shall be watered periodically
and the vehicle speed shall be limited to 15 mph.
116. During site preparation and construction, minimize disturbance of natural
groundcover on the project site until such activity is required for
grading and construction purposes.
117. During clearing, grading, earth moving or excavation operations, dust
emissions should be controlled by regular watering (If feasible water from
the Arroyo shall be used), paving construction roads and other dust pre-
vention measures. The applicant shall submit a dust control plan,
acceptable to the city, concurrently with submittal of the mass (as
opposed to the precise) grading plan. This plan shall include, but is not
be limited to the following measures: (EIR 2 -14, A -1)
a. Water all site access roads and material excavated or graded on- or
off -site to prevent excessive amounts of dust. Watering shall occur
at least two times daily, preferably in the late morning and after
the completion of work for the day.
b. 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 APCD meteorologist for
current information about average wind speeds.
C. Water or securely cover all material transported off -site and on-
site to prevent excessive amounts of dust.
d. Minimize the area disturbed at any one time by clearing, grading,
earth moving and excavation so as to prevent excessive amounts of
dust.
Page 27 of 31
TRACT 4976 (C.T. Financial)
RESOLUTION NO. 96 -1230
e. Keep all grading and construction equipment on or near the site,
until these activities are completed.
f. Wash off heavy -duty construction vehicles before they leave the
site.
g. When appropriate, seed exposed surfaces with a fast - growing, soil -
binding plant to reduce wind erosion and its contribution to local
particulate levels.
h. Observe a 15 mile per hour speed limit for the construction area.
i. Periodically sweep public streets in the vicinity of the site to
remove silt (i.e., fine earth material transported from the site by
wind, vehicular activities, water runoff, etc.) which may have
accumulated from construction activities. (EIR 2 -14, Al)
118. The developer shall request that all employees involved in grading opera-
tions on the project wear face masks during dry periods. (EIR 2 -15, A3)
119. Maintain equipment engines in good condition and in proper tune as per
manufacturers' specifications to prevent excessive emissions. (EIR 2 -16,
A4)
120. All diesel engines used in construction equipments should use high
pressure injectors. (EIR 2 -16, A5)
121. All diesel engines used in construction equipments should use reformulated
diesel fuel. (EIR 2 -16, A6)
122. 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. (EIR 2 -16, A2)
123. During site preparation and construction, construct temporary storm water
diversion structures per City of Moorpark standards.
124. Construction activities shall be limited to weekdays between the hours of
7:00 A.M. and 7:00 P.M. and Saturdays from 9:00 A.M. to 5:00 P.M.
Construction inspection outside regular City working hours may require a
premium be paid for overtime of City inspectors. No construction
activities shall occur on Sundays. (EIR 2 -19, N1)
125. Truck noise from hauling operations shall be minimized through establish-
ing hauling routes which avoid residential areas. The hauling plan must
be identified on the grading plan and approved by the City Engineer. (EIR
2 -19, N2)
126. The developer shall provide staging areas on -site to minimize off -site
transportation of heavy construction equipment. Locate these areas to
Page 28 of 31
TRACT 4976 (C.T. Financial)
RESOLUTION NO. 96 -1230
maximize the distance between activity and residential areas. (EIR 2 -19,
N3)
127. The developer shall ensure that construction equipment is fitted with
modern sound - reduction equipment. (EIR 2 -19, N4)
128. 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.
129. The subdivider shall utilize all prudent and reasonable measures
(including a 6 foot high chain link fence around the construction sites of
buildings and structures, or as determined by the City Engineer) to
prevent unauthorized persons from entering the work site at any time and
to protect the public from accidents and injury or provide on -site
security personnel.
PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION, THE FOLLOWING
CONDITIONS SHALL BE SATISFIED:
130. Reproducible centerline tie sheets shall be submitted to the City
Engineer's office.
131. The applicant 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.
132. A copy of the recorded Map(s) shall be forwarded to the City Engineer for
filing.
133. Sufficient surety in a form acceptable to the City guaranteeing the public
improvements pertinent to each phase shall be provided.
All surety guaranteeing the public improvements shall remain in place for
one year following acceptance 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 of 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.
134. 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 on sheets larger than 22" X 3611, they must be resubmitted as
"as builts" in. series of 22" X 36" mylars (made with proper overlaps)
with a title block on each sheet. Submission of "as builts" plans is
required before a final inspection will be scheduled.
Page 29 of 31
TRACT 4976 (C.T. Financial)
RESOLUTION NO. 96 -1230
135. Prior to combustible construction, all weather access road /driveway,
suitable for use by a 20 ton Fire District vehicle shall be installed.
This improvement, or provisions to guarantee its installation, shall be
completed prior to recordation.
136. All driveways shall have a minimum vertical clearance of 13 feet 6 inches
(13' 6") .
137. Approved turnaround areas or easements for fire apparatus shall be
provided where the access road is 150 feet or farther from the main
thoroughfare.
138. Two (2) means of ingress /egress shall be provided to the development in
accordance with Fire District Private Road Guidelines.
139. The access road shall be of sufficient width to allow for a 40 foot
turning radius at all sharp turns in the road.
140. The private road(s) shall be named if serving more than two (2) parcels or
is longer than 299 feet. Prior to recordation of street names, proposed
names shall be submitted to the Fire District's Communications Center for
review.
141. 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.
142. Prior to recordation, the applicant shall provide the Fire District
verification from the water purveyor that the purveyor can provide the
required fire flow for the project.
143. Applicant shall obtain VCFD Form No. 126 "Requirements For Construction"
prior to obtaining a building permit for any new structures or additions
to existing structures.
144. Prior to combustible construction, where required by the Fire District,
there shall be two ingress /egress points for each lot. The location and
construction of these ingress /egress points shall be approved by the Fire
Department. Phase One of Tentative Tract No. 4975 shall complete Science
Drive from Tierra Rejada Road to Peach Hill Road prior to combustible
construction.
145. All water mains and applicable hydrants shall be installed prior to
combustible construction. Fire Flow requirements shall be calculated for
each project individually.
146. 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.
Page 30 of 31
TRACT 4976 (C.T. Financial) RESOLUTION NO. 96 -1230
GENERAL REQUIREMENT:
147. Applicant for service shall comply with the Ventura County Waterworks
District No. 1 "Rules and Regulations" including all provisions of or
relating to the existing Industrial Waste Discharge Requirements and
subsequent additions or revisions thereto. Ultra low plumbing fixtures
are required in all new construction.
Prior to approval of the first phase of the Final Map, the developer shall
work with Waterworks District No. 1 to ensure that any water tank on the
project site shall be painted an earthtone color, such as tan, and
screened with an earthen berm and drought tolerant landscaping to minimize
visual impacts. The tank color and landscaping plan shall be approved by
the Director of Community Development prior to installation. An
irrigation system shall be established for the landscaping; however,
irrigation can be discontinued after landscaping has become established
and irrigation water is no longer required, upon written approval of the
Director of Community Development.
Page 31 of 31
TRACT 4977 (C.T. Financial) RESOLUTION NO. 96 -1230
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
NOTE: THE FOLLOWING REFERENCES ARE USED IN THE CONDITIONS OF APPROVAL: SA
(SETTLEMENT AGREEMENT), SP(SPECIFIC PLAN), SEIR(SUBSEQUENT ENVIRONMENTAL
IMPACT REPORT), OTHER REFERENCES ARE FROM THE MITIGATION MONITORING
PROGRAM FOR THE AMENDED SPECIFIC PLAN. THE TERMS; OWNER, APPLICANT,
DEVELOPER AND SUBDIVIDER ARE USED INTERCHANGEABLY HEREIN AND APPLY TO THE
ORIGINAL APPLICANT AS WELL AS TO ALL SUCCESSORS AND ASSIGNS.
GENERAL REQUIREMENTS:
Other RegulatiQns
1. The conditions of approval of this Tentative 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.
Requirement for Recordation of Tentative Tract Map No 4974 and Completion of
Conditions of Approval for Approved Residential Planned Development Permit
2. This Tentative Map shall not record until: A) Tentative Tract Map No.
4974 records; B) A Residential Planned Development Permit is approved; and
C) The Prior to Issuance of Zoning Clearance conditions of approval of the
Residential Planned Development Permit have been completed.
3. The setbacks for the proposed residences shall by varied so as to provide
visual diversity. The location of the buildable areas as shown on the
Tentative Tract Map shall not be construed to be the location of the
setbacks of the future residences. A criteria for this is that there
shall be a minimum of three feet variation with a maximum variation of
five feet for the front setback between adjacent lots, with no more than
two adjacent lots having the same front setback.
4. Prior to the approval of the final map, the Settlement Agreement and
Mutual Release executed on September 7, 1994, by and between City and
developer shall be amended to provide for the payment of a recreation
facilities fee (Recreation Fee). Said Recreation Fee is in lieu of
providing private recreation facilities in Tentative Tracts 4975, 4976,
4977 and 4980.
City may expend Recreation Fee in its sole and unfettered discretion to
provide community recreation facilities; provided, however, payment of
Recreation Fee represents payment in full for providing private recreation
facilities in Tentative Tracts 4975, 4976, 4977 and 4980.
Page 1 of 31
TRACT 4977 (C.T. Financial)
RESOLUTION NO. 96 -1230
Developer and City agree that the Residential Planned Development (RPD)
permits to be filed for Tentative Tracts 4975, 4976, 4977 and 4980 shall
also include a condition for payment of the Recreation Fee; and the City
agrees that no other condition for providing private recreational
facilities shall be imposed on any RPD permit for the aforementioned
Tentative Tracts. The Recreation Fee shall be $400.00 per lot and shall
be paid for each tract at such time as Developer sells the tract to a
successor or at the time the first zone clearance is issued for a
residential building permit (excluding models), in the Tract, whichever
first occurs. Commencing on January 1, 2002, the amount of the Recreation
Fee shall increase by one -half of one percent (0.5) per month (monthly
indexing) on any Recreation Fee not yet paid.
5. Covenants, Conditions and Restrictions (CC &R's) and By -Laws establishing
one or more Homeowners' Associations for the residential development shall
be prepared. The CC &R's shall identify all common Maintenance Areas for
the residential areas, including maintenance of all hiking trails, open
space lots, parkway landscaping for all streets within residential tracts,
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 &R's 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 conditions of approval
shall be highlighted in the copies of the CC &R's submitted for City
review. Prior to the sale of any lots, the CC &R's 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 &R's. The Homeowners' Associations may modify the CC &R's only
to the extent that they do not conflict with the terms of approval of the
Tentative Tract Map or approved Residential Planned Development Permit.
Sixty (60) days notice must be given to the City of the intent to modify
CC &R's. Further, it is the sole responsibility of the individual
Homeowners' Associations to enforce the CC &R's.
One or more homeowners' associations shall be established for Tentative
Tract Map Nos. 4975, 4976, 4977 4980 and the institutional lots. The
homeowners' association shall be responsible for all construction and
maintenance related to the natural open space, the trails, the vernal
pool, and any manicured landscaping not adjacent to a public right -of -way,
exclusive of the freeway. An assessment district zone of benefit shall be
created for maintaining the parkway along the four collector streets -
Science Drive, Spring Road, Tierra Rejada Road and Peach Hill Road. The
medians on Science Drive, Spring Road and Tierra Rejada Road are to be
ultimately be part of the Citywide Assessment District. If an assessment
district zone of benefit is not created, the responsibility for all
construction and maintenance shall be the responsibility of the
homeowners' association.
Page 2 of 31
TRACT 4977 (C.T. Financial)
RESOLUTION NO. 96 -1230
If the applicant can obtain another alternative for management of the
above stated areas prior to recordation of the Tentative Tract Map, it
will be considered by the City.
All natural open space areas as shown on the map shall be open to the
general public and shall be owned and maintained by a Homeowner's
Association. The City Council may consider a privately funded option
prior to recordation of the map.
6. Prior to occupancy of the 227th dwelling unit within the Carlsberg
Specific Planning area, the developer shall dedicate an improved park to
the City. The park shall be improved and available (open) to the public
as described in the Settlement Agreement and Mutual Release. Prior to
approval of the Final Map, the developer shall post a bond or other
security acceptable to the City for construction of the improved park.
7. Any changes to the Tentative Map, including but not limited to phasing,
lot sizes or dimensions, street layout, and areas to be graded, shall
require the filing of an application for Modification. The type of
Modification permit shall be determined by the Director of Community
Development pursuant to the criteria established in the Amended Carlsberg
Specific Plan Zoning Code and Subdivision Ordinance.
8. Television cable service shall be provided to all residential units
consistent with existing cable system requirements. Undergrounding of
cable wires is required and no lines shall be allowed to be extended along
the exterior walls of the residential buildings.
9. If any archeological 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
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.
The developer shall be responsible for the costs associated with the professional
investigation.
10. The continued maintenance of the common maintenance areas shall be subject
to periodic inspection of the City. The applicant, developer or
responsible Homeowners' Association, or similar maintenance entity, shall
Page 3 of 31
TRACT 4977 (C.T. Financial)
RESOLUTION NO. 96 -1230
be required to remedy any defects in landscape maintenance or other
common maintenance facilities, as indicated in writing by the City, within
five (5) days after notification. The Director of Community Development
may declare a development project or individual property that is not in
compliance with the Conditions of Approval, or for some other just cause,
a "public nuisance ". The Applicant /Developer, Homeowners' Association, or
each individual property owner, as applicable shall be liable to the City
for any and all costs and expenses to the City involved in thereafter
abating the nuisance and in obtaining compliance with the Conditions of
Approval or applicable codes. The City may enact special assessment
proceedings against the parcel of land upon which the nuisance existed to
pay all City costs related to abatement of the nuisance.
Phasing
11. If the map is to record in phases, it shall be recorded in phases
consistent with the approved phasing plan on the Tentative Map.
Acceptance of Conditions
12. 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.
Reference to Conditions On Map
13. A notation which references approved conditions of approval shall be
included on the Final Map in a format acceptable to the Director of
Community Development.
Other Agcy Requirements
14. 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.
15. 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
one set of rules apply, the stricter ones shall take precedence.
16. Prior to recordation of the Final Map and prior to first occupancy of each
phase, the subdivider shall provide to the City an image conversion of
building, landscape, public improvement, site plans or other required
plans into an optical format acceptable to the City Clerk.
Page 4 of 31
TRACT 4977 (C.T. Financial) RESOLUTION NO. 96 -1230
i. If any of the condition or limitations of this subdivision are
held to be invalid, that holding shall not invalidate the
remaining conditions or limitations set forth.
Expiration of Map
17. This Tentative Map shall expire 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.
Zoning ordinance oan R cru rements
18. As of the date of recordation of Final Map, the lots /parcels depicted
thereon shall meet the requirements of the Zoning Ordinance and Specific
Plan then applicable to the property. Conditional approval of the
Tentative Map shall neither limit the power of the legislative body to
amend the applicable zoning ordinances and /or Specific Plan nor compel the
legislative body to make any such amendments, except as provided in the
Settlement Agreement dated September 7, 1994.
19. No asbestos pipe or construction materials shall be used within this
subdivision.
20. 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 Government Code Section 66499.37. The City
will promptly notify the subdivider of any such claim, action or
proceeding, and, if the City should fail to do so or should fail to
cooperate fully in the defense, the subdivider shall not thereafter be
responsible to defend, indemnify and hold harmless the City or its agents,
officers and employees pursuant to this condition.
The City may, within its unlimited discretion, participate in the defense
of any such claim, action or proceeding if both of the following occur:
The City bears its own attorney fees and costs;
The City defends the claim, action or proceeding in good faith.
Page 5 of 31
TRACT 4977 (C.T. Financial)
RESOLUTION NO. 96 -1230
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.
21. 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.
O • • „ =i
22. As a condition of the issuance of a building permit for each residential,
commercial or industrial use within the boundaries of the Amended
Specific Plan, the applicant shall pay the City, , a Development Fee as
described herein (the "Development Fee ") and imposed on similar
construction. The Development Fee may be expended by the City in their
sole and unfettered discretion. On the effective date of the Settlement
Agreement, the Fee shall be $1,587 per residential unit and $4,443 per
gross acre of Sub - Regional /Commercial (SR /C) or business Park (BP) land
which the commercial or industrial use is located. Commencing on the
first day of the month following the month in which the Settlement
Agreement became effective, the amount of the Development Fee shall
increase by one -half of one percent (0.50) per month on the first day of
the month ( "monthly indexing "). Institutional uses, whether or not exempt
from secured property taxes, shall be exempt from the fee.
23. Every effort shall be made to use reclaimed water to irrigate temporary
erosion control landscaping and for dust control of grading operations.
Sufficient proof shall be given to the Director of Community Development
that using reclaimed water is physically or economically not feasible
prior to the Director's decision to dispense with this condition.
24. Temporary irrigation, if needed, shall be provided for all non permanent
erosion control landscaping, unless otherwise approved by the Director of
Community Development. Temporary irrigation must be replaced with
permanent irrigation prior to issuance of a Zoning Clearance for the first
building, unless drought- tolerant plants selected do not require
irrigation.
25. Landform and grading design shall be consistent with the City of Moorpark
grading standards in effect on September 7, 1994.
Page 6 of 31
TRACT 4977 (C.T. Financial)
RESOLUTION NO. 96 -1230
26. Manufactured landforms shall be contoured and use daylight grading
techniques to provide a smooth and gradual transition of graded and
natural slopes, while preserving the basic character of the site.
27. Planned structures, roadways, paths, vegetation, irrigation and continuing
maintenance programs shall be used to stabilize manufactured slopes.
28. Suitable quantities of trees massed near the landform crest and shrubs of
varying sizes on graded slopes shall be used to screen structures and to
soften the visual appearance of the graded slope.
29. Grading shall emphasize scenic vistas to the open space areas.
Landsca -'
Cactus Wren Preservation
30. Prior to the approval of a grading plan, initiation of rough grading, or
approval of the Final Map, a proposed Habitat Restoration Plan shall be
prepared by a qualified native plant ecologist, or other qualified
professional to reduce the impacts to the cactus wren. This plan shall be
reviewed and approved the City prior to grading.
31. Prior to grading permit approval a complete landscape plan (2 sets),
together with specifications and a maintenance program shall be prepared
by a State Licensed Landscape Architect, generally in accordance with the
Specific Plan and the City of Moorpark Guide to Landscape Plans, and shall
be submitted to the Director of Community Development for review and
approval. All streetscape landscaping shall be completed within 90 days
of completion of the related course street base.
a. The completion of all landscaping for each phase shall be completed
prior to the issuance of a Occupancy Permit for the first unit of
the phase, unless otherwise modified by the Director of Community
Development and consistent with this intent.
b. Prior to issuance of any Occupancy permit, the proportional share of
the required 600 additional 15 gallon trees for mitigation of the
removed Oak trees shall be planted as shown on the approved
landscape plan. The location of the trees shall be spread
throughout the project area and shall not block horizon views from
proposed residential units. The final location of the trees shall
be determined as part of the approval of the Landscape Plan. The
Homeowners' Association, maintenance district, or similar entity
shall be responsible for maintenance of the trees.
C. The landscape plan shall include planting and irrigation
specifications for manufactured slopes over three (3) feet in
height, and all common areas proposed to be maintained by the
owners' association, maintenance district, or similar entity.
Page 7 of 31
TRACT 4977 (C.T. Financial)
RESOLUTION NO. 96 -1230
d. The purpose of the landscaping shall be to control erosion, prevent
aesthetic impacts to adjacent property owners, mitigate the visual
impacts of all manufactured slopes three (3) feet or more in height,
and to replace mature trees lost as a result of construction.
e. The subdivider shall bear the cost of the landscape plan review,
installation of the landscaping and irrigation system, and of final
landscape inspection.
f. The landscaping shall be in place and receive final inspection prior
to final inspection of the Grading Permit or prior to occupancy if
the slope is within a residential lot.
g. The final design of all sidewalks, barrier walls, streetscape
elements, urban landscaping, and pedestrian paths within the project
limits shall be consistent with the Specific Plan and are subject to
approval of the Director of Community development.
h. Backflow preventers, transformers, or other exposed utilities shall
be shown on the landscape plan(s) and shall be screened with
landscaping and /or a wall. Backflow preventers shall be installed
within ten (10) feet from the water meter or as close as practical.
It shall be a minimum of 12 inches above grade and not more than 36
inches measured from the bottom of the devise and with a minimum 12
inch side clearance.
i. All landscaped pedestrian walkways shall be designed to provide an
aesthetically pleasing streetscape appearance. All pedestrian
walkway plans shall be subject to approval of the Director of
Community Development.
j. Landscaping at site entrances and exits and at any intersection
within the development shall not block or screen the view of a
seated driver from another moving vehicle or pedestrian.
k. Irrigation shall be provided for all permanent landscaping
identified in the approved landscape plan unless drought tolerant
plants do not require irrigation. The subdivider shall be
responsible for maintaining the irrigation system and all
landscaping until such time as an owners' association, maintenance
district, or similar entity accepts the responsibility.
1. 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 consistent with the landscape plan
approved for the subdivision.
M. Landscaping (trees) shall not be placed directly under any overhead
lighting which could cause a loss of light at ground level.
Page 8 of 31
TRACT 4977 (C.T. Financial) .
RESOLUTION NO. 96 -1230
n. 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 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 required 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 the Carlsberg Specific Plan. The median
on Tierra Rejada Road and Science Drive shall be maintained by a
Citywide Assessment District while the parkways and entryways on all
arterial and collector streets as determined by the City shall be
maintained by an area wide Assessment District or homeowner's
association.
Easements shall also 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 entries from Science Drive.
o. The use of native and /or drought - tolerant shrubs and trees shall be
utilized for landscaping purposes in order to stabilize graded
slopes and encourage the return of some wildlife species displaced
from the project site as a result of grading activities.
p. Exotic plants which are known to spread beyond their original
plantings and invade native habitats such as Pampus Grass, Spanish
Broom, and Tamarisk shall not be used.
q. Prior to recordation, the final parcel map shall indicate all
landscape planting and maintenance easements. Said easement shall
encompass all man -made slopes adjacent to said lots.
r. The landscape plan shall contain plans and specifications including
temporary irrigation, if needed, for the additional trees to be
Page 9 of 31
TRACT 4977 (C.T. Financial)
RESOLUTION NO. 96 -1230
planted in the open space areas as required in the Amended Specific
Plan.
S. 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.
All landscaped areas with permanent irrigation including the Peach
Hill Road, Science Drive, Spring Road, and Tierra Rejada Road
parkways and tract entry treatments for streets intersecting Science
Drive, but exclusive of the area adjacent to SR 23 in Tract 4975
shall be maintained by a maintenance assessment district. All other
areas shall be owned and maintained by a homeowners' association
(HOA) including, but not limited to all open space areas (graded and
ungraded) including those areas requiring revegetation and with the
trees planted pursuant to item (b), all fuel modification zones,
vernal pool (Tract 4975) and trails.
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.
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 (75 %) of the homes. The developer shall be
responsible for maintenance in a condition acceptable to City
and shall maintain responsibility until the City Council
approves assumption of maintenance.
Developer shall request in writing prior to November 30 of any year
after which i. or ii. above, have been satisfied that the applicable
Page 10 of 31
TRACT 4977 (C.T. Financial)
RESOLUTION NO. 96 -1230
portions of said areas be placed in a maintenance assessment
district effective the following July 1.
32. 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.
Unconditional Availability Vetter
33. Prior to approval of a Final Map, an unconditional availability letter
shall be obtained from the County Waterworks District No. 1 for sewer and
water service for each lot. Said letter shall be filed with the
Department of Community Development or, if said Unconditional Availability
Letter in a form satisfactory to the City cannot be obtained from the
County Waterworks District No. 1, the developer shall execute a
Subdivision Sewer Agreement in a form satisfactory to the City. Said
agreement shall permit deferral of unconditional guarantee for sewer and
water service until issuance of a building permit for each lot in the
subdivision. Said agreement shall include language holding the City
harmless against damages in the event of the ultimate lack of adequate
water or sewer service.
34. 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.
Utility Bond
35. Prior to approval of a Final Map, the subdivider shall post sufficient
surety bond to assure that all proposed utility lines within and
immediately adjacent to the project site shall be placed underground to
the nearest off -site utility pole. All existing utilities shall also be
undergrounded to the nearest off -site utility pole with the exception of
66 KVA or larger power lines. All above grade utility fixtures shall be
placed adjacent to landscaped areas and shall be screened on three sides.
The subdivider shall indicate in writing how this condition will be
satisfied.
Page 11 of 31
TRACT 4977 (C.T. Financial)
RESOLUTION NO. 96 -1230
Fees, Contributions and Deposits
Condition Compliance Deposit
36. Prior to approval of the final map, the subdivider shall submit a deposit
for condition compliance review.
Payment of Outstanding Costs
37. Prior to approval of the final map, the subdivider shall pay all
outstanding case processing, environmental documentation costs, and all
City legal service fees and administrative costs.
Lighting
i ng
38. Lighting in areas adjacent to the natural open space portions of the site
shall be fully hooded and shielded to prevent illumination of sensitive
habitats. (EIR 2 -10, B5)
Citywide Mitigation Fee
39. As a condition of the issuance of a building permit for each residential,
commercial or industrial use within the boundaries of the Amended Specific
Plan, Developer shall pay City a mitigation fee (the "Mitigation Fee ").
The Mitigation Fee shall be Two Thousand Dollars ($2,000) per residential
unit. The Mitigation Fee shall be Eleven Thousand Two Hundred Dollars
($11,200) per gross acre of the Sub - Regional /Commercial (SR /C) or Business
Park (BP) lot on which the commercial or industrial use is located.
Commencing on January 1, 1997, and annually thereafter, both categories of
the Mitigation Fee shall be increased or decreased to reflect the change
in the 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 31st of the preceding year ( "annual indexing ") , but
in no event shall either category of Mitigation Fee be decreased below the
original dollar amount specified herein. Institutional uses shall pay on
the same basis as commercial and industrial uses, except that
institutional uses which are exempt from secured property taxes shall be
exempt from the fee. (SA -7)
The City of Moorpark, in their sole and unfettered discretion, may elect
not to collect the Mitigation Fee. In the event of such election,
Developers shall be responsible for all costs for traffic mitigation
measures TC12, TC13 (cost of signal installation or modification at State
Route 23 northbound ramps /Tierra Rejada Road only), TC14 (cost of signal
installation or modification at State Route 23 southbound ramps /Tierra
Rejada Road only) and TC17, as described in the SEIR. Prior to the
issuance of the first building permit within the boundaries of the Amended
Specific Plan, Developers shall make a written request of City that they
decide whether or not to make the election, and City shall notify
Developers of their decision within thirty (30) days after receipt of the
request. (SA -8)
Page 12 of 31
TRACT 4977 (C.T. Financial)
RESOLUTION NO. 96 -1230
The Mitigation Fee, if collected, may be expended by City in their sole
and unfettered discretion; provided, however, payment of the Mitigation
Fee represents payment in full of the "fair share" amounts required by
traffic mitigation measures TC12, TC13 (cost of signal installation or
modification at State Route 23 northbound ramps /Tierra Rejada Road only),
TC14 (cost of signal installation or modification at State Route 23
southbound ramps /Tierra Rejada Road only) and TC17. (SA -8)
Payment of the Mitigation Fee does not represent payment, in full or in
part, of certain traffic mitigation measures described in the SEIR that
will be installed by others but for which Developers are required to pay
"fair share" amounts to City. The "fair share" amounts shall be
determined by the following percentages applied to the actual costs of
said installations: TC7 (48 %), TC10 (34 %) and TC11 and TC13 (signal
modification at Spring Road /Los Angeles Avenue only) (50 %). (SA -8)
The remaining traffic mitigation measures described in the SEIR, to wit:
TC1, TC2, TC3, TC4 (100% of the improvements rather than the 63% provided
for in the SEIR) , TC5, TC8, TC13 (signal at Science Drive /New Los Angeles
Avenue only) and TC15 (signal at "A" Street / "B" Street only) shall be in-
stalled by Developers at their sole cost and expense, without off -set
against the AOC Fee or the Mitigation Fee. The second Tierra Rejada
westbound and eastbound lanes identified in the SEIR have been constructed
by City (the "Widening Project ") . Developers shall have no financial
obligation with respect to the Widening Project except as provided in the
Settlement Agreement; provided, however, Developer shall complete
frontage improvements on the north side of Tierra Rejada Road adjacent to
the property described in Exhibit B, including, but not limited to,
approximately eight (8) feet of paving, striping, curb and gutter,
sidewalk, drainage, parkway landscaping and signage, no later than the
issuance of the first occupancy permit within the boundaries of the
property described in Exhibit "B "of the Settlement Agreement. (SA -9)
40. Other fees are listed under the heading "City Engineer Department
Conditions."
GENERAL
41. Tract 4974 shall have been recorded and all infrastructure improvements,
required by the conditions of approval for that tract, shall be
completed.
42. All areas to be commonly maintained including Open Space Areas and all
parks, as determined by the City, shall be designated as separate lettered
lots (Parcel A, Parcel B, etc.) on final subdivision maps.
43. If desired by the applicant recorded phased final maps within Tentative
Tract Map 4977 shall be permitted.
Page 13 of 31
TRACT 4977 (C.T. Financial)
Grading:
RESOLUTION NO. 96 -1230
44. The applicant 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; shall enter into an
agreement with the City of Moorpark to complete the improvements; and
shall post sufficient surety guaranteeing completion.
45. Graded slopes, visible from off -site to the west shall be hydroseeded
immediately upon completion consistent with the landscape concept plan.
The City shall specify alternate deadlines for completion of all
hydroseeding based on the grading schedule. (EIR 2 -5, T1)
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. Along with these control
measures, hydroseeding and temporary irrigation, if needed, shall be
provided on all graded slopes within 30 days of completion of grading on
those slopes. (EIR 2 -7, HY1) Interim borrow sites shall be hydroseeded
within 30 of completion of grading unless an alternate schedule is
assigned by the Director of Community Development.
46. All on -site haul routes shall be approved by the City Engineer and clearly
marked on the grading plan. 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.
47. All off -site import /export operations, requiring an excess of 12 total
trucks loads, shall require Council approval prior to the issuance of a
grading permit.
48. The applicant shall submit to the City of Moorpark for review and
approval, detailed Soils and Geology Reports certified by a California
Registered Civil Engineer and Geologist. The geotechnical report shall
include an investigation with regard to liquefaction, expansive soils, and
seismic safety.
In addition, the soils report shall discuss the contents of the soils as
to the presence or absence of any hazardous waste or other contaminants in
the soils.
Note: Review of the soils and geology report by the City's consultant
will be required by the City Engineer. The applicant shall reimburse the
City for all costs including the City's administrative and overhead costs.
49. All recommendations included in the geotechnical and geology reports shall
be implemented during project design, grading, and construction in
accordance with the approved specific plan. The City Engineer shall
review all plans for conformance with the geologist's and soils engineer's
recommendations.
Page 14 of 31
TRACT 4977 (C.T. Financial)
RESOLUTION NO. 96 -1230
50. All exploratory trenches shall be identified on the grading plan. Specific
recommendations for the recompaction of these trenches shall be made as
part of the geotechnical engineers report.
51. All requests for staged grading must be submitted in writing to the City
Engineer for review and approval by the City Council.
Tract 4976 and 4977 will be graded as one project and import /export of
dirt from Tract 4976 prior to final grading is permitted. (SP -16)
52. The subdivider shall indicate in writing to the City the disposition of
any water well (s) or any other well 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 per Ventura County
Ordinance No. 2372 and per Division of Oil and Gas requirements.
53. The maximum gradient for any slope shall not exceed a 2:1 slope
inclination except where special circumstances exist. In the case of
special circumstances where steeper slopes are warranted, 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. (SP -12 2.d., EIR 2 -6 T6)
New slopes adjacent to roadways and development areas shall be graded in
such a way that a contoured appearance is provided. Contour grading of
all slopes shall be provided to the satisfaction of the Director of
Community Development and the City Engineer. (SP- 11.2.b.)
54. No grading activities shall take place within at least 100 feet along the
perimeter 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.
55. All graded slopes shall be planted or hydroseeded in a timely manner
meeting the approval of the Director of Community Development with
vegetation that will stabilize slopes and minimize erosion. Interim
borrow sites are to be hydroseeded within 30 days of completion of
grading, shall include temporary irrigation, as needed, and shall minimize
rectilinear form when possible. (EIR 2 -6 T9)
Temporary irrigation, hydroseeding and erosion control measures 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 sixty days or the beginning of the rainy season whichever
comes first.
56. 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. (EIR 2 -6, T10, SP- 12.h.)
Page 15 of 31
TRACT 4977 (C.T. Financial)
RESOLUTION NO. 96 -1230
57. 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 slope
of less than ten (10) feet. (SP- 12.k.)
58. Grading on the perimeter of the site shall not be designed with perimeter
downslopes to property lines unless a homeowners' association, slope
maintenance district, or similar entity is established for maintenance of
such downslopes. (SP- 12.1.)
59. Interior slopes between manufactured building pads shall be designed with
up -slope property lines. (SP- 13.m.)
60. All areas of impact to the coastal sage scrub shall be delineated on the
grading plan. All areas in which revegetation efforts will occur shall
also be identified and provisions to protect the revegetation area shall
be included within the grading plan as approved by the Director of
Community Development. (EIR 2 -9, B2)
61. Prior to the issuance of grading permits, the tree survey and mitigation
program shall be reviewed and approved by the Director of Community
Development. Preservation, transplanting and planting of oak trees shall
be considered.
The grading plans shall be prepared, utilizing the above information, and
shall depict the methods used during grading operations which minimizes,
to the extent possible, impacts or disruptions to said oak trees.
When it is determined which oak trees will be preserved, the following
guidelines shall apply. (SP -28.5)
a. Design
i. Grading and /or the placement of structures shall be prohibited
within the dripline 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.
ii. 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.
iii. For the zone between the six foot radius from the tree trunk
and the drip line alternative pervious types of paving such as
gravel, redwood chips, porous brick with sand joints, etc.
shall be utilized.
Page 16 of 31
TRACT 4977 (C.T. Financial)
RESOLUTION NO. 96 -1230
iv. Retaining walls shall be used to protect existing grades
within the driplines of trees. However, these walls shall not
alter drainage from around trees.
V. 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 dripline.
b. During Construction
i. Trees within a construction area shall be protected from
damage by equipment by installing temporary barriers such as
fencing at the dripline.
ii. Equipment, debris, building materials and /or excess soil shall
not be stored within the dripline.
iii. Trenches for utilities or irrigation shall be routed around
the dripline 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
driplines of trees where possible.
62. So as to reduce debris from entering sidewalk and streets, the approved
grading plan shall show a slough wall, 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
developer 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.
Provisions shall be made in the CC &R's for the maintenance of the slough
walls. The slough walls shall be maintained by the same entity
responsible for maintaining the adjacent slope.
STORM RUN -OFF
63. The storm drain system will be designed to accommodate 50 -year storm
f lows.
64. The applicant 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.
Page 17 of 31
TRACT 4977 (C.T. Financial)
RESOLUTION NO. 96 -1230
The plans shall depict all on -site and off -site drainage structures
required by the City. (EIR 2 -7, HY2)
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:
b. All storm drains shall carry a 50 -year frequency storm;
C. All catch basins shall carry a 50 -year storm;
d. All catch basins in a sump condition shall be sized such that depth
of water at intake shall equal the depth of the approach flows;
e. All culverts shall carry a 100 -year frequency storm;
f. Drainage facilities shall be provided such that surface flows are
intercepted and contained prior to entering collector or secondary
roadways;
g. Under a 50 -year frequency storm, all residential streets shall be
provided with a minimum of one travel lane with a goal that local,
residential and private streets shall have one dry travel lane
available on interior residential streets. Collector streets shall
provide a minimum of one dry travel lane in each direction;
h. 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 subdivider;
i. All drainage grates shall be designed and constructed with
provisions to provide adequate bicycle safety to the satisfaction of
the City Engineer;
j. If the land to be occupied is in an area of special flood hazard,
the subdivider shall notify all potential buyers in writing of this
hazard condition. The grading plan shall also show contours
indicating the 50, 100 & 500 year flood levels.
k. All flows from brow ditches, ribbon gutters and similar devices
shall be deposited into the storm drain system prior to entering
streets. If necessary, the storm drain shall be extended beyond the
public right -of -way through easements to eliminate surface flow
between parcels. Both storm drain and easements outside the right -
of -way are to be maintained by the Property- Owners' Association.
Page 18 of 31
TRACT 4977 (C.T. Financial)
RESOLUTION NO. 96 -1230
1. 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. (EIR 2 -6, T12, SP- 12.j.)
M. Drainage for the development shall be designed and installed with
all necessary appurtenances to safely contain and convey storm flows
to their final point of discharge, subject to review and approval of
the City Engineer.
n. This hydraulic /hydrology study shall analyze the hydraulic capacity
of the existing drainage system with and without the storm drain
system for the proposed development. The applicant shall make any
downstream improvements, required by the City to support the
proposed development of Tract 4977.
65. The applicant shall demonstrate for each building pad, to the satisfaction
of the City Engineer, as follows:
a. Adequate protection from a 100 -year frequency storm; and
b. Feasible access during a 50 -year frequency storm.
C. Hydrology calculations shall be per current Ventura County
Standards.
66. The applicant shall provide for all necessary on -site and off -site storm
drain facilities required by the City to accommodate upstream and on -site
flows. Facilities, as conceptually approved in the Specific Plan and
approved by the City, shall be delineated on the final drainage plans.
Either on -site retention basins or storm water acceptance deeds from off -
site property owners must be specified. Where applicable these facilities
must also be acceptable to the Ventura County Public Works Agency. (EIR 2-
7 , HY3
67. 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 &R's shall be submitted for review and approval and shall include
provisions for the Homeowner's Association or maintenance district to
maintain any private storm drainage systems.
STREET IMPROVEMENTS
68. The applicant shall submit to the City of Moorpark for review and
approval, street improvement plans prepared by a Registered Civil
Engineer; shall enter into an agreement with the City of Moorpark to
complete the improvements; and shall post sufficient surety guaranteeing
the construction of the improvements. Street improvements and median and
parkway landscaping shall not be accepted by the City for maintenance
Page 19 of 31
TRACT 4977 (C.T. Financial)
RESOLUTION NO. 96 -1230
until completion of all units in the tract, unless determined otherwise by
the City Council.
The street improvements shall include concrete curb and gutter, sidewalk,
median(s), street lights, traffic signals, striping and signing, interim
striping and traffic control, paving, and any necessary transitions to the
satisfaction of the City Engineer. All driveway locations shall be
approved by the City Engineer and the Director of Community Development.
The subdivider shall dedicate the necessary right -of -way to make all of
the required improvements.
The applicable Ventura County Road Standard Plates are as follows and have
been modified to conform to the cross sections shown on Exhibit 9 of the
Carlsberg Specific Plan dated 9 -7 -94 or as otherwise provided in the
Settlement Agreement of the same date. (In the case of any conflicts, the
Settlement Agreement shall take precedence over the design and timing for
construction of all improvements and or payments for improvements.)
Spring Road
69. Spring Road, south of Peach Hill Road shall, be per Ventura County
Standard Plate B -2B with a modified 94 foot right -of -way per cross section
"A" of Exhibit 9 of the Carlsberg Specific Plan (revised 9- 7 -94).
South of Peach Hill Road the sidewalk will be built within the thirty -two
(32) foot landscaped parkway at a location determined by the City as shown
on the approved landscape plans. (SP -25 4.c)
70. Prior to the issuance of the first zone clearance for occupancy for Tract
4977 the 94 foot right -of -way for Spring Road adjacent to the Conejo
Freeway Properties, Ltd's west property boundary extending from APN 500-
0- 350 -36 to Tierra Rejada Road will be dedicated to the City. An
additional two (2) foot pedestrian easement, for sidewalk purposes, shall
be provided outside and adjacent to the easterly Spring Road right of way.
The easement shall extend from Tierra Rejada Road to Christian Barrett
Road and shall be shown on the final map. Prior to the issuance of the
zone clearance for occupancy of the 55th residential unit in Tract 4977,
Spring Road improvements south of Peach Hill Road to Tierra Rejada Road
will be completed. (SP -16 3.b. par. 3)
Science Drive
71. Science Drive south of Peach Hill Road shall be per Ventura County
Standard Plate B -2A with a modified 104 foot right -of -way per cross
section "B -1" of Exhibit 9 of the Carlsberg Specific Plan (revised 9 -7-
94) .
Science Drive, from 600 feet South of Los Angeles Avenue to Tierra Rejada
Road, will feature enhanced twenty (20) foot landscape parkways, including
eight (8) foot sidewalks located on the east and west sides within the one
hundred four (104) foot extended right -of -way.
Page 20 of 31
TRACT 4977 (C.T. Financial)
RESOLUTION NO. 96 -1230
72. Science Drive, including the Peach Hill Road intersection, is to be
constructed from Peach Hill Road to Tierra Rejada Road prior to issuance
of the first zone clearance for occupancy for residential units in Tract
4977 (TC3) .
North leg intersection improvements at Science Drive and Tierra Rejada
Road shall also be completed at this time. The improvements shall provide
westbound right -turn lane, eastbound left -turn lane, southbound left -turn
lane, and southbound right -turn lane (project share 100 percent) (EIR 2-
11, TC4, SA -pg. 9 par. 1).(i)
73. The developer is to fully construct the Science Drive /Peach Hill Road
Intersection and provide northbound left -turn lane, shared northbound
through /right turn lane, shared southbound through /right turn lane, east-
bound left -turn lane, shared eastbound right -turn /through lane, westbound
left turn lane and shared westbound through /right turn lane. (EIR 2 -11,
TC3) The developer's traffic engineer shall verify that no Level of
Service decreases shall occur as a result of the shared westbound
through /right turn lane. Should a Level of Service D result at this
intersection then the developer shall provide the City adequate right of
way and construct a dedicated westbound right turn lane onto Science
Drive.
74. The developer is to fully construct the north leg of intersection of
Science Drive /Tierra Rejada Road and provide westbound right -turn lane,
eastbound left -turn lane, southbound left -turn lane, and southbound right -
turn lane (project share 100 percent) (EIR 2 -11, TC4, SA -pg. 9 par. 1).
75. The developer is to fully construct the Science Drive /Peach Hill Road
Intersection and provide northbound left -turn lane, northbound through
lane, southbound through lane, southbound right -turn lane, eastbound left -
turn lane, and eastbound right -turn lane. (EIR 2 -11, TC3)(0).0.1
76. Left turn storage lanes are required at all intersections along Science
Drive as shown on the Amended Specific Plan. No other median breaks are
allowed.
77. The City will consider a request for the acceptance of Science Drive upon
the following: a) completion and approval of all Science Drive street
improvements; b) recordation of all final maps; c) completion of all
phases of work; and d) the occupancy of at least seventy -five percent
(75 %) of the lots. The developer may request and the City may accept only
that portion of Science Drive situated north or south of Peach Hill Road,
provided all of the above criteria is met with respect to that portion of
the Carlsberg development located adjacent to said segment of Science
Drive.
78. All driveways shall be located on lots such that no portion of the
driveways shall be closer than 65 feet to the closest beginning of curve
radius for the intersection with Science Drive (This may require shifting
of some lots or lot lines). Easements and landscaping shall also be
Page 21 of 31
TRACT 4977 (C.T. Financial)
RESOLUTION NO. 96 -1230
provided at the intersection with Science Drive to enhance the tract
entries, subject to the approval of the Director of Community Development.
Tierra Rejada Road
79. Tierra Rejada Road adjacent to Tract 4977 shall be per Ventura County
Standard Plate B -2B with a modified 94 foot right -of -way per cross section
"F" of Exhibit 9 of the Carlsberg Specific Plan (revised 9- 7 -94).
Tierra Rejada Road street improvements shall include westbound right -turn
lane at the Science Drive and Spring Road intersections and northside
improvements shall also include, but not be limited to, approximately
eight (8) feet of additional paving, striping, curb and gutter, sidewalk,
drainage, parkway landscaping and signage. (SA -9, par. 1) These north side
improvements, east of the Spring Road intersection to the SR -23 freeway,
shall be constructed prior to issuance of the first zone clearance for
occupancy for residential units in Tract 4977. (TC4, SA -9 par. 1)
Other:
80. Traffic signals at the following intersections; Spring Road /Tierra Rejada
Road, Moorpark Road /Tierra Rejada Road and Science Drive /Tierra Rejada
Road shall be installed or modified prior to the issuance of the first
zone clearance for occupancy within Tract 4977 (TC13., TC14., TC15. and
TC16). Payment of the AOC fee shall represent payment in full of the
applicant's fair share amount for those improvements.
81. Developer shall contribute their fair share to the construction of the
Moorpark Road /Tierra Road intersection, to the extent that the following
improvements exceed the AOC widening costs of Tierra Rejada Road; add
second westbound left -turn lane, second northbound right -turn lane,
eastbound right- turn lane, and provide northbound right -turn overlap with
the westbound left -turn overlap as part of signal installation (project
share is 48 %).
82. State Route 23 northbound ramps /Tierra Rejada Road: Applicant to pay fair
share of the costs to convert the shared northbound left -turn
lane /northbound right -turn lane to northbound right -turn lane, and to add
second northbound left -turn lane and second northbound right -turn lane.
Note: These improvements are required to mitigate "no- project" as well as
"with- project" conditions. Payment of the Mitigation fee as described in
the Settlement Agreement shall represent payment of the applicants "fair
share ".(EIR 2 -13, TC12, SP -18 par. 1)
83. Applicant to pay fair share of the costs for the signal reconstructions at
Spring Road /Tierra Rejada Road, (Payment of the AOC fee shall represent
payment "in full" of the applicants fair share amount for this
intersection). (SA -7 par. 2).
84. Applicant to pay fair share of the costs to improve State Route 23
southbound ramps /Tierra Rejada Road signal(Payment of the Mitigation fee
Page 22 of 31
TRACT 4977 (C.T. Financial) RESOLUTION NO. 96 -1230
as described in the Settlement Agreement shall represent payment of the
applicants "fair share" (EIR 2 -13 TC14, SA -8, SP -18 par. 1)
85. Applicant to pay fair share of the costs for the signal installations at
Moorpark Road /Tierra Rejada Road (Payment of the AOC fee shall represent
payment "in full" of the applicants fair share amount for this
intersection (SA -7 par. 2, EIR 2 -13 TC14)
86. Applicant to fully install the signals at Science Drive /Tierra Rejada Road
(Payment of the AOC fee shall represent payment "in full" of the
applicants fair share amount for this intersection. (SA -7 par. 2, EIR 2-
13, TC15)
87. The project developer shall contribute a fair share to improvements to
County roadways or related facilities (cost of signal installation or
modification at State Route 23 southbound ramp /Tierra Rejada Road only) if
a reciprocal agreement between the County of Ventura and the City of
Moorpark addressing said matter is approved. (Payment of the Mitigation
fee as described in the Settlement Agreement shall represent payment of
the applicants "fair share ").(SP -18, TC -14, TC -17)
88. Prior to the issuance of the first building permit for residential use
within Tract 4977, the applicant shall pay City the Tierra Rejada /Spring
Road Area of Contribution Fee (the "AOC Fee "). The AOC Fee shall be the
dollar amount in effect at the time of the payment of the fee. (SA -6)
Payment of the AOC Fee shall represent payment in full of the "fair share"
amounts required by traffic mitigation measures TC6, TC9, TC13 (cost of
signal installation or modification at Spring Road /Tierra Rejada Road
only), TC14 and TC16 (cost of signal installation at Moorpark Road /Tierra
Rejada Road only) and TC15 (cost of signal installation at "A"
Street /Tierra Rejada Road only), as described in the SEIR. (SA -6 &7)
89. The applicant shall include bus stop turnouts in the final street
improvement plans if required by the Director of Community Development.
(EIR 2 -16, A8)
The final location of the bus turnoutand facilities shall be approved by
the Director of Community Development.
90. The developer shall adhere to Business and Professions Code 8771 which
requires that all monuments be located and tied out prior to any
construction or relocation of a street.
The developer's 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.
91. Street lights shall be provided per Ventura County Standards and as
approved by the City Engineer. The subdivider shall pay all energy costs
associated with street lighting for a period of one year from the
acceptance of the street improvements.
Page 23 of 31
TRACT 4977 (C.T. Financial) RESOLUTION NO. 96 -1230
92. 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. Said slope easements shall
include the area covered by the cut slope plus 5 feet and fill slope plus
5 feet.
93. The final map shall indicate the location of all trail easements. The
minimum widths of said easements shall be a minimum of 12 feet wide. The
trail easements shall be offered for dedication to the City of Moorpark.
Prior to recordation, the subdivider shall bond for construction of the
proposed trails at 150% 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 owners' 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 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.
94. The developer shall submit a trails plan concurrent with the grading plan.
The plan shall provide for all trails to be completed with the appropriate
grading and landscaping for the construction phase.
The approximate length and location of the trails consistent with Exhibit
8 of the Amended Specific Plan, shall be constructed in native soil with
approximately a three foot width rather than decomposed granite. The
width and construction standards of the trails shall be modified from that
as shown in the Amended Specific Plan. The precise location, size and
type of construction of the trails shall be subject to the review and
approval of the Director of Community Development.
95. The developer shall provide that the site /grading and improvement plans
assure pedestrian and bikeway access between all bus stops and bicycle
paths, respectively; and adequate on -site development of such. (EIR 2 -16,
A9)
96. where roads are to be built requiring 4 or more inches of pavement,
subdivider shall construct the required street section minus 1 -1/2 inches
of paving as an interim condition until all utility cuts or trenching is
completed and the City Engineer grants approval to accomplish this task.
The final 1 -1/2 inches cap of asphalt shall be placed after all necessary
trenching is completed. In areas of longitudinal trenching, paving
fabric shall be used to prevent reflective cracking.
97. Any right -of -way acquisition necessary to complete the required
improvements will be acquired by the subdivider at his expense.
98. Publicly dedicated streets shall conform to the design requirements of the
Ventura County Road Standards (most recent revision) except as provided in
the Specific Plan and as follows.
Page 24 of 31
TRACT 4977 (C.T. Financial) RESOLUTION NO. 96 -1230
a. Sidewalks to be a minimum of five feet wide at all points.
b. New parkways shall maintain a minimum crossfall of 2% toward the
street for a minimum distance of 10 feet from the curb face.
99. The applicant shall submit wall and landscaping plans and a copy of the
CC &R's showing that provisions have been taken to provide for and maintain
proper sight distances.
100. Special tract entry landscaping, , shall be approved by the Director of
Public Works and Director of Community Development. (SP -24 4. par. 3)
101. The subdivider shall post sufficient surety guaranteeing completion of all
improvements which revert to the City (i.e., grading, street improvement,
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 surety agreement shall also include provisions for all off -site
improvements along the entire frontage of Tract 4977 and other offsite
improvements which require mitigation as described herein.
102. The applicant shall demonstrate legal access to all parcels to the
satisfaction of the City Engineer.
UTILITIES
103. Utilities, facilities and services for Tract 4977 will be extended and /or
constructed in conjunction with its phased development by the developer as
the project proceeds.
a. Water & Sewer
The developer will be responsible for the construction of all onsite
and offsite sanitary sewer facilities to serve the project. The
developer shall enter into an agreement with V.C.W.W. Dist. No. 1
to construct the improvements and the system will be dedicated to
V.C.W.W. Dist. for maintenance. (SP -14)
b. Prior to recordation of a final map, the City, Calleguas Municipal
Water District and Ventura County 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 Ventura
County Waterworks District No. 1 stating when and how facilities
will be funded and constructed. The system will be designed and
constructed to meet the requirements of the proposed land uses and
applicable City, Calleguas and V.C.W.W. District No. 1 standards.
(SP -13)
C. Other Utilities:
Page 25 of 31
TRACT 4977 (C.T. Financial)
OTHER
RESOLUTION NO. 96 -1230
Provisions for electrical, natural gas, telephone and solid waste
collection services and cable television to Tract 4977 will be made
prior to development of the project area. All services can be
extended by each respective company to meet future demands of the
tract. Natural gas service will be provided by Southern California
Gas. Electric service will be provided by Southern California
Edison. Telephone service will be provided by Pacific Bell. Solid
waste collection will be provided by private companies as regulated
by the City. These services will be phased in conjunction with
development of the project area. (SP -14)
104. 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 Governmental
Code Section 66457.
a. Notify the City of Moorpark (hereinafter "City ") in writing that the
applicant wishes the City to acquire an interest in the land which
is sufficient for the purposes as provided in Governmental 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 fair market value of the interest to be
acquired, and (iv) a current Litigation Guarantee Report.
C. Enter into an agreement with the City, guaranteed by such cash
deposits or other security as the City may require, pursuant to
which the applicant will pay all of the City's cost (including,
without limitation, attorney's fees and overhead expenses) of
acquiring such an interest in the land.
105. The subdivider shall pay all County fees related to Computer -aided Mapping
System (CAMS).
IN CONJUNCTION WITH APPROVAL OF FINAL MAP, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED•
106. The subdivider shall offer to dedicate to the City of Moorpark public
service easements as required by the City.
107. The subdivider shall offer to dedicate to the City of Moorpark, public
use, all right -of -way for public streets.
Page 26 of 31
TRACT 4977 (C.T. Financial)
RESOLUTION NO. 96 -1230
108. The subdivider shall dedicate to the City of Moorpark the access rights
adjacent to Spring Road, Tierra Rejada Road, Peach Hill Road and Science
Drive except for access locations approved by the Amended Specific Plan or
subsequent action of the City Council.
109. That prior to submittal of the Final Map, 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.
Enforcement of Vehicle Codes
110. Prior to Occupancy, the applicant shall request the City to enforce
appropriate vehicle codes on subject property as permitted by Vehicle Code
Section 21107.7.
111. 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. (EIR 2 -8, HY3 & 4)
112. 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.
113. Work conducted during the school year shall be coordinated with the
Moorpark Unified School District and the City Engineer.
No construction, detours or obstructions shall be allowed on Peach Hill
Road, Science Drive or Spring Road during the regular school year between
the hours of 8:00 -9:00 A.M. and 3:00 -4:00 P.M.
114. All trucks importing or exporting fill to or from the Tract shall use
tarpaulins to cover the load and shall operate between the hours of 9 a.m.
to 5 p.m. on weekdays only. As an option the haul material may be watered
in lieu of covering. (If approved by the City Engineer)
115. All unimproved areas with vehicle traffic shall be watered periodically
and the vehicle speed shall be limited to 15 mph.
116. During site preparation and construction, minimize disturbance of natural
groundcover on the project site until such activity is required for
grading and construction purposes.
117. During clearing, grading, earth moving or excavation operations, dust
emissions should be controlled by regular watering (If feasible water from
the Arroyo shall be used), paving construction roads and other dust pre-
Page 27 of 31
TRACT 4977 (C.T. Financial)
RESOLUTION NO. 96 -1230
vention measures. The applicant shall submit a dust control plan,
acceptable to the city, concurrently with submittal of the mass (as
opposed to the precise) grading plan. This plan shall include, but is not
be limited to the following measures: (EIR 2 -14, A -1)
a. Water all site access roads and material excavated or graded on- or
off -site to prevent excessive amounts of dust. Watering shall occur
at least two times daily, preferably in the late morning and after
the completion of work for the day.
b. 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 APCD meteorologist for
current information about average wind speeds.
C. Water or securely cover all material transported off -site and on-
site to prevent excessive amounts of dust.
d. Minimize the area disturbed at any one time by clearing, grading,
earth moving and excavation so as to prevent excessive amounts of
dust.
e. Keep all grading and construction equipment on or near the site,
until these activities are completed.
f. Wash off heavy -duty construction vehicles before they leave the
site.
g. When appropriate, seed exposed surfaces with a fast - growing, soil -
binding plant to reduce wind erosion and its contribution to local
particulate levels.
h. observe a 15 mile per hour speed limit for the construction area.
i. Periodically sweep public streets in the vicinity of the site to
remove silt (i.e., fine earth material transported from the site by
wind, vehicular activities, water runoff, etc.) which may have
accumulated from construction activities. (EIR 2 -14, Al)
118. The developer shall request that all employees involved in grading opera-
tions on the project wear face masks during dry periods. (EIR 2 -15, A3)
119. Maintain equipment engines in good condition and in proper tune as per
manufacturers' specifications to prevent excessive emissions. (EIR 2 -16,
A4)
120. All diesel engines used in construction equipments should use high
pressure injectors. (EIR 2 -16, A5)
121. All diesel engines used in construction equipments should use reformulated
diesel fuel. (EIR 2 -16, A6)
Page 28 of 31
TRACT 4977 (C.T. Financial)
RESOLUTION NO. 96 -1230
122. 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. (EIR 2 -16, A2)
123. During site preparation and construction, construct temporary storm water
diversion structures per City of Moorpark standards.
124. Construction activities shall be limited to weekdays between the hours of
7:00 A.M. and 7:00 P.M. and Saturdays from 9:00 A.M. to 5:00 P.M.
Construction inspection outside regular City working hours may require a
premium be paid for overtime of City inspectors. No construction
activities shall occur on Sundays. (EIR 2 -19, N1)
125. Truck noise from hauling operations shall be minimized through establish-
ing hauling routes which avoid residential areas. The hauling plan must
be identified on the grading plan and approved by the City Engineer. (EIR
2 -19, N2)
126. The developer shall provide staging areas on -site to minimize off -site
transportation of heavy construction equipment. Locate these areas to
maximize the distance between activity and residential areas. (EIR 2 -19,
N3)
127. The developer shall ensure that construction equipment is fitted with
modern sound- reduction equipment. (EIR 2 -19, N4)
128. 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.
129. The subdivider shall utilize all prudent and reasonable measures
(including a 6 foot high chain link fence around the construction sites of
buildings and structures, or as determined by the City Engineer) to
prevent unauthorized persons from entering the work site at any time and
to protect the public from accidents and injury or provide on -site
security personnel.
PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION, THE FOLLOWING
CONDITIONS SHALL BE SATISFIED:
130. Reproducible centerline tie sheets shall be submitted to the City
Engineer's office.
131. The applicant 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.
Page 29 of 31
TRACT 4977 (C.T. Financial)
RESOLUTION NO. 96 -1230
132. A copy of the recorded Map(s) shall be forwarded to the City Engineer for
filing.
133. Sufficient surety in a form acceptable to the City guaranteeing the public
improvements pertinent to each phase shall be provided.
All surety guaranteeing the public improvements shall remain in place for
one year following acceptance 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 of 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.
134. A drainage swale shall be constructed behind the existing slough wall
located on the south side of Peach Hill Road. The swale shall empty into
an drainage device as approved by The City Engineer.
135. 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 on sheets larger than 22" X 3611, they must be resubmitted as
"as builts" in. series of 22" X 36" mylars (made with proper overlaps)
with a title block on each sheet. Submission of "as builts" plans is
required before a final inspection will be scheduled.
136. Prior to combustible construction, all weather access road /driveway,
suitable for use by a 20 ton Fire District vehicle shall be installed.
This improvement, or provisions to guarantee its installation, shall be
completed prior to recordation.
137. All driveways shall have a minimum vertical clearance of 13 feet 6 inches
(13' 6") .
138. Approved turnaround areas or easements for fire apparatus shall be
provided where the access road is 150 feet or farther from the main
thoroughfare.
139. Two (2) means of ingress /egress shall be provided to the development in
accordance with Fire District Private Road Guidelines.
140. The access road shall be of sufficient width to allow for a 40 foot
turning radius at all sharp turns in the road.
141. The private road(s) shall be named if serving more than two (2) parcels or
is longer than 299 feet. Prior to recordation of street names, proposed
names shall be submitted to the Fire District's Communications Center for
review.
Page 30 of 31
TRACT 4977 (C.T. Financial)
RESOLUTION NO. 96 -1230
142. 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.
143. Prior to recordation, the applicant shall provide the Fire District
verification from the water purveyor that the purveyor can provide the
required fire flow for the project.
144. Applicant shall obtain VCFD Form No. 126 "Requirements For Construction"
prior to obtaining a building permit for any new structures or additions
to existing structures.
145. Prior to combustible construction, where required by the Fire District,
there shall be two ingress /egress points for each lot. The location and
construction of these ingress /egress points shall be approved by the Fire
Department. Phase One of Tentative Tract No. 497 shall complete Science
Drive from Tierra Rejada Road to Peach Hill Road prior to combustible
construction.
146. All water mains and applicable hydrants shall
combustible construction. Fire Flow requirements
each project individually.
147. A fuel modification zone shall be maintained 100
with the requirements of the Fire District. The
shall be responsible for maintenance of the fuel
GENERAL REQUIREMENT:
be installed prior to
shall be calculated for
feet wide in accordance
Homeowners' Association
modification zone.
148. Applicant for service shall comply with the Ventura County Waterworks
District No. 1 "Rules and Regulations" including all provisions of or
relating to the existing Industrial Waste Discharge Requirements and
subsequent additions or revisions thereto. Ultra low plumbing fixtures
are required in all new construction.
Prior to approval of the first phase of the Final Map, the developer shall
work with Waterworks District No. 1 to ensure that any water tank on the
project site shall be painted an earthtone color, such as tan, and
screened with an earthen berm and drought tolerant landscaping to minimize
visual impacts. The tank color and landscaping plan shall be approved by
the Director of Community Development prior to installation. An
irrigation system shall be established for the landscaping; however,
irrigation can be discontinued after landscaping has become established
and irrigation water is no longer required, upon written approval of the
Director of Community Development.
Page 31 of 31
TRACT 4980 (C.T. Financial)
RESOLUTION NO. 96 -1230
NOTE: THE FOLLOWING REFERENCES ARE USED IN THE CONDITIONS OF APPROVAL: SA
(SETTLEMENT AGREEMENT), SP(SPECIFIC PLAN), SEIR(SUBSEQUENT ENVIRONMENTAL
IMPACT REPORT), OTHER REFERENCES ARE FROM THE MITIGATION MONITORING
PROGRAM FOR THE AMENDED SPECIFIC PLAN. THE TERMS; OWNER, APPLICANT,
DEVELOPER AND SUBDIVIDER ARE USED INTERCHANGEABLY HEREIN AND APPLY TO THE
ORIGINAL APPLICANT AS WELL AS TO ALL SUCCESSORS AND ASSIGNS.
GENERAL REQUIREMENTS:
Other Regul ion
1. The conditions of approval of this Tentative 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.
R2c7nirc=ment for Recordation of T n 've Tr Map rTOS 4973 and Common of
rnnrlitiong of Approval for Approved Residential Planned Development Permit
2. This Tentative Map shall not record until: A) Tentative Tract Map No.
4974 records; B) A Residential Planned Development Permit is approved; and
C) The Prior to Issuance of Zoning Clearance conditions of approval of the
Residential Planned Development Permit have been completed.
.. . - . -. 0 -•. -. l - 0014 -. 11
3. The setbacks for the proposed residences shall by varied so as to provide
visual diversity. The location of the buildable areas as shown on the
Tentative Tract Map shall not be construed to be the location of the
setbacks of the future residences. A criteria for this is that there
shall be a minimum of three feet variation with a maximum variation of
five feet for the front setback between adjacent lots, with no more than
two adjacent lots having the same front setback.
4. Prior to the approval of the final map, the Settlement Agreement and
Mutual Release executed on September 7, 1994, by and between City and
developer shall be amended to provide for the payment of a recreation
facilities fee (Recreation Fee). Said Recreation Fee is in lieu of
providing private recreation facilities in Tentative Tracts 4975, 4976,
4977 and 4980.
City may expend Recreation Fee in its sole and unfettered discretion to
provide community recreation facilities; provided, however, payment of
Recreation Fee represents payment in full for providing private recreation
facilities in Tentative Tracts 4975, 4976, 4977 and 4980.
Developer and City agree that the Residential Planned Development (RPD)
permits to be filed for Tentative Tracts 4975, 4976, 4977 and 4980 shall
Page 1 of 31
TRACT 4980 (C.T. Financial)
RESOLUTION NO. 96 -1230
also include a condition for payment of the Recreation Fee; and the City
agrees that no other condition for providing private recreational
facilities shall be imposed on any RPD permit for the aforementioned
Tentative Tracts. The Recreation Fee shall be $400.00 per lot and shall
be paid for each tract at such time as Developer sells the tract to a
successor or at the time the first zone clearance is issued for a
residential building permit (excluding models), in the Tract, whichever
first occurs. Commencing on January 1, 2002, the amount of the Recreation
Fee shall increase by one -half of one percent (0.5) per month (monthly
indexing) on any Recreation Fee not yet paid.
Covenants, Conditions and Restrictions
5. Covenants, Conditions and Restrictions (CC &R's) and By -Laws establishing
one or more Homeowners' Associations for the residential development shall
be prepared. The CC &R's shall identify all common Maintenance Areas for
the residential areas, including maintenance of all hiking trails, open
space lots, parkway landscaping for all streets within residential tracts,
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 &R's 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 conditions of approval
shall be highlighted in the copies of the CC &R's submitted for City
review. Prior to the sale of any lots, the CC &R's 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 &R's. The Homeowners' Associations may modify the CC &R's only
to the extent that they do not conflict with the terms of approval of the
Tentative Tract Map or approved Residential Planned Development Permit.
Sixty (60) days notice must be given to the City of the intent to modify
CC &R's. Further, it is the sole responsibility of the individual
Homeowners' Associations to enforce the CC &R's.
One or more homeowners' associations shall be established for Tentative
Tract Map Nos. 4975, 4976, 4977 4980 and the institutional lots. The
homeowners' association shall be responsible for all construction and
maintenance related to the natural open space, the trails, the vernal
pool, and any manicured landscaping not adjacent to a public right -of -way,
exclusive of the freeway. An assessment district zone of benefit shall be
created for maintaining the parkway along the four collector streets -
Science Drive, Spring Road, Tierra Rejada Road and Peach Hill Road. The
medians on Science Drive, Spring Road and Tierra Rejada Road are to be
ultimately be part of the Citywide Assessment District. If an assessment
district zone of benefit is not created, the responsibility for all
construction and maintenance shall be the responsibility of the
homeowners' association.
If the applicant can obtain another alternative for management of the
above stated areas prior to recordation of the Tentative Tract Map, it
will be considered by the City.
Page 2 of 31
TRACT 4980 (C.T. Financial) RESOLUTION NO. 96 -1230
All natural open space areas as shown on the map shall be open to the
general public and shall be owned and maintained by a Homeowner's
Association. The City Council may consider a privately funded option
prior to recordation of the map.
Dedication of Park
6. Prior to occupancy of the 227th dwelling unit within the Carlsberg
Specific Planning area, the developer shall dedicate an improved park to
the City. The park shall be improved and available (open) to the public
as described in the Settlement Agreement and Mutual Release. Prior to
approval of the Final Map, the developer shall post a bond or other
security acceptable to the City for construction of the improved park.
Changes to Map
7. Any changes to the Tentative Map, including but not limited to phasing,
lot sizes or dimensions, street layout, and areas to be graded, shall
require the filing of an application for Modification. The type of
Modification permit shall be determined by the Director of Community
Development pursuant to the criteria established in the Amended Carlsberg
Specific Plan Zoning Code and Subdivision Ordinance.
Cable rt ice
8. Television cable service shall be provided to all residential units
consistent with existing cable system requirements. Undergrounding of
cable wires is required and no lines shall be allowed to be extended along
the exterior walls of the residential buildings.
Archeological or Historical Finds
9. If any archeological 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
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.
The developer shall be responsible for the costs associated with the
professional investigation.
Declaration on of Public Nuisance
10. The continued maintenance of the common maintenance areas shall be subject
to periodic inspection of the City. The applicant, developer or
responsible Homeowners' Association, or similar maintenance entity, shall
be required to remedy any defects in landscape maintenance or other
common maintenance facilities, as indicated in writing by the City, within
five (5) days after notification. The Director of Community Development
may declare a development project or individual property that is not in
Page 3 of 31
TRACT 4980 (C.T. Financial)
RESOLUTION NO. 96 -1230
compliance with the Conditions of Approval, or for some other just cause,
a "public nuisance ". The Applicant /Developer, Homeowners' Association, or
each individual property owner, as applicable shall be liable to the City
for any and all costs and expenses to the City involved in thereafter
abating the nuisance and in obtaining compliance with the Conditions of
Approval or applicable codes. The City may enact special assessment
proceedings against the parcel of land upon which the nuisance existed to
pay all City costs related to abatement of the nuisance.
Phasing
T1 g
11. If the map is to record in phases, it shall be recorded in phases
consistent with the approved phasing plan on the Tentative Map.
Acceptance of Conditions
12. 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.
Reference to Conditions on Map
13. A notation which references approved conditions of approval shall be
included on the Final Map in a format acceptable to the Director of
Community Development.
Other A -Pncy Requirements
14. 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.
15. 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
one set of rules apply, the stricter ones shall take precedence.
16. Prior to recordation of the Final Map and prior to first occupancy of each
phase, the subdivider shall provide to the City an image conversion of
building, landscape, public improvement, site plans or other required
plans into an optical format acceptable to the City Clerk.
17. If any of the condition or limitations of this subdivision are held to be
invalid, that holding shall not invalidate the remaining conditions or
limitations set forth.
Page 4 of 31
TRACT 4980 (C.T. Financial)
RESOLUTION NO. 96 -1230
Expiration of Map
18. This Tentative Map shall expire 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.
Zoning Ordinance Requirements
19. As of the date of recordation of Final Map, the lots /parcels depicted
thereon shall meet the requirements of the Zoning Ordinance and Specific
Plan then applicable to the property. Conditional approval of the
Tentative Map shall neither limit the power of the legislative body to
amend the applicable zoning ordinances and /or Specific Plan nor compel the
legislative body to make any such amendments, except as provided in the
Settlement Agreement dated September 7, 1994.
20. No asbestos pipe or construction materials shall be used within this
subdivision.
21. 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 Government Code Section 66499.37. The City
will promptly notify the subdivider of any such claim, action or
proceeding, and, if the City should fail to do so or should fail to
cooperate fully in the defense, the subdivider shall not thereafter be
responsible to defend, indemnify and hold harmless the City or its agents,
officers and employees pursuant to this condition.
The City may, within its unlimited discretion, participate in the defense
of any such claim, action or proceeding if both of the following occur:
The City bears its own attorney fees and costs;
The City defends the claim, action or proceeding in good faith.
The subdivider shall not be required to pay or perform any settlement of
such claim, action or proceeding unless the settlement is approved by the
subdivider. The subdivider's obligations under this condition shall apply
Page 5 of 31
TRACT 4980 (C.T. Financial)
RESOLUTION NO. 96 -1230
regardless of whether a Final Map or Parcel Map is ultimately recorded
with respect to the subdivision.
22. 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.
Deve opment Fee
23. As a condition of the issuance of a building permit for each residential,
commercial or industrial use within the boundaries of the Amended
Specific Plan, the applicant shall pay the City, , a Development Fee as
described herein (the "Development Fee ") and imposed on similar
construction. The Development Fee may be expended by the City in their
sole and unfettered discretion. On the effective date of the Settlement
Agreement, the Fee shall be $1,587 per residential unit and $4,443 per
gross acre of Sub - Regional /Commercial (SR /C) or business Park (BP) land
which the commercial or industrial use is located. Commencing on the
first day of the month following the month in which the Settlement
Agreement became effective, the amount of the Development Fee shall
increase by one -half of one percent (0.5 %) per month on the first day of
the month ( "monthly indexing "). Institutional uses, whether or not exempt
from secured property taxes, shall be exempt from the fee.
24. Every effort shall be made to use reclaimed water to irrigate temporary
erosion control landscaping and for dust control of grading operations.
Sufficient proof shall be given to the Director of Community Development
that using reclaimed water is physically or economically not feasible
prior to the Director's decision to dispense with this condition.
25. Temporary irrigation, if needed, shall be provided for all non permanent
erosion control landscaping, unless otherwise approved by the Director of
Community Development. Temporary irrigation must be replaced with
permanent irrigation prior to issuance of a Zoning Clearance for the first
building, unless drought - tolerant plants selected do not require
irrigation.
26. Landform and grading design shall be consistent with the City of Moorpark
grading standards in effect on September 7, 1994.
27. Manufactured landforms shall be contoured and use daylight grading
techniques to provide a smooth and gradual transition of graded and
natural slopes, while preserving the basic character of the site.
28. Planned structures, roadways, paths, vegetation, irrigation and continuing
maintenance programs shall be used to stabilize manufactured slopes.
Page 6 of 31
TRACT 4980 (C.T. Financial)
RESOLUTION NO. 96 -1230
29. Suitable quantities of trees massed near the landform crest and shrubs of
varying sizes on graded slopes shall be used to screen structures and to
soften the visual appearance of the graded slope.
30. Grading shall emphasize scenic vistas to the open space areas.
.M- .M.
Cactus Wren Preservation
31. Prior to the approval of a grading plan, initiation of rough grading, or
approval of the Final Map, a proposed Habitat Restoration Plan shall be
prepared by a qualified native plant ecologist, or other qualified
professional to reduce the impacts to the cactus wren. This plan shall be
reviewed and approved the City prior to grading.
32. Prior to grading permit approval a complete landscape plan (2 sets),
together with specifications and a maintenance program shall be prepared
by a State Licensed Landscape Architect, generally in accordance with the
Specific Plan and the City of Moorpark Guide to Landscape Plans, and shall
be submitted to the Director of Community Development for review and
approval. All streetscape landscaping shall be completed within 90 days
of completion of the related course street base.
a. The completion of all landscaping for each phase shall be completed
prior to the issuance of a Occupancy Permit for the first unit of
the phase, unless otherwise modified by the Director of Community
Development and consistent with this intent.
b. Prior to issuance of any Occupancy permit, the proportional share of
the required 600 additional 15 gallon trees for mitigation of the
removed Oak trees shall be planted as shown on the approved
landscape plan. The location of the trees shall be spread
throughout the project area and shall not block horizon views from
proposed residential units. The final location of the trees shall
be determined as part of the approval of the Landscape Plan. The
Homeowners' Association, maintenance district, or similar entity
shall be responsible for maintenance of the trees.
C. The landscape plan shall include planting and irrigation
specifications for manufactured slopes over three (3) feet in
height, and all common areas proposed to be maintained by the
owners' association, maintenance district, or similar entity.
d. The purpose of the landscaping shall be to control erosion, prevent
aesthetic impacts to adjacent property owners, mitigate the visual
impacts of all manufactured slopes three (3) feet or more in height,
and to replace mature trees lost as a result of construction.
e. The subdivider shall bear the cost of the landscape plan review,
installation of the landscaping and irrigation system, and of final
landscape inspection.
Page 7 of 31
TRACT 4980 (C.T. Financial)
RESOLUTION NO. 96 -1230
f. The landscaping shall be in place and receive final inspection prior
to final inspection of the Grading Permit or prior to occupancy if
the slope is within a residential lot.
g. The final design of all sidewalks, barrier walls, streetscape
elements, urban landscaping, and pedestrian paths within the project
limits shall be consistent with the Specific Plan and are subject to
approval of the Director of Community development.
h. Backflow preventers, transformers, or other exposed utilities shall
be shown on the landscape plan(s) and shall be screened with
landscaping and /or a wall. Backflow preventers shall be installed
within ten (10) feet from the water meter or as close as practical.
It shall be a minimum of 12 inches above grade and not more than 36
inches measured from the bottom of the devise and with a minimum 12
inch side clearance.
i. All landscaped pedestrian walkways shall be designed to provide an
aesthetically pleasing streetscape appearance. All pedestrian
walkway plans shall be subject to approval of the Director of
Community Development.
j. Landscaping at site entrances and exits and at any intersection
within the development shall not block or screen the view of a
seated driver from another moving vehicle or pedestrian.
k. Irrigation shall be provided for all permanent landscaping
identified in the approved landscape plan unless drought tolerant
plants do not require irrigation. The subdivider shall be
responsible for maintaining the irrigation system and all
landscaping until such time as an owners' association, maintenance
district, or similar entity accepts the responsibility.
1. 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 consistent with the landscape plan
approved for the subdivision.
M. Landscaping (trees) shall not be placed directly under any overhead
lighting which could cause a loss of light at ground level.
n. 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
Page 8 of 31
TRACT 4980 (C.T. Financial)
RESOLUTION NO. 96 -1230
the event the Homeowners' Association fails to maintain the
landscaping in a manner consistent with the approved plans. If 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 required 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 the Carlsberg Specific Plan.
The median on Tierra Rejada Road and Science Drive shall be
maintained by a Citywide Assessment District while the parkways and
entryways on all arterial and collector streets as determined by the
City shall be maintained by an area wide Assessment District or
homeowners' association.
Easements shall also 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 entries from Science Drive.
o. The use of native and /or drought- tolerant shrubs and trees shall be
utilized for landscaping purposes in order to stabilize graded
slopes and encourage the return of some wildlife species displaced
from the project site as a result of grading activities.
p. Exotic plants which are known to spread beyond their original
plantings and invade native habitats such as Pampus Grass, Spanish
Broom, and Tamarisk shall not be used.
q. Prior to recordation, the final parcel map shall indicate all
landscape planting and maintenance easements. Said easement shall
encompass all man -made slopes adjacent to said lots.
r. The landscape plan shall contain plans and specifications including
temporary irrigation, if needed, for the additional trees to be
planted in the open space areas as required in the Amended Specific
Plan.
S. 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.
Page 9 of 31
TRACT 4980 (C.T. Financial)
RESOLUTION NO. 96 -1230
All landscaped areas with permanent irrigation including the Peach
Hill Road, Science Drive, Spring Road, and Tierra Rejada Road
parkways and tract entry treatments for streets intersecting Science
Drive, but exclusive of the area adjacent to SR 23 in Tract 4975
shall be maintained by a maintenance assessment district. All other
areas shall be owned and maintained by a homeowners' association
(HOA) including, but not limited to all open space areas (graded and
ungraded) including those areas requiring revegetation and with the
trees planted pursuant to item (b), all fuel modification zones,
vernal pool (Tract 4975) and trails.
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.
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 (75 %) of the homes. The developer shall be
responsible for maintenance in a condition acceptable to City
and shall maintain responsibility until the City Council
approves assumption of maintenance.
Developer shall request in writing prior to November 30 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 1.
33. Prior to approval of a Final Map, the subdivider shall demonstrate by
possession of a District Release from the Calleguas Municipal Water
Page 10 of 31
TRACT 4980 (C.T. Financial) RESOLUTION NO. 96 -1230
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.
unconditional Availability Vetter
34. Prior to approval of a Final Map, an unconditional availability letter
shall be obtained from the County Waterworks District No. 1 for sewer and
water service for each lot. Said letter shall be filed with the
Department of Community Development or, if said Unconditional Availability
Letter in a form satisfactory to the City cannot be obtained from the
County Waterworks District No. 1, the developer shall execute a
Subdivision Sewer Agreement in a form satisfactory to the City. Said
agreement shall permit deferral of unconditional guarantee for sewer and
water service until issuance of a building permit for each lot in the
subdivision. Said agreement shall include language holding the City
harmless against damages in the event of the ultimate lack of adequate
water or sewer service.
35. 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.
Utility Bond
36. Prior to approval of a Final Map, the subdivider shall post sufficient
surety bond to assure that all proposed utility lines within and
immediately adjacent to the project site shall be placed underground to
the nearest off -site utility pole. All existing utilities shall also be
undergrounded to the nearest off -site utility pole with the exception of
66 KVA or larger power lines. All above grade utility fixtures shall be
placed adjacent to landscaped areas and shall be screened on three sides.
The subdivider shall indicate in writing how this condition will be
satisfied.
Fees, Contributions and Deposits
Condition Compliance Deposit
37. Prior to approval of the final map, the subdivider shall submit a deposit
for condition compliance review.
Payment of Outstanding costs
38. Prior to approval of the final map, the subdivider shall pay all
outstanding case processing, environmental documentation costs, and all
City legal service fees and administrative costs.
Page 11 of 31
TRACT 4980 (C.T. Financial)
RESOLUTION NO. 96 -1230
39. Lighting in areas adjacent to the natural open space portions of the site
shall be fully hooded and shielded to prevent illumination of sensitive
habitats. (EIR 2 -10, B5)
Citywide Mitigation Fee
40. As a condition of the issuance of a building permit for each residential,
commercial or industrial use within the boundaries of the Amended Specific
Plan, Developer shall pay City a mitigation fee (the "Mitigation Fee").
The Mitigation Fee shall be Two Thousand Dollars ($2,000) per residential
unit. The Mitigation Fee shall be Eleven Thousand Two Hundred Dollars
($11,200) per gross acre of the Sub - Regional /Commercial (SR /C) or Business
Park (BP) lot on which the commercial or industrial use is located.
Commencing on January 1, 1997, and annually thereafter, both categories of
the Mitigation Fee shall be increased or decreased to reflect the change
in the 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 31st of the preceding year ( "annual indexing ") , but
in no event shall either category of Mitigation Fee be decreased below the
original dollar amount specified herein. Institutional uses shall pay on
the same basis as commercial and industrial uses, except that
institutional uses which are exempt from secured property taxes shall be
exempt from the fee. (SA -7)
The City of Moorpark, in their sole and unfettered discretion, may elect
not to collect the Mitigation Fee. In the event of such election,
Developers shall be responsible for all costs for traffic mitigation
measures TC12, TC13 (cost of signal installation or modification at State
Route 23 northbound ramps /Tierra Rejada Road only), TC14 (cost of signal
installation or modification at State Route 23 southbound ramps /Tierra
Rejada Road only) and TC17, as described in the SEIR. Prior to the
issuance of the first building permit within the boundaries of the Amended
Specific Plan, Developers shall make a written request of City that they
decide whether or not to make the election, and City shall notify
Developers of their decision within thirty (30) days after receipt of the
request. (SA -8)
The Mitigation Fee, if collected, may be expended by City in their sole
and unfettered discretion; provided, however, payment of the Mitigation
Fee represents payment in full of the "fair share" amounts required by
traffic mitigation measures TC12, TC13 (cost of signal installation or
modification at State Route 23 northbound ramps /Tierra Rejada Road only) ,
TC14 (cost of signal installation or modification at State Route 23
southbound ramps /Tierra Rejada Road only) and TC17. (SA -8)
Payment of the Mitigation Fee does not represent payment, in full or in
part, of certain traffic mitigation measures described in the SEIR that
will be installed by others but for which Developers are required to pay
"fair share" amounts to City. The "fair share" amounts shall be
determined by the following percentages applied to the actual costs of
Page 12 of 31
TRACT 4980 (C.T. Financial)
RESOLUTION NO. 96 -1230
said installations: TC7 (480), TC10 (34 %) and TC11 and TC13 (signal
modification at Spring Road /Los Angeles Avenue only) (500). (SA -8)
The remaining traffic mitigation measures described in the SEIR, to wit:
TC1, TC2, TC3, TC4 (100% of the improvements rather than the 63% provided
for in the SEIR) , TC5, TC8, TC13 (signal at Science Drive /New Los Angeles
Avenue only) and TC15 (signal at "A" Street / "B" Street only) shall be in-
stalled by Developers at their sole cost and expense, without off -set
against the AOC Fee or the Mitigation Fee. The second Tierra Rejada
westbound and eastbound lanes identified in the SEIR have been constructed
by City (the "Widening Project ") . Developers shall have no financial
obligation with respect to the Widening Project except as provided in the
Settlement Agreement; provided, however, Developer shall complete
frontage improvements on the north side of Tierra Rejada Road adjacent to
the property described in Exhibit B, including, but not limited to,
approximately eight (8) feet of paving, striping, curb and gutter,
sidewalk, drainage, parkway landscaping and signage, no later than the
issuance of the first occupancy permit within the boundaries of the
property described in Exhibit "B "of the Settlement Agreement. (SA -9)
41. Other fees are listed under the heading "City Engineer Department
Conditions."
CITY ENGINEERING CONDITIONS
PRIOR TO FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
GENERAL
42. Tract 4973 shall have been recorded and all infrastructure improvements,
required by the conditions of approval for that tract, shall be
completed.
43. All areas to be commonly maintained including Open Space Areas and all
parks, as determined by the City, shall be designated as separate lettered
lots (Parcel A, Parcel B, etc.) on final subdivision maps.
44. If desired by the applicant recorded phased final maps within Tentative
Tract Map 4980 shall be permitted.
Grading:
45. The applicant 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; shall enter into an
agreement with the City of Moorpark to complete the improvements; and
shall post sufficient surety guaranteeing completion.
46. Graded slopes, visible from off -site to the west shall be hydroseeded
immediately upon completion consistent with the landscape concept plan.
The City shall specify alternate deadlines for completion of all
hydroseeding based on the grading schedule. (EIR 2 -5, T1)
Page 13 of 31
TRACT 4980 (C.T. Financial) RESOLUTION NO. 96 -1230
47. 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. Along with these control
measures, hydroseeding and temporary irrigation, if needed, shall be
provided on all graded slopes within 30 days of completion of grading on
those slopes. (EIR 2 -7, HY1) Interim borrow sites shall be hydroseeded
within 30 of completion of grading unless an alternate schedule is
assigned by the Director of Community Development.
48. All on -site haul routes shall be approved by the City Engineer and clearly
marked on the grading plan. 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.
49. All off -site import /export operations, requiring an excess of 12 total
trucks loads, shall require Council approval prior to the issuance of a
grading permit.
50. The applicant shall submit to the City of Moorpark for review and
approval, detailed Soils and Geology Reports certified by a California
Registered Civil Engineer and Geologist. The geotechnical report shall
include an investigation with regard to liquefaction, expansive soils, and
seismic safety.
In addition, the soils report shall discuss the contents of the soils as
to the presence or absence of any hazardous waste or other contaminants in
the soils.
Note: Review of the soils and geology report by the City's consultant
will be required by the City Engineer. The applicant shall reimburse the
City for all costs including the City's administrative and overhead costs.
51. All recommendations included in the geotechnical and geology reports shall
be implemented during project design, grading, and construction in
accordance with the approved specific plan. The City Engineer shall
review all plans for conformance with the geologist's and soils engineer's
recommendations.
52. All exploratory trenches shall be identified on the grading plan. Specific
recommendations for the recompaction of these trenches shall be made as
part of the geotechnical engineers report.
53. All requests for staged grading must be submitted in writing to the City
Engineer for review and approval by the City Council.
In order to develop the SR /C /BP Planning Areas, dirt will have to be
exported from Tract 4980. Accordingly, it will be necessary to perform
substantially all of the rough grading in the north portion as part of the
first phase development of the commercial and business uses. Final
grading of Tract 4980 can be performed at the time the residential
development is performed. (SP -15 2.a.)
Page 14 of 31
TRACT 4980 (C.T. Financial)
RESOLUTION NO. 96 -1230
54. The subdivider shall indicate in writing to the City the disposition of
any water well(s) or any other well 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 per Ventura County
Ordinance No. 2372 and per Division of Oil and Gas requirements.
55. The maximum gradient for any slope shall not exceed a 2:1 slope
inclination except where special circumstances exist. In the case of
special circumstances where steeper slopes are warranted, 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. (SP- 12.d., EIR 2 -6 T6)
New slopes adjacent to roadways and development areas shall be graded in
such a way that a contoured appearance is provided. Contour grading of
all slopes shall be provided to the satisfaction of the Director of
Community Development and the City Engineer. (SP- 11.2.b.)
56. No grading activities shall take place within at least 100 feet along the
perimeter 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.
57. All graded slopes shall be planted or hydroseeded in a timely manner
meeting the approval of the Director of Community Development with
vegetation that will stabilize slopes and minimize erosion. Interim
borrow sites are to be hydroseeded within 30 days of completion of
grading, shall include temporary irrigation, as needed, and shall
minimize rectilinear form when possible.
Temporary irrigation, hydroseeding and erosion control measures 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 sixty days or the beginning of the rainy season whichever
comes first.
58. 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. (EIR 2 -6, T10, SP- 12.h.)
59. 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 slope
of less than ten (10) feet. (SP- 12.k.)
60. Grading on the perimeter of the site shall not be designed with perimeter
downslopes to property lines unless a homeowners' association, slope
Page 15 of 31
TRACT 4980 (C.T. Financial) RESOLUTION NO. 96 -1230
maintenance district, or similar entity is established for maintenance of
such downslopes. (SP- 12.1.)
61. Interior slopes between manufactured building pads shall be designed with
up -slope property lines. (SP- 13.m.)
62. All areas of impact to the coastal sage scrub shall be delineated on the
grading plan. All areas in which revegatation efforts will occur shall
also be identified and provisions to protect the revegatation area shall
be included within the grading plan as approved by the Director of
Community Development. (EIR 2 -9 B2)
63. Prior to the issuance of grading permits, the tree survey and mitigation
program shall be reviewed and approved by the Director of Community
Development. Preservation, transplanting and planting of oak trees shall
be considered.
The grading plans shall be prepared, utilizing the above information, and
shall depict the methods used during grading operations which minimizes,
to the extent possible, impacts or disruptions to said oak trees.
When it is determined which oak trees will be preserved, the following
guidelines shall apply. (SP- 28.5.)
i. Grading and /or the placement of structures shall be prohibited
within the dripline 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.
a. Design
i. 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.
ii. For the zone between the six foot radius from the tree trunk
and the drip line alternative pervious types of paving such as
gravel, redwood chips, porous brick with sand joints, etc.
shall be utilized.
iii. Retaining walls shall be used to protect existing grades
within the driplines of trees. However, these walls shall not
alter drainage from around trees.
iv. 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 dripline.
b. During Construction
Page 16 of 31
TRACT 4980 (C.T. Financial)
RESOLUTION NO. 96 -1230
i. Trees within a construction area shall be protected from
damage by equipment by installing temporary barriers such as
fencing at the dripline. b.l.)
ii. Equipment, debris, building materials and /or excess soil shall
not be stored within the dripline.
iii. Trenches for utilities or irrigation shall be routed around
the dripline 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
driplines of trees where possible.
64. So as to reduce debris from entering sidewalk and streets, the approved
grading plan shall show a slough wall, 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
developer 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.
Provisions shall be made in the CC &R's for the maintenance of the slough
walls. The slough walls shall be maintained by the same entity
responsible for maintaining the adjacent slope.
STORM RUN -OFF
65. The storm drain system will be designed to accommodate 50 -year storm
flows.
66. The applicant 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.
The plans shall depict all on -site and off -site drainage structures
required by the City. (EIR 2 -7, HY2)
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
Page 17 of 31
TRACT 4980 (C.T. Financial)
RESOLUTION NO. 96 -1230
courses. Hydrology shall be per the current Ventura County
Standards except as follows:
b. All storm drains shall carry a 50 -year frequency storm; (SP -13)
C. All catch basins shall carry a 50 -year storm; (SP -13)
d. All catch basins in a sump condition shall be sized such that depth
of water at intake shall equal the depth of the approach flows;
e. All culverts shall carry a 100 -year frequency storm;
f. Drainage facilities shall be provided such that surface flows are
intercepted and contained prior to entering collector or secondary
roadways;
g. Under a 50 -year frequency storm, all residential streets shall be
provided with a minimum of one travel lane with a goal that local,
residential and private streets shall have one dry travel lane
available on interior residential streets. Collector streets shall
provide a minimum of one dry travel lane in each direction;
h. 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 subdivider;
i. All drainage grates shall be designed and constructed with
provisions to provide adequate bicycle safety to the satisfaction of
the City Engineer;
j. If the land to be occupied is in an area of special flood hazard,
the subdivider shall notify all potential buyers in writing of this
hazard condition. The grading plan shall also show contours
indicating the 50, 100 & 500 year flood levels.
k. All flows from brow ditches, ribbon gutters and similar devices
shall be deposited into the storm drain system prior to entering
streets. If necessary, the storm drain shall be extended beyond the
public right -of -way through easements to eliminate surface flow
between parcels. Both storm drain and easements outside the right -
of -way are to be maintained by the Property - Owners' Association.
1. 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. (EIR 2 -6, T12, SP- 12.j.)
M. Drainage for the development shall be designed and installed with
all necessary appurtenances to safely contain and convey storm flows
to their final point of discharge, subject to review and approval of
the City Engineer.
Page 18 of 31
TRACT 4980 (C.T. Financial) RESOLUTION NO. 96 -1230
n. This hydraulic /hydrology study shall analyze the hydraulic capacity
of the existing drainage system with and without the storm drain
system for the proposed development. The applicant shall make any
downstream improvements, required by the City or Ventura County
Flood Control, to support the proposed development of Tract 4980.
67. The applicant shall demonstrate for each building pad, to the satisfaction
of the City Engineer, as follows:
a. Adequate protection from a 100 -year frequency storm; and
b. Feasible access during a 50 -year frequency storm.
C. Hydrology calculations shall be per current Ventura County
Standards.
68. 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 new 50, 100, and 500 year 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. A conditional letter of map revision (if required by FEMA) shall be
provided to the City prior to zone clearance. The applicant will be
responsible for all costs charged by the FEMA and the City's
administrative costs.
69. All structures proposed within the 100 -year flood zone shall be elevated
at least one foot above the 100 -year flood level. (EIR 2 -8, HY6)
70. The applicant shall provide for all necessary on -site and off -site storm
drain facilities required by the City to accommodate upstream and on -site
flows. Facilities, as conceptually approved in the Specific Plan and
approved by the City, shall be delineated on the final drainage plans.
Either on -site retention basins or storm water acceptance deeds from off -
site property owners must be specified. Where applicable these facilities
must also be acceptable to the Ventura County Public Works Agency. (EIR 2-
7 , HY3 )
71. 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 &R's shall be submitted for review and approval and shall include
provisions for the Homeowner's Association or maintenance district to
maintain any private storm drainage systems.
Page 19 of 31
TRACT 4980 (C.T. Financial) RESOLUTION NO. 96 -1230
STREET IMPROVEMENTS
72. The applicant shall submit to the City of Moorpark for review and
approval, street improvement plans prepared by a Registered Civil
Engineer; shall enter into an agreement with the City of Moorpark to
complete the improvements; and shall post sufficient surety guaranteeing
the construction of the improvements. Street improvements and median and
parkway landscaping shall not be accepted by the City for maintenance
until completion of all units in the tract, unless determined otherwise by
the City Council.
The street improvements shall include concrete curb and gutter, sidewalk,
median(s), street lights, traffic signals, striping and signing, interim
striping and traffic control, paving, and any necessary transitions to the
satisfaction of the City Engineer. All driveway locations shall be
approved by the City Engineer and the Director of Community Development.
The subdivider shall dedicate the necessary right -of -way to make all of
the required improvements.
The applicable Ventura County Road Standard Plates are as follows and have
been modified to conform to the cross sections shown on Exhibit 9 of the
Carlsberg Specific Plan dated 9 -7 -94 or as otherwise provided in the
Settlement Agreement of the same date. (In the case of any conflicts, the
Settlement Agreement shall take precedence over the design and timing for
construction of all improvements and or payments for improvements.)
New Los Angeles Avenue
a. New Los Angeles Avenue shall be per Ventura County Standard Plate B-
2A with right -of -way modified per cross section "G" of Exhibit 9 of
the Carlsberg Specific Plan (revised 9 -7 -94) (See exhibit 9, Plate
G)
b. The final location of the sidewalk will be as shown on the Approved
Landscape Plan. Approval of the landscape plan shall be required
prior to or concurrent with approval of the grading plan for Tract
4980. (SP -26.d)
C. Should the sidewalk location be altered from the location shown on
the approved Tentative Map, the grading within the street
improvement area shall be revised and the final elevations shall be
approved by the Director of Community Development.
73. Prior to issuance of the first zone clearance for occupancy of the first
building located within Tract 4980 or any subsequent map, the developer
shall widen, to six lanes, New Los Angeles Avenue from, but not including,
the Arroyo Simi -New Los Angeles bridge east to the 23 Freeway.
Page 20 of 31
TRACT 4980 (C.T. Financial) RESOLUTION NO. 96 -1230
Spring Road
74. Spring Road north of Peach Hill Road shall be per Ventura County Standard
Plate B -2B with a modified 94 foot right -of -way per cross section "A -1" of
Exhibit 9 of the Carlsberg Specific Plan (revised 9- 7 -94).
75. Prior to the issuance of the first zone clearance for occupancy of the
first building located within Tract 4980, the 94 foot right -of -way for
Spring Road, adjacent to Simi - Moorpark Freeway Properties west property
boundary which extends from APN 500 -0- 350 -29 to the Arroyo Simi bridge,
will be offered for dedication to the City. Prior to the issuance of the
zone clearance for occupancy of the 70th residential unit in Tract 4980,
eastside Spring Road frontage improvements adjacent to the Simi - Moorpark
Freeway's property will be completed. (SP -15.b par. 2)
The sidewalk on the east side of Spring Road north of Peach Hill Road
shall be built adjacent to the curb.
Science Drive
76. Science Drive shall be designed from New Los Angeles Avenue to 600 feet
south of the intersection of New Los Angeles Avenue and shall be per
Ventura County Standard Plate B -2A modified with a 108 ft. right of way
per cross section "B" of Exhibit 9 of the Carlsberg Specific Plan,
(revised 9- 7 -94). (a)
The final location of the sidewalk will be as shown on the Approved
Landscape Plan. Approval of the landscape plan shall be required prior to
or concurrent with approval of the grading plan for Tract 4980. (SP -26.e)
a. Should the sidewalk location be altered from the location shown on
the approved Tentative Map, the grading within the street
improvement area shall be revised and the final elevations shall be
approved by the Director of Community Development.
77. Science Drive from 600 feet south of New Los Angeles Avenue to Peach Hill
Road shall be designed per Ventura County Plate B -2B modified with a 104
foot Right of Way per cross section "B -111, Exhibit 9 of the Carlsberg
Specific Plan, (revised 9- 7 -94).
a. Science Drive is to be extended from 600 feet south of Los Angeles
Avenue to Peach Hill Road and intersection improvements including
signalization at Peach Hill Road, are to be completed prior to zone
clearance for occupancy of the 1st residential unit in Tract 4980
(TC3) .
b. The developer shall also install a traffic signal at the Science
Drive / "B" Street intersection at this time. (SA -7 par 2, TC15, SP-
16 par. 1, EIR 2 -13 TC15).
Page 21 of 31
TRACT 4980 (C.T. Financial) RESOLUTION NO. 96 -1230
78. Left turn storage lanes are required at all intersections along Science
Drive as shown on the Amended Specific Plan. No other median breaks are
allowed.
79. The City will consider a request for the acceptance of Science Drive upon
the following: a) completion and approval of all Science Drive street
improvements; b) recordation of all final maps; c) completion of all
phases of work; and d) the occupancy of at least seventy -five percent
(75 %) of the lots. The developer may request and the City may accept only
that portion of Science Drive situated north or south of Peach Hill Road,
provided all of the above criteria is met with respect to that portion of
the Carlsberg development located adjacent to said segment of Science
Drive.
80. Prior to the issuance of the first zone clearance for occupancy of the
first building within Tract 4980 the developer shall construct (I) the
southbound leg of the intersection at Science Drive and New Los Angeles
Avenue; including westbound left -turn lane, eastbound right -turn lane,
shared southbound through lane /southbound right -turn lane, northbound
left -turn lane, second northbound left -turn lane, northbound right -turn
lane, shared northbound through lane /northbound right -turn lane (TC2) and
traffic signal modification to provide eastbound right -turn overlap with
the northbound left -turn movement (EIR 2 -10, TC2) at New Los Angeles
Avenue and the proposed southern extension of Science Drive (TC2 and TC13)
and (ii) Science Drive to its four lane configuration from New Los
Angeles Avenue to 600 feet south and including the "B" Street intersection
(TC1, TC5, SP -15.b. par. 1)
81. All driveways shall be located on lots such that no portion of the
driveways shall be closer than 65 feet to the closest beginning of curve
radius for the intersection with Science Drive (This may require shifting
of some lots or lot lines). Easements and landscaping shall also be
provided at the intersection with Science Drive to enhance the tract
entries, subject to the approval of the Director of Community Development.
Other:
82. The applicant shall include bus stop turnouts in the final street
improvement plans if required by the Director of Community Development.
(EIR 2 -16, A8)
The final location of the bus turnout and facilities shall be approved by
the Director of Community Development.
83. The developer 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.
The developer's 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.
Page 22 of 31
TRACT 4980 (C.T. Financial)
RESOLUTION NO. 96 -1230
84. Street lights shall be provided per Ventura County Standards and as
approved by the City Engineer. The subdivider shall pay all energy costs
associated with street lighting for a period of one year from the
acceptance of the street improvements.
85. The subdivider shall provide slope easements for road maintenance purposes
only along all roads where the top of cut plus 5 feet or the toe of fill
plus 5 feet is beyond the dedicated right of way. Said slope easements
shall include the area covered by the cut slope plus 5 feet and fill slope
plus 5 feet.
it
86. The final map shall indicate the location of all trail easements. The
minimum widths of said easements shall be a minimum of 12 feet wide. The
trail easements shall be offered for dedication to the City of Moorpark.
Prior to recordation, the subdivider shall bond for construction of the
proposed trails at 150% of the estimated cost of the improvements. Once
the trails have been built and accepted as complete by the City, the
Developer shall maintain the trails for a one (1) year period and bonds
shall remain in effect for a minimum of two (2) years. The owners'
association, maintenance district, or similar entity shall be responsible
for maintaining the trails upon completion of the aforementioned one (1)
year maintenance period. Trails shall be approved by the City Council and
shown on the final map prior to recordation. The developer shall enter
into an agreement with the City to assure the maintenance responsibilities
are conferred to one of the entities described within this condition.
87. The developer shall submit a trails plan concurrent with the grading plan.
The plan shall provide for all trails to be completed with the appropriate
grading and landscaping for the construction phase.
The approximate length and location of the trails consistent with Exhibit
8 of the Amended Specific Plan, shall be constructed in native soil with
approximately a three foot width rather than decomposed granite. The
width and construction standards of the trails shall be modified from that
as shown in the Amended Specific Plan. The precise location, size and
type of construction of the trails shall be subject to the review and
approval of the Director of Community Development.
88. The developer shall provide that the site /grading and improvement plans
assure pedestrian and bikeway access between all bus stops and bicycle
paths, respectively; and adequate on -site development of such. (EIR 2 -16,
A9)
89. Moorpark Ave. /Los Angeles Avenue Intersection Improvements: Prior to
issuance of the first Zone Clearance for occupancy within Tract 4980 the
applicant shall pay a fair share of the costs to convert the shared
southbound left -turn lane /southbound through lane /southbound right -turn
lane to a second southbound left -turn lane and convert southbound right -
turn lane to shared southbound through lane /southbound right -turn lane
(project share 34 percent). (EIR 2 -12, TC10, SP -17, SA -8)
Page 23 of 31
TRACT 4980 (C.T. Financial) RESOLUTION NO. 96 -1230
90. Spring Road /Los Angeles Avenue: Prior to issuance of the first zone
clearance for occupancy within Tract the applicant shall pay a fair share
of the intersection modification costs to add a third eastbound and
westbound lane, remove second eastbound left -turn lane; and modify signal
to provide a southbound right -turn overlap with the eastbound left -turn
movement and westbound right -turn overlap with the south -bound left -turn
movement, including any signal modification costs. (project share 50
percent). (EIR 2 -13, TC11, SP -17, SA -8)
91. Prior to the issuance of the first building permit for residential use
within Tract 4980, the applicant shall pay the City the Tierra
Rejada /Spring Road Area of Contribution Fee (the "AOC Fee ") . The AOC Fee
shall be the dollar amount in effect at the time of the payment of the
fee.
Payment of the AOC Fee shall represent payment in full of the "fair share"
amounts required by traffic mitigation measures TC6, TC9, TC13 (cost of
signal installation or modification at Spring Road /Tierra Rejada Road
only), TC14 and TC16 (cost of signal installation at Moorpark Road /Tierra
Rejada Road only) and TC15 (cost of signal installation at "A"
Street /Tierra Rejada Road only), as described in the SEIR. (SA -6,7)
92. Where roads are to be built requiring 4 or more inches of pavement,
subdivider shall construct the required street section minus 1 -1/2 inches
of paving as an interim condition until all utility cuts or trenching is
completed and the City Engineer grants approval to accomplish this task.
In areas of longitudinal trenching, paving fabric shall be used to
prevent reflective cracking.
93. Any right -of -way acquisition necessary to complete the required
improvements will be acquired by the subdivider at his expense.
94. Publicly dedicated streets shall conform to the design requirements of the
Ventura County Road Standards (most recent revision) except as provided in
the Amended Specific Plan and as follows:
a. Sidewalks to be a minimum of five feet wide at all points.
b. New Parkways shall maintain a minimum crossfall of 2% toward the
street for a minimum distance of 10 feet from the curb face.
95. The applicant shall submit wall and landscaping plans and a copy of the
CC &R's showing that provisions have been taken to provide for and maintain
proper sight distances.
96. Special tract entry landscaping, , shall be approved by the Director of
Public Works and Director of Community Development. (SP -24 4. par. 3)
97. The subdivider shall post sufficient surety guaranteeing completion of all
improvements which revert to the City (i.e., grading, street improvement,
signalization, storm drain improvements, sewer improvements, landscaping,
parks, fencing, bridges, etc.) or which require removal (i.e., model
Page 24 of 31
TRACT 4980 (C.T. Financial)
RESOLUTION NO. 96 -1230
homes, temporary debris basin, etc.) in a form acceptable to the City.
The surety agreement shall also include provisions for all off -site
improvements along the entire frontage of Tract 4980 and other offsite
improvements which require mitigation as described herein.
98. The applicant shall demonstrate legal access to all parcels to the
satisfaction of the City Engineer.
UTILITIES
99. Utilities, facilities and services for Tract 4980 will be extended and /or
constructed in conjunction with its phased development by the master
developer as the project proceeds.
a. Water & Sewer
The developer will be responsible for the construction of all onsite
and offsite sanitary sewer facilities to serve the project. The
developer shall enter into an agreement with V.C.W.W. Dist. No. 1
to construct the improvements and the system will be dedicated to
V.C.W.W. Dist. No. 1 for maintenance. (SP -13)
b. Prior to recordation of a final map, the City, Calleguas Municipal
Water District and Ventura County 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 Ventura
County Waterworks District No. 1 stating when and how facilities
will be funded and constructed. The system will be designed and
constructed to meet the requirements of the proposed land uses and
applicable City, Calleguas and V.C.W.W. District No. 1 standards.
(SP -13)
other Utilities:
C. Provisions for electrical, natural gas, telephone and solid waste
collection services and cable television to Tract 4980 will be made
prior to development of the project area. All services can be
extended by each respective company to meet future demands of the
tract. Natural gas service will be provided by Southern California
Gas. Electric service will be provided by Southern California
Edison. Telephone service will be provided by Pacific Bell. Solid
waste collection will be provided by private companies as regulated
by the City. These services will be phased in conjunction with
development of the project area. (SP -14)
OTHER
100. 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
Page 25 of 31
TRACT 4980 (C.T. Financial)
RESOLUTION NO. 96 -1230
filing of the final or parcel map for approval pursuant to Governmental
Code Section 66457.
a. Notify the City of Moorpark (hereinafter "City ") in writing that the
applicant wishes the City to acquire an interest in the land which
is sufficient for the purposes as provided in Governmental 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 fair market value of the interest to be
acquired, and (iv) a current Litigation Guarantee Report.
C. Enter into an agreement with the City, guaranteed by such cash
deposits or other security as the City may require, pursuant to
which the applicant will pay all of the City's cost (including,
without limitation, attorney's fees and overhead expenses) of
acquiring such an interest in the land.
101. The subdivider shall pay all County fees related to Computer -aided Mapping
System (CAMS).
102. The subdivider shall offer to dedicate to the City of Moorpark public
service easements as required by the City.
103. The subdivider shall offer to dedicate to the City of Moorpark, public
use, all right -of -way for public streets.
104. The subdivider shall dedicate to the City of Moorpark the access rights
adjacent to Spring Road, and Science Drive except for access locations
approved by the Amended Specific Plan or subsequent City Council action.
105. That prior to submittal of the Final Map, 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.
106. Prior to occupancy, the applicant shall request the City to enforce
appropriate vehicle codes on subject property as permitted by Vehicle Code
Section 21107.7.
Page 26 of 31
TRACT 4980 (C.T. Financial)
RESOLUTION NO. 96 -1230
DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLY:
107. 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. (EIR 2 -8, HY3 & 4)
108. 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.
109. Work conducted during the school year shall be coordinated with the
Moorpark Unified School District and the City Engineer.
No construction, detours or obstructions shall be allowed on Peach Hill
Road, Science Drive or Spring Road during the regular school year between
the hours of 8:00 -9:00 A.M. and 3:00 -4:00 P.M.
110. All trucks importing or exporting fill to or from the Tract shall use
tarpaulins to cover the load and shall operate between the hours of 9 a.m.
to 5 p.m. on weekdays only. As an option the haul material may be watered
in lieu of covering. (If approved by the City Engineer)
111. All unimproved areas with vehicle traffic shall be watered periodically
and the vehicle speed shall be limited to 15 mph.
112. During site preparation and construction, minimize disturbance of natural
groundcover on the project site until such activity is required for
grading and construction purposes.
113. During clearing, grading, earth moving or excavation operations, dust
emissions should be controlled by regular watering (if feasible water from
the Arroyo shall be used), paving construction roads and other dust pre-
vention measures. The applicant shall submit a dust control plan,
acceptable to the city, concurrently with submittal of the mass (as
opposed to the precise) grading plan. This plan shall include, but is not
be limited to the following measures (EIR 2 -14, Al):
a. Water all site access roads and material excavated or graded on- or
off -site to prevent excessive amounts of dust. Watering shall occur
at least two times daily, preferably in the late morning and after
the completion of work for the day.
b. 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 APCD meteorologist for
current information about average wind speeds.
C. Water or securely cover all material transported off -site and on-
site to prevent excessive amounts of dust.
Page 27 of 31
TRACT 4980 (C.T. Financial)
RESOLUTION NO. 96 -1230
d. Minimize the area disturbed at any one time by clearing, grading,
earth moving and excavation so as to prevent excessive amounts of
dust.
e. Keep all grading and construction equipment on or near the site,
until these activities are completed.
f. Wash off heavy -duty construction vehicles before they leave the
site.
g. Apply nonhazardous chemical stabilizers to all inactive portions of
the construction site. Seed exposed inactive surfaces with a fast -
growing, soil- binding plant to reduce wind erosion and its contri-
bution to local particulate levels.
h. Observe a 15 mile per hour speed limit for the construction area.
i. Periodically sweep public streets in the vicinity of the site to
remove silt (i.e., fine earth material transported from the site by
wind, vehicular activities, water runoff, etc.) which may have
accumulated from construction activities.
114. The developer shall request that all employees involved in grading opera-
tions on the project wear face masks during dry periods. (EIR 2 -15, (A3)
115. Maintain equipment engines in good condition and in proper tune as per
manufacturers' specifications to prevent excessive emissions. (EIR 2 -16,
A4)
116. All diesel engines used in construction equipments should use high
pressure injectors. (EIR 2 -16, A5)
117. All diesel engines used in construction equipments should use reformulated
diesel fuel. (EIR 2 -16, A6)
118. 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. (EIR 2 -16, A2)
119. During site preparation and construction, construct temporary storm water
diversion structures per City of Moorpark standards.
120. Construction activities shall be limited to weekdays between the hours of
7:00 A.M. and 7:00 P.M. and Saturdays from 9:00 A.M. to 5:00 P.M.
Construction inspection ourtside regular City working hours may require a
premium be paid for overtime of City inspectors. No construction
activities shall occur on Sundays. (EIR 2 -19, N1)
Page 28 of 31
TRACT 4980 (C.T. Financial)
RESOLUTION NO. 96 -1230
121. Truck noise from hauling operations shall be minimized through establish-
ing hauling routes which avoid residential areas. The hauling plan must
be identified as part of the grading plan and approved by the City
Engineer. (EIR 2 -19, N2)
122. The developer shall provide staging areas on -site to minimize off -site
transportation of heavy construction equipment. Locate these areas to
maximize the distance between activity and residential areas. (EIR 2 -19,
N3)
123. The developer shall ensure that construction equipment is fitted with
modern sound - reduction equipment. (EIR 2 -19, NO
124. 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.
125. The subdivider shall utilize all prudent and reasonable measures
(including a 6 foot high chain link fence around the construction sites of
buildings and structures, or as determined by the City Engineer) to
prevent unauthorized persons from entering the work site at any time and
to protect the public from accidents and injury or provide on -site
security personnel.
126. Reproducible centerline tie sheets shall be submitted to the City
Engineer's office.
127. The applicant 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.
128. A copy of the recorded Map(s) shall be forwarded to the City Engineer for
filing.
129. Sufficient surety in a form acceptable to the City guaranteeing the public
improvements pertinent to each phase shall be provided.
All surety guaranteeing the public improvements shall remain in place for
one year following acceptance 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 of 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.
Page 29 of 31
TRACT 4980 (C.T. Financial) RESOLUTION NO. 96 -1230
130. 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 on sheets larger than 22" X 3611, they must be resubmitted as
"as builts" in. series of 22" X 36" mylars (made with proper overlaps)
with a title block on each sheet. Submission of "as builts" plans is
required before a final inspection will be scheduled.
131. Prior to combustible construction, all weather access road /driveway,
suitable for use by a 20 ton Fire District vehicle shall be installed.
This improvement, or provisions to guarantee its installation, shall be
completed prior to recordation.
132. All driveways shall have a minimum vertical clearance of 13 feet 6 inches
(13' 6") .
133. Approved turnaround areas or easements for fire apparatus shall be
provided where the access road is 150 feet or farther from the main
thoroughfare.
134. Two (2) means of ingress /egress shall be provided to the development in
accordance with Fire District Private Road Guidelines.
135. The access road shall be of sufficient width to allow for a 40 foot
turning radius at all sharp turns in the road.
136. The private road(s) shall be named if serving more than two (2) parcels or
is longer than 299 feet. Prior to recordation of street names, proposed
names shall be submitted to the Fire District's Communications Center for
review.
137. 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.
138. Prior to recordation, the applicant shall provide the Fire District
verification from the water purveyor that the purveyor can provide the
required fire flow for the project.
139. Applicant shall obtain VCFD Form No. 126 "Requirements For Construction"
prior to obtaining a building permit for any new structures or additions
to existing structures.
140. Prior to combustible construction, where required by the Fire District,
there shall be two ingress /egress points for each lot. The location and
construction of these ingress /egress points shall be approved by the Fire
Department and City. Science Drive from New Los Angeles Avenue to Peach
Hill Road shall be constructed prior to combustible construction.
Page 30 of 31
TRACT 4980 (C.T. Financial)
RESOLUTION NO. 96 -1230
141. All water mains and applicable hydrants shall be installed prior to
combustible construction. Fire Flow requirements shall be calculated for
each project individually.
142. 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.
GENERAL REQUIREMENT:
143. Applicant for service shall comply with the Ventura County Waterworks
District No. 1 "Rules and Regulations" including all provisions of or
relating to the existing Industrial Waste Discharge Requirements and
subsequent additions or revisions thereto. Ultra low plumbing fixtures
are required in all new construction.
Prior to approval of the first phase of the Final Map, the developer shall
work with Waterworks District No. 1 to ensure that any water tank on the
project site shall be painted an earthtone color, such as tan, and
screened with an earthen berm and drought tolerant landscaping to minimize
visual impacts. The tank color and landscaping plan shall be approved by
the Director of Community Development prior to installation. An
irrigation system shall be established for the landscaping; however,
irrigation can be discontinued after landscaping has become established
and irrigation water is no longer required, upon written approval of the
Director of Community Development.
Page 31 of 31
MOORPARK
799 Moorpark Avenue Moorpark, California 93021 X805) 529 -6864
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Lillian E. Hare, City Clerk of the City of Moorpark,
California, do hereby certify under penalty of perjury that
the foregoing Resolution No. 96 -1230 was adopted by the
City Council of the City of Moorpark at a meeting held on
the 2nd day of OCTOBER , 1996, and that
the same was adopted by the following vote:
AYES: COUNCILMEMBERS BROWN, PEREZ, AND MAYOR PRO TEM WOZNIAK
NOES: NONE
ABSENT: COUNCILMEMBER HUNTER AND MAYOR LAWRASON
ABSTAIN: NONE
WITNESS my hand and the official seal of said City
this 4th day of OCTOBER , 1996.
'bTflia'n--E. Hare
City Clerk
PAUL W. LAWRASON JR. JOHN E. WOZNIAK ELOISE BROWN PATRICK HUNTER BERNARDO M. PEREZ
Mayor Mayor Pro Tem Councilmember Councilmember Councilmember