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HomeMy WebLinkAboutRES CC 2000 1714 2000 0315RESOLUTION NO. 2000 -1714 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 5147 ON THE APPLICATION OF A -B PROPERTIES FOR A SUBDIVISION OF A 34.53 ACRE SITE INTO 17 INDUSTRIAL LOTS LOCATED APPROXIMATELY 1,300 FEET WEST OF GABBERT ROAD, NORTH OF THE UNION PACIFIC RAILROAD RIGHT -OF -WAY WHEREAS, at a duly noticed public hearing on March 15, 2000, 2000, the City Council held a public hearing for consideration of approval of Tentative Tract Map No. 5147 on the application of A- B Properties for a subdivision of a 34.53 acre site into seventeen (17) industrial lots located approximately 1,300 feet west of Gabbert Road, north of the Union Pacific Railroad right - of -way (Assessor Parcel No. 500- 34 -22); and WHEREAS, at its meeting of March 15, 2000, the City Council opened the public hearing, took testimony from all those wishing to testify, and closed the public hearing; and WHEREAS, pursuant to California State law, an evaluation has been conducted to determine if the proposed project will have a significant effect on the environment, and based upon the Initial Study and analysis of available information, it was found that there is substantial evidence that the significant effects of the proposed project on the environment can be mitigated to a level of insignificance with the adoption of mitigation measures; therefore a Mitigated Negative Declaration has been prepared in compliance with the State of California Environmental Quality Act Guidelines; and WHEREAS, the City Council, after review and consideration of the information contained in the City Council staff report, and testimony, has made a decision in this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby find that the aforementioned project is consistent with the City's General Plan. SECTION 2. Based on the information and findings presented in the staff report and accompanying documents and public testimony, the City Council has determined that based upon an Initial Study and analysis of available information, it was found Resolution No. 2000 -1714 Tentative Tract Map No. 5147 Page 2 that there is substantial evidence that the significant effects of the proposed project on the environment can be mitigated to a level of insignificance with the adoption of mitigation measures; therefore, a Mitigated Negative Declaration has been prepared in compliance with the State of California Environmental Quality Act Guidelines. SECTION 3. That the City Council adopts the following findings: C.E.Q.A. Findinqs 1. That the Mitigated Negative Declaration/ Initial Study for the project is complete and has been prepared in compliance with the California Environmental Quality Act (CEQA; and CEQA Guidelines, and City policy. 2. The contents in the Mitigated Negative Declaration/ Initial Study have been considered in the various decisions on these projects. 3. In order to reduce the potential adverse impacts of this project, mitigation measures discussed in the environmental. document have been incorporated into the proposed project. 4. A Mitigation Reporting and Monitoring Program has been prepared in compliance with Assembly Bill 3180 and considered in the various decisions regarding these projects. Subdivision Map Act Findings Based on the information set forth above, it is determined that the Tentative Tract Map, with imposition of the attached conditions, meets the requirements of California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that: 1. The proposed map is consistent with the applicable General and Specific Plans. 2. That the design and improvements of the proposed subdivision is consistent with the applicable General and Specific Plans. 3. The site is physically suitable for the type of development proposed. Resolution No. 2000 -1714 Tentative Tract Map No. 5147 Page 3 4. The site is physically suitable for the proposed density of development. 5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage. 6. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. 7. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision. 8. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seq. 9. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, 'lake, or reservoir. SECTION 4. That the City Council approves Tentative Tract Map No. 51_47 subject to the attached Conditions of Approval. SECTION 5. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 15th day of March, 2000. ATTEST: 'DD_z.,,,� S. i Deborah S. Traffenste , City Clerk ATTACHMENT: EXHIBIT A - Conditions of Approval Resolution No. 2000 -1714 Tentative Tract Map No. 5147 Page 4 EXHIBIT A CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 5147 COMMUNITY DEVELOPMENT DEPARTMENT: GENERAL REQUIREMENTS CDC -1. Application of City Ordinances/ Policies The conditions of approval of this Tentative Tract Map and all provisions of the Subdivision Map Act, City Ordinance and adopted City policies supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map. CDD -2. Acceptance of Conditions Recordation of this subdivision shall be deemed to be acceptance by the subdivider and his heirs, assigns, and successors of the conditions of this Map. A notation which references conditions of approval including reference to the Development Agreement shall be included on the Final Map in a format acceptable to the Director of Community Development. CDD -3. Expiration of Map This Tentative Tract Map or any portion thereof, shall expire eight (8) years from the date of its approval or conditional approval or upon the expiration or earlier termination of the Development Agreement approved for this property. No extensions for map recordation may be granted as limited by Section 5.4 of the Development Agreement. CDD -4. Image Conversion Prior to recordation, the builder shall provide to the City an image conversion of plans (as determined by the Department of Community Development) into an optical format acceptable to the City Clerk. CDD -5. Hold Harmless The subdivider shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning Resolution No. 2000 -1714 Tentative Tract Map No. 5147 Page 5 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 regardless of whether a final map cr parcel map is ultimately recorded with respect to the subdivision. CDD -6. Title Report The subdivider shall submit to the Department of Community Development and the City Engineer for review a current title report which clearly identifies all interested parties and lenders included within the limits of the subdivision as well as any easements that affect the subdivision. CDD -7. Calleguas Release Prior to approval of a Final Map, the subdivider shall demonstrate by possession of a District Release from the Calleguas Municipal Water District that arrangements for payment of the Construction Charge applicable to the proposed subdivision have been made. The subdivider shall_ comply with Ventura County Waterworks Rules and Regulations, including payment of all applicable fees. CDD -8. Unconditional Availability Letter Prior to approval of a Final Map, an unconditional availability letter shall be obtained from the County Waterworks District No. 1 for sewer and water service for each lot. Said Resolution No. 2000 -1714 Tentative Tract Map No. 5147 Page 6 letter shall be filed with the Department of Community Development or, if said Unconditional Availability Letter in a form satisfactory to the City cannot be obtained from the County Waterworks District No. 1, the developer shall execute a Subdivision Sewer Agreement in a form satisfactory to the City. Said agreement shall permit deferral of unconditional guarantee for sewer and water service until issuance of a building permit for each lot in the subdivision. Said agreement shall include language holding the City harmless against damages in the event of the ultimate lack of adequate water or sewer service. CDD -9. Cross Connection Control Devices At the time water service connection is made, cross connection control devices shall be installed on the water system in a manner approved by the County Waterworks District No. 1. CDD -10. Computer Aided Mapping System The Map shall be submitted in accordance with County Ordinance No. 3982 entitled "An Ordinance of the Ventura County Board of Supervisors Requiring New Subdivision Records to be Included in the County's Computer -Aided Mapping System and Establishing Related Fees" CDD -11. Case Processing Costs Prior to recordation of the Final Tract Map, the applicant shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees. In addition, the Applicant shall be required to pay a Condition Compliance deposit pursuant to the requirements of the most recently adopted Resolution Establishing Schedule of Land Development Preliminary Processing Fee Deposits. CDD -12. Conservation Easement Prior to recordation of the map, the Developer shall grant, in a form acceptable to the City, a Conservation Easement to retain that portion of the property west of, and including the Gabbert Canyon drain in a predominantly open space condition consistent with Civil Code Section 815 et seq., except for the following purposes: temporary construct-ion (including temporary pumping needed for dewatering as part of any grading operations for the Property), landscape maintenance of any manufactured slope areas, Resolution No. 2000 -1714 Tentative Tract Map No. 5147 Page 7 vegetation clearance within two hundred (200) feet of any structure for fire hazard reduction, revegetation and biological habitat enhancement required by the City consistent with any mitigation Monitoring Program, drainage conveyance, emergency access or extension of the 118 Arterial. No excavation, drilling extraction, pumping (excluding such pumping as may be needed for dewatering as part of approved grading operations), mining, or similar activity shall be allowed in any portion of the property zoned Open Space. The limitations and exclusions described in this subsection shall be included in the conservation easement. The subsurface mineral resources from drilling off the Property so long as the drilling apparatus and the equipment are screened from view from all points within the City. Further, if the drilling site is not within the City, Developer agrees that before processed with any drilling it shall secure a use permit from the City which may include conditions ordinarily placed upon drilling operations. Further, noise impacts from the drilling shall meet the same standards as placed on Industrial Planned Development Permits and there shall be no visible evidence or impacts on the ground surface of the Property (DA 6.17). The conservation easement shall be recorded concurrently with the final map. Reference to the conservation easement shall be placed on the Map. CSC -13. Fish and Game Requirement Within two days after the City Council adoption of a resolution approving this Tract Map, the Applicant shall submit to the City a check for a single fee of $1,250 plus a $ 25.00 filing fee payable to the County of Ventura, to comply with Assembly Bill 3158, for the management and protection of Statewide Fish and Wildlife Trust Resources. Pursuant to Public Resources Code Section 21089; and (b)Fish and Game Code Section 711.4; (c) the project is not operative, vested or final until the filing fees are paid. CDD -14. Submittal of Landscape Plans Prior to approval of the Final Map, a complete landscape and wall plan for the areas along the 118 Arterial Bypass and North South Resolution No. 2000 -1714 Tentative Tract Map No. 5147 Page 8 Arterial Connecting Street (3 sets), together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect in accordance with the Ventura County Guide to Landscape Plans, and shall be submitted to the Director of Community Development for review and approval. The plans shall be approved prior to approval of the Final Map, and appropriate surety posted as part of the subdivision improvement agreement. This wall and landscaping shall be installed with the first phase of public street improvements installed for this subdivision. The landscape /wall plan shall also include planting and irrigation specifications for manufactured slopes over three (3) feet in height. The Applicant shall bear the cost of the landscape plan review, installation of the landscaping and irrigation system, and of final landscape inspection. The landscaping and planting plan submitted for review and approval shall be accompanied by a deposit as specified by the City. Additional funds may subsequently need to be deposited to cover all landscape plan check and inspection fees. All landscaped areas shall have an irrigation system. The City's landscape architect shall certify in writing that the landscape and irrigation system was installed in accordance with the approved Landscape and Irrigation Plans. The final landscape plans shall include landscaping specifications, planting details, and design specifications consistent with the following requirements: A. The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths within the project limits. B. All plant species utilized shall be drought tolerant, low water using variety. C. Landscaping at site entrances and exits and any intersection within the parking lot shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. Resolution No. 2000 -1714 - entative Tract Map No. 5147 Page 9 D. Landscaping shall be designed to not obstruct the view of any exterior door or window from the street. E. Landscaping (trees) shall not be placed directly under any overhead lighting, which could cause a loss of light at ground level. F. Backflow preventers, transformers, or other exposed above ground utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and /or a wall. G. Irrigation shall be provided for all permanent landscaping, as identified in the approved landscape plan. The Applicant shall be responsible for maintaining the irrigation system and all landscaping. The Applicant shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the development. H. The transformer and cross connection water control devices shall be shown on the plot plan and landscaping and irrigation plan and screened from street view with masonry wall or landscaping as approved by the Director of Community Development. I. All perimeter and /or garden walls shall be constructed prior to installation of any sidewalks or concrete slabs. J. Prior to Final Inspection, the areas to be landscaped, as shown on the landscape and irrigation plan, shall be planted and irrigation system installed. The City's landscape architect shall certify in writing that the landscape and irrigation system was installed in accordance with the approved Landscape and Irrigation Plans. K. The applicant shall post a bond for completion of the landscaping. The timing of the completion of the landscaping shall be at the sole and unfettered discretion of the City. L. The wall along the 118 Arterial Bypass and North South Arterial Connection street shall be Resolution No. 2000 -1714 Tentative Tract Map No. 5147 Page 10 completely concurrently with the installation of the first phase of public improvements. CDD -15. All requirements as specified in the Development Agreement shall apply to this Tentative Tract Map. CDD -16. Prior to recordation of the Final Map, a property owner association shall be established for maintenance of parkway and median landscaping, street lightinc, and if requested by the City Council parks in the event the assessment district is dissolved, and other improvements as determined by the Director of Community Development and City Engineer, if an assessment district is determined to be not feasible. CITY ENGINEER DEPARTMENT: Grading CED -1. The Subdivider /Developer shall submit to the City for review and approval, a contour grading plan, consistent with the approved Tentative Map (elevations may not deviate by more than 2.0 feet) and in compliance with the provisions of the City Hillside Management Ordinance (Municipal Code Section 17.38) (DA 6.12), prepared by a Registered Civil Engineer. The Subdivider /Developer shall enter into an agreement with the City to complete the improvements and shall post sufficient surety guaranteeing completion of all improvements. Grading plans depicting contour grading of all visible slopes shall be completed to the satisfaction of the City Engineer and the Director of Community Development. CED -2. Prior to Final Map approval the Developer shall pay the Los Angeles Avenue Area of Contribution (AOC) Fees. The AOC fees shall be the dollar amount in effect at the time of payment. If previous payment of these contributions can be demonstrated, to the City's satisfaction upon concurrence of the City Manager, the developer would not have to pay the AOC fees. CED -3. The final grading plans shall indicate the geotechnical consultant's removal and recompaction recommendations and shall be reviewed, approved, signed and wet- stamped by the project geotechnical engineer and project engineering geologist, as Resolution No. 2000 -1714 Tentative Tract Map No. 5147 Page 11 acknowledgement that their recommendations have been incorporated. CED -4. Concurrent with submittal of the grading plan an Erosion Control Plan shall be submitted to the City for review and approval by the City Engineer. The design shall include measures for hydroseeding on all graded areas within 30 days of completion of grading unless otherwise approved by the City Engineer. Reclaimed water shall be used for dust control during grading, if available from Waterworks District No. 1 at the time of grading permit approval. CED -5. Requests for grading permits will be granted in accordance with the approved Tentative Map No.5147, as required by these conditions and City ordinance /policies. Additionally, the grading plan for the project shall identify the phase in which individual lots will be graded and developed. The phasing plan shall be subject to the review and approval of the Director of Community Development. CED -6. The Subdivider /Developer shall indicate in writing to the City the disposition of any wells that may exist within the project. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed or abandoned per Ventura County Ordinance No. 2372 or Ordinance No. 3991 and per Division of Oil and Gas requirements. Permits for any well reuse (if applicable) shall conform with Reuse Permit procedures administered by the County Water Resources Development Department. CED -7. Temporary irrigation, hydroseeding or equal measures acceptable to the City Engineer for erosion and dust control shall be implemented on all temporary grading. Temporary grading is defined to be any grading partially completed and any disturbance of existing natural conditions due to construction activity. These measures will apply to temporary grading activity that remains or is anticipated to remain unfinished or undisturbed in its altered condition for a period of time greater than thirty (30) days or the beginning of the rainy season whichever comes first. Resolution No. 2000 -1714 Tentative Tract Map No. 5147 Page 12 CED -8. All development areas and lots shall be designed and graded so that surface drainage is directed to street frontages or natural or improved drainage courses as approved by the City Engineer. CED -9. All offsite grading work shall require easement agreements. All offsite grading agreements /easements shall be recorded at the Ventura County Recorder's office, and a copy of the recorded easements shall be provided to the City Engineer's office, prior to issuance of a grading permit. Geotechn.ical /Geology Review CED -10. The Subdivider /Developer shall submit to the City for review and approval, a detailed geotechnical engineering and geology report certified by a California Registered Civil Engineer. The geotechnical engineering report shall include an investigation with regard to liquefaction, expansive soils, and seismic safety. The Subdivider /Developer shall also provide a report that discusses the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. Note: Review of the geotechnical engineering and geology report(s), by the City's Geotechnical Engineer, shall be required. The Subdivider shall reimburse the City for all costs including the City's administrative fee for this review. CED -11. All recommendations included in the approved geotechnical engineering report shall be implemented during project design, grading, and construction in accordance with the approved project. The City's geotechnical consultant shall review all plans for conformance with the soils engineer's recommendations. Prior to the commencement of grading plan check, the developer's geotechnical engineer shall sign the plans confirming that the grading plans incorporate the recommendations of the approved soils report(s). All review comments from the City's geotechnical consultant in letter dated October 19, 1999, on file at the City Engineer's office shall be addressed prior to the issuance of a grading permit. Resolution No. 2000 -1714 Tentative Tract Map No. 5147 Page 13 Storm Water Runoff and Flood Control Planning CED -12. The Subdivider /Developer shall submit to the City for review and approval, drainage plans, hydrologic and hydraulic calculations prepared by a California Registered Civil Engineer; shall enter into an agreement with the City to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. The plans shall depict all on -site and off -site drainage structures required by the City. The drainage plans and calculations shall demonstrate that the following conditions will be satisfied before and after development: A. Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention facilities, and drainage courses. Hydrology shall be per the current Ventura County Standards except as follows: B. All storm drains shall carry a 10 -year frequency storm; All catch basins shall carry a 10 storm; D. All catch basins in a sump condition shall be sized such that depth of water at intake shall equal the depth of the approach flows; E. Improvements shall be constructed to detain drainage on -site when the drainage amount is between the 10 -year and 50 -year storm event. A rainfall intensity zone K shall be utilized in the design unless an alternate design intensity is approved by the City Engineer. F. All culverts shall carry a 100 -year frequency storm; G. Drainage facilities shall be provided such that surface flows are intercepted and contained in an underground storm drain prior to entering collector or secondary roadways; Resolution No. Tentative Tract Page 14 2000 -1714 Map No. 5147 H. Under a 10 -year frequency storm, local, residential and private streets shall have one dry travel lane available on interior residential streets. Collector streets shall have a minimum of one dry travel lane in each direction. I. Drainage to adjacent parcels shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows shall be provided by the Developer; J. All drainage grates shall be designed and constructed with provisions to provide adequate bicycle safety to the satisfaction of the City Engineer; K. If the land to be occupied is in an area of special flood hazard, the Developer shall notify all potential buyers in writing of this hazard condition. The grading plan shall also show contours indicating the 50- and 100 -year flood levels. L. All flows from brow ditches, ribbon gutters and similar devices shall be deposited into the storm drain system prior to entering streets. If necessary, the storm drain shall be extended beyond the public right -of -way through easements to eliminate surface flow between parcels. Both storm drain and easements outside the right -of -way are to be maintained by the owner unless otherwise approved by the City Council. M. Concrete drainage structures shall be tan colored concrete, as approved by the Director of Community Development, and to the extent possible shall incorporate natural structure and landscape features to reduce their visibility. N. Drainage for the development shall be designed and installed with all necessary appurtenances to safely contain and convey storm flows to their final point of discharge, subject to review and approval of the City Engineer. CED -13. The Subdivider /Developer shall demonstrate for each building pad within the Tentative Map area that the Resolution No. 2000 -1714 Tentative Tract Map No. 5147 Page 15 following restrictions and protections can be our in place to the satisfaction of the City Engineer: A. Adequate protection from a 100 -year frequency storm; and B. Feasible access during a 50 -year frequency storm. C. Hydrology calculations shall be per current Ventura County Standards. CED -14. A hydraulic /hydrology study shall be prepared which analyzes the hydraulic capacity of the drainage system, with and without the storm drain system for the proposed development. The Developer shall make any downstream improvements, required by Ventura County Flood Control and the City to support the proposed development. CED -15. The Developer shall demonstrate that surface drainage from the site shall not drain over the sidewalk or the driveways. CED -16. All structures within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. CED -17. The Developer shall provide for all necessary on -site and off -site storm drain facilities required by the City to accommodate upstream and on -site flows. Facilities as shown on existing drainage studies and approved by the City, shall be delineated on the final drainage plans. Either on -site retention basins or storm water acceptance deeds from off -site property owners must be specified. These facilities (if applicable) must also be acceptable to the Ventura County Flood Control District. CED -18. As part of improvements to Gabbert Road, the Developer shall design and construct an underground storm drainage conveyance with inlets to properly collect storm water from the intersection of Poindexter Avenue and Gabbert Road to the Ventura County Flood Control Channel. That channel lies north of the Union Pacific railroad right -of -way. As part of the design, the Applicant shall obtain appropriate permits from the Ventura County Flood Control District. Resolution No. Tentative Tract Page 16 2000 -1714 Map No. 5147 Subject to the approval of the City Engineer and the city Public works Director, the developer shall prepare engineered improvement plans for an appropriately sized cross gutter which shall be constructed as part of the applicants required of-'- site improvements to Gabbert Road, north of the Union Pacific Railroad crossing. The developer shall reimburse the City for costs associated with the cross - gutter improvements should the City, at its option, deem it necessary to construct the improvements or alternate improvements prior to the developer constructing improvements on Gabbert Road. National Pollutant Discharqe Elimination System (NPDES) CED -19. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Stormwater Quality Management Program, NPDES Permit No. CAS063339. CED -20. The project construction plans shall incorporate Best Management Practices (BMPs) applicable to the development for the review and approval of the City Engineer. CED -21. All on -site storm drain inlets, whether newly constructed or existing, shall be labeled "Don't Dump - Drains to Arroyo" CED -22. Landscaped areas shall be designed with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides which can contribute to urban runoff pollution. Parking and associated drive areas with 5 or more spaces shall be designed to minimize degradation of stormwater quality. Best Management Practices, such as oil /water separators, sand filters, landscaped areas for infiltration, basins or approved equals, shall be installed to intercept and effectively prohibit pollutants from discharging to the storm drain system. The design must be submitted with the Stormwater Pollution Prevention Plan to the City Engineer for review and approval prior to the issuance of a gradinc permit. Resolution No. 2000 -1714 Tentative Tract Map No. 5147 Page 17 CED -23. City Ordinance No. 100 and the Federal Emergency Management Agency (FEMA), require updating of the National Flood Insurance Program maps for affected areas whenever any alteration of the watercourse is made. All materials required by FEMA for a map revision shall be provided to the City Engineer's office. This material will demonstrate the revised flood plain locations following development. This information will be forwarded by the City Engineer to the FEMA for review and updating of the National Flood Insurance Program maps. If updates to the flood zone have been made a conditional letter of map revision shall be provided to the City prior to issuance of a zone clearance for occupancy of the first residential unit. The Developer will be responsible for all costs charged by the FEMA and the City's administrative costs. CED -24. The following requirements shall be included in the CC &R's: A. All property areas shall be maintained free of litter /debris. B. All on -site storm drains shall be cleaned at least twice a year, once immediately prior to October 15 (the rainy season) and once in January. Additional cleaning may be required by the City Engineer. C. Private roads and parking lots /drive - throughs shall be maintained free of litter /debris. Sidewalks, parking lots and drive - throughs shall be swept regularly to prevent the accumulation of litter and debris. When swept or washed, debris must be trapped and collected to prevent entry to the storm drain system. No cleaning agent may be discharged to the storm drain. If any cleaning agent or degreaser is used, washwater shall not discharge to the storm drains; washwater should be collected and discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review, approval, and conditions of the wastewater treatment plant receiving the discharge. Resolution No. Tentative Tract Page 18 2000 -1714 Map No. 5147 D. Any exterior metal building surfaces, including roofing, shall be coated or sealed with rust inhibitive paint to prevent corrosion and release of metal contaminants into the storm drain. system. E. Landscaping shall be properly maintained with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides which can contribute to urban runoff pollution. The Property owner's association shall provide for maintenance o_` parkway and median landscaping, if an assessment district is not feasible. F. Trash enclosures and /or recycling area(s) shall be covered. All litter /waste material shall be kept in leak proof containers. The floor surface of the trash area shall be paved with impermeable material. No other area shall drain onto the trash enclosure. There shall be no drain connected from the trash enclosure area to either the storm drain system or the sanitary sewer. However, the enclosure shall be designed and constructed with provision for future connection to the sanitary sewer. CED -25. Prior to the issuance of any [construction /grading permit] and /or the commencement of any clearing, grading or excavation, the applicant /owner shall submit a Stormwater Pollution Control Plan ( SWPCP), on the form provided by the City for the review and approval of the City Engineer. A. The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Stormwater Quality Management Program, NPDES Permit No. CAS063339. B. The SWPCP shall identify potential pollutant sources that may affect the quality of discharges to stormwater and shall include the design and placement of recommended. Best Management Practices (BMPs) to effectively prohibit the entry of pollutants from the construction site into the storm drain system during construction. Resolution No. 2000 -1714 Tentative Tract Map No. 5147 Pace 19 C. Improvement plans shall note that the contractor shall comply to the "California Storm Water Best Management Practice Handbooks" D. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant /owner shall also submit a Notice of Intent (NOI) to the California State Water Resources Control Board, Storm Water Permit Unit in accordance with the NPDES Construction General Permit (No. CASQ00002): Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activities). The applicant /owner shall comply with all additional requirements of this General Permit including preparation of a Stormwater Pollution Prevention Plan (SWPPP) E. The Subdivider /Developer shall obtain a permit from the State Water Resources Control Board for "All storm water discharges associated with a construction activity where clearing, grading, and excavation results in land disturbances of five or more acres." The developer shall submit a Notice of Intent (NOI) to the City Engineers office as proof of permit application. F. The Subdivider /Developer shall also comply with NPDES objectives as outlined in the " Stormwater Pollution Control Guidelines for Construction Sites ". This handout is available at the City Engineer's office and a copy will be attached to the approved grading permit. Street Improvement Requirements: CED -26. The Developer shall verify that all street improvements are consistent with City policy and Ventura County road standards. Publicly dedicated streets shall conform to the design requirements of the Ventura County Road Standards (most recent revision). The Developer shall submit to the City for review and approval, street improvement plans prepared by a Registered Civil Engineer; and shall post sufficient surety guaranteeing the construction of the Resolution No. 2000 -1714 tentative Tract Map No. 5147 Page 20 improvements. Street improvements and median and parkway landscaping shall not be accepted by the City for maintenance until completion, unless otherwise determined by the City Engineer. CED -27. The Developer shall apply for and pay required fees associated with a City encroachment permit. An encroachment permit is required for any work within the City Right of Way. CED -28. The street improvements shall include concrete curb and gutter, parkways, street lights, and signing, striping, interim striping and traffic control, paving, and any necessary transitions, to the satisfaction of the City Engineer. All driveway locations shall be approved by the City Engineer and the Director of Community Development. The Developer shall dedicate any additional right -of -way necessary to make all of the required improvements. CED -29. Perimeter Wall The developer shall construct a wall to be located not closer than ten (10) feet to the northern property lines of the lots along the 118 Arterial Bypass and along the east side of the North - South Arterial Connection Street not closer than ter. (10) feet to the property line. The design and location of the wall shall be incorporated into the landscape plan and is subject to the review and approval of the Director of Community Development. The height of the wall on the arterial roadway side shall be determined by the Director of Community Development and shall not exceed eight (8) feet. The wall shall be approved and constructed as part of the first phase of public street improvements. The applicant shall bond for the total cost of this improvement. CED -30. "A" Street shall be designed per Ventura County Standard Plate B -3D (REV. G). CED -31. "B" Street shall be designed per Ventura County Standard Plate B -3D (REV. G). The cul -de -sac at the western end of "B" street shall be designed per Ventura County Standard Plate C -3 with a modified 45 -foot pavement radius (REV. D). Resolution No. 2000 -1714 Tentative Tract Map No. 5147 Page 21 The temporary turn - around at the eastern end of "B" street shall be designed in conformance with the County Fire Department requirements. CED -32. IN C 11 Street shall be designed per Ventura County Standard Plate B -3C (REV. G) and D -5. The following exceptions to the Standard Plate shall be incorporated in the design: (1) the sidewalk shall be 5 feet wide and placed adjacent to the curb. CED -33. The Paved Access Road, which runs from the Eastern property line easterly to Gabbert Road, shall be designed with: 32 feet wide asphaltic concrete pavement, with curbs where necessary to provide positive drainage. Rolled curbs shall be used, where possible, to allow for emergency parking. All other stopping or parking shall be prohibited. The alignment for this access road shall be located at the current location of the unpaved access road. The City Engineer shall review and approve the final location, geometric alignment and all other design features of the conceptual and final design of the Paved Access Road. Due to the non - standard design of the paved access road, the Developer shall submit a hold harmless statement in favor of the City, language to be approved by the City (DA 6.21). CED -34. Gabbert Road shall be designed to provide four (4) travel lanes and two eight (8) foot bike lanes per Ventura County Standard Plate B -3A (REV. G) from the south property limit of the Union Pacific Railroad for a minimum distance of 125 feet north of the north property limit of the Union Pacific Railroad. The following exceptions to the Standard Plate shall be incorporated in the design: (1) the sidewalks shall be 5 feet wide, (2) the parkway shall be 5 feet wide and placed between the edge of the sidewalk and the face of curb, (3) the total right of way width within and adjacent to the Union Pacific Railroad property shall be adjusted to accommodate a raised island with portland concrete curb (10 feet wide or less for installation of railroad signal poles and arms), (4) the cross slopes on the pavement shall conform to the cross slopes of railroad crossing materials, and (5) a Resolution No. 2000 -1714 Tentative Tract Map No. 5147 Page 22 turning lane shall be provided to the paved access road (DA 6.19). CED -35. The Developer shall be responsible for the proportionate share of the cost of installation of the traffic signal at Gabbert Road /Poindexter Avenue intersection based upon the number of trips generated by seventy percent (70 %) of the maximum allowed project building square footage if the permanent access to Los Angeles Avenue is not installed and the Gabbert Road /Poindexter Avenue intersection is in need of signalization because of the circulation impacts created by Specific Plan No. 1 (Hitch Ranch). CED -36. The portion of the Connector Road, which runs from the north side of Los Angeles Avenue northerly to a point approximately 600 feet north of the north property limits of the Union Pacific Railroad to connect to the 118 Arterial Bypass including an underpass under the railroad, shall be designed per Ventura County Standard Plate B -3A (REV. G) The following exceptions to the Standard Plate shall be incorporated into the design: 1 . ) the total right of way shall be 100 feet, 2.) the sidewalks shall be 5 feet wide and separated by a minimum five (5) foot parkway from the back of curb or as determined by the Director of Community Development and 3.) the parkway shall be 18 feet wide from the face of curb to the right of way lines inclusive of the sidewalk on the east side of the street only. An additional ten (10) feet of landscaped parkway located on each individual lot shall be provided to create a total parkway landscaped area twenty -eight (28) feet in width from the face of curb. Prior to grading, the Developer shall provide an irrevocable offer to dedicate right -of -way to the City for the north -south connector road. The right -of -way shall be 100' in width along the eastside of the VCFCD channel. The road alignment as shown on the Tentative Tract Map shall be modified as determined by the City Engineer to be located entirely within the City's boundary (DA 6.22). CED -37. The portion of the Connector Road, which runs from approximately 600 feet north of the north property limits of the Union Pacific Railroad to a point Resolution No. 2000 -1714 Tentative Tract Map No. 5147 Page 23 approximately 120 feet south of line of the Developer's property, offered for dedication and desigr of way or as determined by the sufficient slopes to accommodate of an arterial street. the north property shall be irrevocably Led as a level right City Engineer with future construction CED -38. The northern 120 feet of the property shall be graded in conjunction with the property at the Developer's sole expense as a level right of way for future construction of the 118 Arterial Bypass. The Developer shall grade the right of way for the 118 Arterial Bypass and the portion of the Connector Road from 600 feet north of the Union Pacific Railroad to the south side of the 118 Arterial Bypass as directed by the City Engineer. Prior to grading, the Developer shall provide an irrevocable offer to dedicate right -of -way to the City for the future 118 Arterial Bypass. The right -of -way shall be 120 feet (120') wide along the north side of the property. CED -39. The radius connection between the 118 Arterial Bypass and the North -South Connector Street shall be 200 feet and the area graded consistent with the grading required for the north /south arterial and the 118 Arterial right -of -way. CED -40. All curb returns on the streets to be improved shall be designed with 45 feet radii. CED -41. The Developer shall provide slope easements for road maintenance purposes only along all roads where the top of cut plus 5 feet or the toe of fill plus 5 feet is beyond the dedicated right -of -way. Said slope easements shall include the area covered by the cut slope plus 5 feet and fill slope plus 5 feet. CED -42. Street lights shall be provided on the improvement plans per Ventura County Standards and as approved by the City Engineer. CED -43. Above ground obstructions (utility cabinets, mailboxes, etc.) are to be placed within the right -of- way landscaping areas whenever possible. When above ground obstructions are to be placed within the sidewalk, a minimum five (5) foot clear sidewalk width must be provided around the obstruction. Resolution No. 2000 -1714 Tentative Tract Map No. 5147 Page 24 CED -44. Additional surety shall be provided for resurfacing and /or repair of the full width portion of Gabbert Road from Poindexter Avenue to the northerly limits of the transition work or as determined buy the City Engineer. The surety shall be used to secure the curb replacement and overlay or slurry of the street, as a result of damage from construction work or uti'ity trenching. The City may require restoration of the street before occupancy of any building. Surety will be returned upon the City Engineer accepting the condition of the street. CED -45. Excepting the temporary paved access road connecting Gabbert Road to the development site; the Developer shall offer to dedicate to the City for public use, all right -of -way easements for public streets. The offer to dedicate all streets in the project shall not be accepted until dedicated public access is provided. CED -46. In accordance with Business and Professions Code 8771 the street improvement plans shall, provide for a surveyors statement on the plans, certifying that all recorded monuments in the construction area have been located and tied out or will be protected in place during construction. CED -47. If any of the improvements which the subdivider is required to construct or install is to be constructed or installed upon land in which the applicant does not have title or interest sufficient for such purposes, the applicant shall do all of the following: a. Notify the City of Moorpark (hereinafter "City") in writing that the applicant wishes the City to acquire an interest in the land which is sufficient for the purpose of constructing all required off site improvements. b. Supply the City with (I) a legal description of the interest to be acquired, (ii) a map or diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of Section 1250.310 of the Code of Civil procedure, (iii) a current appraisal report prepared by an appraiser approved by the City which expresses an opinion as to the fair market value of the interest to be Resolution No. 2000 -1714 Tentative Tract Map No. 5147 ?age 25 acquired, and (iv) a current Litigation Guarantee Report. c. Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the applicant will pay all of the City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. CED -48. The Developer shall submit wall and landscaping plans showing that provisions have been made to provide for and maintain proper sight distances. CED -49. The Developer shall post sufficient surety guaranteeing completion of all improvements which revert to the City (i.e., grading, street improvements, storm drain improvements, landscaping, fencing, bridges, etc.) or which require removal (i.e., access ways, temporary debris basins, etc.) in a form acceptable to the City. The surety shall include provisions for all site improvements within the development and other off -site improvements required by the conditions as described herein. CED -50. The Developer shall demonstrate legal access to all lots to the satisfaction of the City Engineer. Developer shall acquire and construct, at their sole cost, dedicated public access to the properties as approved by the City Council. Secondary access shall comply with the City and public safety requirements shall be provided at their sole cost consistent with provisions of the Development Agreement. The Developer shall dedicate to the City all rights of access to the North -South connector road and the 118 Arterial Bypass in order that the abutting property owners shall have no rights of access whatsoever to these designated rights -of -way. CED -51. Any special street intersection treatments shall be approved by the City Engineer and the Director of Community Development. CED -52. The Developer shall make a special contribution to the City representing the Developer's pro -rata share of the cost of improvements at the following intersections: Resolution No. 2000 -1714 Tentative Tract Map No. 5147 Page 26 New Los Angeles Avenue /Tierra Rejada Road($100,000) New Los Angeles Avenue /Moorpark Avenue ($165,000) New Los Angeles Avenue /Spring Road ($150,000) Poindexter Avenue /Moorpark Avenue ($120,000) The actual contribution (pro -rata share) shall be based upon the additional traffic added to the intersection. The Developer's traffic engineer shall provide the City Engineer an estimate of the projected numbers for calculation of the pro -rata share. CED -53. The Developer shall pay all energy costs associated with public street lighting for a period of one year from the acceptance of the street improvements. UTILITIES CED -54. Utilities, facilities and services for Tract 5147 will be extended and /or constructed in conjunction with its phased development by the developer as the project proceeds. Water & Sewer A. The developer will be responsible for the construction of all onsite and offsite sanitary sewer facilities to serve the project. The developer shall enter into an agreement with V.C.W.W. Dist. No. 1 to construct the improvements and the system will be dedicated to V.C.W.W. Dist. #1 for maintenance. B. Prior to recordation of a final map, the City, Calleguas Municipal Waterworks District and Ventura County Water Works District No. 1 shall approve final plans for water distribution. Either the subdivider shall construct the re- quired distribution facilities or enter into an agreement with the Calleguas Municipal Water Dis- trict and /or Ventura County Waterworks District No. 1 stating when and how facilities will be funded and constructed. The system will be designed and constructed to meet the requirements of the proposed land uses and applicable City, Calleguas and V.C.W.W. District No. 1 standards. Resolution No. 2000 -1714 Tentative Tract Map No. 5147 Page 27 Other Utilities: C. Provisions for electrical, natural gas, telephone and solid waste collection services and cable television shall be made prior to development of the project area. All services can be extended by each respective company to meet future demands of the tract. Natural gas service will be provided by Southern California Gas. Electric service will be provided by Southern California Edison. Telephone service will be provided by Pacific Bell. CED -55. All existing and proposed utilities shall be placed underground as approved by the City Engineer. CED -56. Surety for Utilities Prior to approval of a final map, the subdivider shall post sufficient surety to assure that all proposed utility lines within and immediately adjacent to the project site shall be placed underground to the nearest off -site utility pole. All existing utilities shall also be undergrounded to the nearest off -site utility pole with the exception of 66 KVA or larger power lines. This requirement for undergrounding includes all above - ground power pcles on the project site as well as those along the frontage roads of the site. All utility lines either existing or proposed that must connect across Los Angeles Avenue to provide service to this site shall be placed underground via an underground conduit. CED -57. The Developer shall offer to dedicate to the City public service easements as required by the City. Where gated access is provided, the applicant shall provide a means for immediate access of fire and police emergency vehicles. A. The applicant shall make an irrevocable dedication on the Final Map of easements to the City over all private streets shown on the Tentative Map for the purpose of providing access to: a) all governmental agencies that provide public safety, health and welfare services or that enforce laws and ordinances; and b) all members of the public who reasonably need to be vacated over the private streets because of a Resolution No. 2000 -1714 Tentative Tract Map No. 5147 Page 28 state of emergency declared by a representative of the City or of the Ventura County Fire Protection District. CED -58. Prior to submittal of the Final Map to the City for review and prior to approval, the Developer shall transmit by certified mail a copy of the conditionally approved Tentative Map together with a copy of Section 66436 of the State Subdivision Map Act to each public entity or public utility that is an easement holder of record. Written compliance shall be submitted to the City . PRIOR TO ISSUANCE OF A ZONE CLEARANCE FOR GRADING, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: CED -59. All conditions required prior to Final Map Approval shall be complied with. CED -60. All structures and walls in excess of 6 feet in height require Planning Department approval. CED -61. Prior to the issuance of any grading permit, the Developer shall submit a Storm Water Pollution Control Plan (SWPCP), on the form provided by the City for the review and approval of the City Engineer. CED -62. The Developer shall prepare a master agreement among all owners of commercial and manufacturing developments within the tentative map boundary which shall provide for a Slope Maintenance Program designed to ensure that risks of slope failure are minimized. This slope maintenance program shall address recommendations contained in the project geotechnical report. The Slope Maintenance Program document shall be reviewed and approved by the City Geologist, City Engineer and Director of Community Development prior to issuance of permits for rough grading. DURING GRADING, THE FOLLOWING CONDITIONS SHALL APPLY: CED -63. Grading may occur during the rainy season from October 15 to April 15 subject to installation of debris and erosion control facilities. Erosion control measures shall be in place and functional between October 15th and April 15th. CED -64. Prior to any work being conducted within the State, County, or City right of way, the Developer shall Resolution No. 2000 -1714 Tentative Tract Map No. 5147 Page 29 obtain all necessary encroachment permits from the appropriate Agencies. CED -65. During clearing, grading, earth moving or excavation operations, dust emissions should be controlled by regular watering with reclaimed water, if available, paving construction roads and other dust prevention. measures. The Developer shall submit a dust control plan, acceptable to the city, concurrently with submittal of the rough (as opposed to the fine) grading plan. This plan shall include, but is not be limited to the following measures: A. Water all site access roads and material excavated or graded on or off -site to prevent excessive amounts of dust. Watering shall occur a minimum of at least two times daily, preferably in the late morning and after the completion of work for the day. Additional watering for dust control shall occur as directed by the City. The Dust Control Plan shall indicate the number of water trucks which will be available for dust control at each phase of grading. B. Cease all clearing, grading, earth moving, or excavation operations during periods of high winds (greater than 15 mph averaged over one hour). The contractor shall maintain contact with the Air Pollution Control District (APCD) meteorologist for current information about average wind speeds. C. Water or securely cover all material transported off -site and on -site to prevent excessive amounts of dust. D. Minimize the area disturbed at any one time by clearing, grading, earth moving and excavation so as to prevent excessive amounts of dust. E. Keep all grading and construction equipment on or near the site, until these activities are completed. F. Facemasks shall be used by all employees involved in grading or excavation operations during dry periods to reduce inhalation of dust that may Resolution No. 2000 -1714 tentative Tract Map No. 5147 Page 30 contain the San Joaquin Valley Fever causing fungus. G. On -site vehicle speed shall be limited to 15 mph. All areas experiencing vehicle traffic (e.g. parking areas, dirt roads linking different construction areas, etc.) shall be watered periodically. H. Wash off heavy -duty construction vehicles before they leave the site. CED -66. After clearing, grading, earth moving, or excavation operations, and during construction activities, fugitive dust emissions should be controlled using the following procedures: A. Apply non - hazardous chemical stabilizers to all inactive portions of the construction site. When appropriate, seed exposed surfaces with a fast - growing, soil- binding plant to reduce wind erosion and its contribution to local particulate levels. B. Periodically sweep public streets in the vicinity of the site to remove silt (i.e., fine earth material transported from the site by wind, vehicular activities, water runoff, etc.) Which may have accumulated from construction activities. CED -67. All diesel engines used in construction equipment should use high pressure injectors and reformulated diesel fuel. CED -68. During smog season (May - October) the City shall order that construction cease during Stage III alerts to minimize the number of vehicles and equipment operat- ing, lower ozone levels and protect equipment opera- tors from excessive smog levels. The City, at its discretion, may also limit construction during Stage II alerts. CED -69. During site preparation and construction, construct temporary storm water diversion structures per City standards. CED -70. Construction activities including construction traffic shall be limited to between the following Resolution No. 2000 -1714 Tentative Tract Map No. 5147 Page 31 hours: a) 7:00 a.m. and 7:00 p.m. Monday through Friday, and b) 9:00 a.m. to 6:00 p.m. Saturday. Construction work on Saturdays will require payment of a premium for City inspection services, and may be further restricted or prohibited should the City receive complaints from adjacent property owners. No construction work is to be done on Sundays, pursuant to Section 15.26.010 of the Municipal Code. CED -71. All construction traffic shall use the existing "Farm road" to Los Angeles Avenue. Construction traffic is prohibited from entering and exiting the site from either Poindexter Avenue or Gabbert Road, unless otherwise authorized in writing by the City. In the event construction traffic is unable to gain access to Los Angeles Avenue via the "farm road crossing" and written authorization is granted by the City to obtain access to Los Angeles Avenue via Gabbert Road, the construction traffic hours shall be coordinated so as to not coincide with peak traffic hours at the Poindexter /Gabbert Road and Gabbert Avenue /Los Angeles Avenue intersections which should include coordination with the Moorpark Unified School District because of the nearby Chaparral Middle School. CED -72. All import /export activities from the site, in excess of 100 cubic yards, shall require prior City approval and issuance of an encroachment permit. All requests for over 100 cubic yards of import /export must be made in writing to the City Engineer. CED -73. Truck noise from hauling operations shall be minimized through establishing hauling routes which avoid resi- dential areas and requiring that "Exhaust Brakes" not be used along the haul route within the City. The hauling route must be identified as part of the grading plan and be approved by the City Engineer. CED -74. The Subdivider /Developer shall ensure that construc- tion equipment is fitted with modern sound - reduction equipment. CED -75. Equipment not in use for more than ten minutes should be turned off. Resolution No. 2000 -1714 Tentative Tract Map No. 5147 Page 32 CED -76. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriff's Department, and the City Construction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. CED -77. When in the opinion of the Public Works or Building Inspector an attractive nuisance exists, the Subdivider /Developer shall utilize all prudent and reasonable measures (including installation of a 6- foot high chain link fence around the construction sites or provision of a full time licensed security guard) to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury. CED -78. Equipment engines shall be maintained in good condition and in proper tune as set forth in manufacturers' specifications. CED -79. Upon completion of rough grading, an as- graded geotechnical report, documenting site grading and fill placement, should be prepared by the project geotechnical engineer and submitted to the City. The report shall include results of all fill density testing and in- grading expansion index, shear strength and R -value testing, and a map depicting the limits of grading, density test locations, removal area locations and bottom elevations, subdrain locations and flow line elevations, and geologic conditions exposed during grading. CED -80. An As- Graded geotechnical report and rough grading certification shall be submitted to and approved by the City Engineer and Geotechnical Engineer. CED -81. Prior to issuance of a building permit for any portion of the property that exceeds forty percent (400) of the acreage of the total of all lots created by the recordation of the first final map, the final design plans for the North -South Connector Street to the 118 arterial bypass and a financing plan, as described Resolution No. 2000 -1714 Ten,�iazive Tract Map No. 5147 Page 33 Section 6.22 of the Development Agreement, shall be approved by the City Council at its sole discretion. CED -82. Prior to issuance of a building permit for any portion of the property that exceeds seventy percent (70 %) of the net acreage of the total of all lots created by the recordation of the first final map, Developer shall cause to be constructed the North -South Connector Street to 118 bypass described in Section 6.22 of the Development Agreement, whether or not the Development Agreement is still in effect. CED -83. A copy of the recorded Map(s) shall be forwarded to the City Engineer for filing. CED -84. The Developer shall pay all County Fees related to the Computer Aided Mapping System (CAMS) and shall provide the City Engineer's office with receipts or other documentation as proof of payment. CED -85. A final grading certification shall be submitted to and approved by the City Engineer. CED -86. All existing and proposed utilities shall be placed underground as approved by the City Engineer. C7-D-87. If directed by the City, the Developer shall have repaired, overlayed or slurried that portion of Gabbert Road affected by this development. The repairs, curb replacement, parkways, sidewalks, and overlay or slurry of the street, as a result of damage from construction work or utility trenching shall be along the entire length of the project including transitions unless otherwise approved and shall be completed to the satisfaction of the City Engineer. CED -88. The Developer shall execute a covenant running with the land on the behalf of itself and its successors, heirs, and assigns agreeing to participate in the formation of and contribute to any assessment district established to fund any or all of the following purposes: maintenance of street lighting, parkway and median landscaping, parks and other public facilities and construction of public street and traff'_c improvements including but not limited to the 118 arterial bypass and other City Council designated citywide traffic improvements. Resolution No. 2000 -1714 Tentative Tract Map No. 5147 Page 34 Consistent with Government Code 66443, developer consents to and shall include a certificate on the final map referencing the potential establishment of one or more assessment districts for the purposes described in Condition of Approval No. CED -88 of City Council Resolution No. 2000 -1714. CED -89. PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: A. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. B. The Subdivider /Developer shall file for a time extension with the City Engineer's office at least six weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required will be in conformance with the applicable ordinance section. C. All surety guaranteeing the public improvements shall remain in place for one year following acceptance by the City. Any surety that is in effect three years after final map approval or issuance of the first building permit shall be increased an amount equal to or greater than the consumers price index (Los Angeles /Long Beach SMSA) for a period since original issuance of the surety and shall be increased in like manner each year thereafter. D. Original "as built" plans will be certified by the Developer's civil engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 36 ", they must be resubmitted as "as builds" in a series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as builds" plans is required before a final inspection will be scheduled. The developer shall pay a pro -rata share, as determined by the City, for construction of the improvements identified in the Gabbert and Walnut Resolution No. 2000 -1714 Tentative Tract Map No. 5147 Page 35 Canyon Channels Deficiency Study. Developer shall be solely responsible for the cost and construction of any interim channel improvements that may be necessary to facilitate any new use or development of the property (DA 6.13). ^(1f1NTV OP VFNTIIRA FNVTPnmMF.NTAT. HFAT,TH nTVTSTnN- EHD -1. All water impoundment(s) shall be maintained in a manner which will not create mosquito breeding sources. VENTURA COUNTY WATERWORKS DISTRICT NO. 1: CWD -1. District shall approve the water and sewer improvement plans after all the following items are completed: A. District annexation documents (refer to the water and sewer availability letter dated June 8, 1998). B. Water and sewer improvement plans prepared in accordance with District standards. Sample format is available at the District upon request. C. Hydraulic analyses by a registered Civil Engineer to determine the adequacy of the proposed and existing water lines, storage facilities and sewer lines. D. Copy of the approved County of Ventura Fire Prevention District on the location of the fire hydrants. E. Sealed copy of "Memorandum of Understanding" and "Proof of Payment of the Capital Construction Charge" from Calleguas Municipal Water District. F. Cost estimates for water and sewer improvements. G. Payment for the following fees: Annexation, plan check, construction inspection, capital improvement charge, sewer connection fee and water meter charge. H. Grading, drainage and street improvement plans. I. Tract Map showing water and sewer easements dedicated to the District. J. Signed Contract to I, and Surety Bond. Resolution No. 2000 -1714 Tentative Tract Map No. 5147 Page 36 K. The applicant shall comply with the applicable provisions of the District Rules and Regulations. VENTURA COUNTY AIR POLLUTION CONTROL DISTRICT CONDITIONS APC -1. All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds (i.e. greater than 15 miles per hour averaged over one hour) to prevent excessive amounts of fugitive dust. APC -2. All trucks that will haul excavated or graded material off site shall comply with State Vehicle Code Section 23114, with special attention to Section 23114 (b)(F),(e)(2) and (e)(4) as amended, regarding the prevention of such material spilling onto public streets and roads. APC -3. All unpaved on -site roads shall be periodically watered or treated with environmentally -safe dust suppressants to prevent excessive amounts of dust. APC -4. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive amounts of fugitive dust. APC -5. All active portions of the site shall be either periodically watered or treated with environmentally - safe dust suppressants to prevent excessive amounts of dust. APC -6. On -site vehicle speeds shall not exceed 15 miles per hour. APC -7. Equipment engines shall be maintained in good condition and in proper tune as per manufacturer's specifications. VENTURA COUNTY FIRE DISTRICT CONDITIONS VFD -1. Where two way traffic and on- street parallel parking on both sides occur, a 36 foot street width shall be provided. VFD -2. Access roads shall not exceed 15% grade. VFD -3. All driveways and roads shall have a minimum vertical clearance of 13 feet 6 inches (13'6 "). VFD -4. All approved turnaround areas or easements for fire apparatus shall be provided where the access road is 150 feet or farther from the main thoroughfare. Resolution No. 2000 -1714 Tentative Tract Map No. 5147 Page 37 VFD -5. Two points of access, one of which may be for emergency use only shall be provided for this project (This condition reworded by Planning Department staff) VFD -6. An emergency access shall be provided and shall have an all weather surface meeting Fire District standards for width, grade length, and curve radii. This improvement shall be made to connect this project or any phase thereof to Los Angeles Avenue. Indicate on a site plan the connection to Los Angeles Avenue. VFD -7. Gates used to control vehicle access shall be designed as required by the Fire Department Gate Guidelines. Design criteria includes, stacking method of gate control, clear widths, and knox box systems for secured gates. Gate plans shall be submitted to the Fire Prevention Division for review and approval prior to map recordation. VFD -8. Prior to recordation, street names shall be submitted to the Fire District's Communications Center for review VFD -9. Street name signs shall be installed in conjunction with the road improvements. The type of sign shall be in accordance with the City Road Standards. VFD -10. Prior to combustible construction, all weather access road /driveway suitable for use by a 20 ton Fire District vehicle shall be installed. VFD -12. VFD -16. Prior to construction, the Applicant shall submit plans to the Fire District for approval of the location of hydrants, and show existing hydrants within 300 feet of the development. VFD -13. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Moorpark Water Works Manual. VFD -14. Each hydrant shall be a 6 -inch wet barrel design and shall have (1) 4 inch and (2) 2 112 inch outlet(s). VFD -15. The required fire flow shall be achieved at no less than 20 -psi residual pressure. VFD -16. Fire hydrants shall be spaced 300 feet on center and so located that no structure will be farther than 150 feet from any one hydrant. Resolution No. 2000 -1714 Tentative Tract Map No. 5147 Page 38 VFD -17. Fire hydrants shall be set back in from the curb face 24 inches on center. Resolution No. 2000 -1714 Tentative Tract Map No. 5147 Paae 39 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) CITY OF MOORPARK } ss. I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury t:�at the Foregoing Resolution No. 2000 -1714 was adopted by the City Council of the City of Moorpark at a meeting held on the 15`r day of March, 2000, and that the same was adopted by the following vote: AYES: Councilmembers and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None Evans, Harper, Rodgers, Wozniak WITNESS my hand and the official seal of said City this 28th day of September, 2000. Deborah S. Traffenstedt, City Clerk (seal)