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HomeMy WebLinkAboutRES 1990 226 1008RESOLUTION NO. PC -90 -226 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARR, CALIFORNIA, RECOMMENDING APPROVAL OF VESTING TENTATIVE TRACT MAP NO. 4620 ON THE APPLICATION OF JBH DEVELOPMENT COMPANY WHEREAS, at duly noticed public hearings on November 19 and December 3, 1990, the Planning Commission considered the application filed by JBH (Jon B. Hedberg) Development Company requesting approval of Vesting Tentative Tract Map No. 4620 to allow a 66 -lot subdivision of a 349.8 -acre site zoned RE -5 Acre and located west of Walnut Canyon Road and approximately one -half mile north of Casey Road (Assessor Parcel Numbers: 500 -0- 260 -025, -045, -075, -085; and 500 - 270 -050, -090, -140, -155, and -165); and WHEREAS, the Planning Commission after review and consideration of the information contained in the staff reports dated November 9 and November 27, 1990, and the Mitigated Negative Declaration has found that the subject project will not have a significant effect on the environment; and WHEREAS, at its meetings of November 19 and December 3, 1990, the Planning Commission opened the public hearing; took testimony from all those wishing to testify; closed the public hearing on December 3, 1990; and reached its decision on the matter; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Pursuant to the provisions of the California Environmental Quality Act (Division 13 of the Public Resources Code of the State of California (beginning at Section 21000) the Planning Commission of the City of Moorpark recommends that the City Council approve the Mitigated Negative Declaration and the Mitigation Monitoring Program. SECTION 2. The Planning Commission hereby adopts the findings contained in the staff report dated November 9, 1990, and said report is incorporated herein by reference as though fully set forth. SECTION 3. The Planning Commission does hereby find that the approval of the requested Vesting Tentative Tract Map is consistent with the City's General Plan. SECTION 4. The Planning Commission hereby recommends that the City Council conditionally approve Vesting Tentative Tract Map No. 4620 subject to compliance with all of the conditions attached hereto as Exhibit 1 and the Mitigation Monitoring Program attached hereto as Exhibit 2. Resolution No. PC -90 -226 Page 2 The action with the foregoing direction was approved by the following roll call vote: AYES: Schmidt, Wesner, Talley NOES: ABSENT: PASSED, APPROVED, AND ADOPTED THIS 3RD DAY OF DECEMBER, 1990. ATTEST: Celia La Fleur Secretary Exhibits: Exhibit 1: Conditions of Approval Exhibit 2: Mitigation Monitoring Program EXIT 1 r VESTING TENTATIVE TRACT MAP N0, 4620 APPLICANT: JSH Development Company DATE: December 3, 1990 DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS GENERAL REQUIREMENTS: 1. The conditions of approval of this vesting Tentative Map supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said Map; and that all provisions of the Subdivision Map Act, City of Moorpark Ordinances and adopted City policies apply. 2. Recordation of this subdivision shall be deemed to be acceptance by the property owner of the conditions of this Map. 3. All applicable requirements of any law or agency of the State, City of Moorpark an any other governmental entity shall be met, and all such requirements and enactments shall, by reference, become conditions of this entitlement. 4. The developer's recordation of this Map and /or commencement of construction as a result of this Map shall be deemed to be acceptance of all conditions of this Map by the applicant. 5. 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. 6. If any of the conditions or limitations of this subdivision are held to be invalid, that holding shall not invalidate the remaining conditions or limitations set forth. 7. The applicant agrees as a condition of approval of the tentative and final subdivision maps to defend at his sole expense any action brought against the City because of approval or renewal of this subdivision. Applicant shall reimburse the City of any court costs and /or attorney's fees which the City may be required by a court to pay as a result of any such action. The City, may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve applicant of his obligations under this condition. 8. The development shall be subject to all applicable regulations of the Rural Exclusive (RE) 5 Acre Zone. 1 " VESTING TENTATIVE TRACT MAP NO. 4620 APPLICANT: JBH Development Company DATE: December 3, 1990 9. No Zoning Clearance shall be issued for any building construction until the Final Map has been recorded. Prior to the issuance of any building permit, a zoning clearance shall be obtained from the Department of Community Development. A Building Permit shall be obtained from the Department of Building and Safety after the granting of a zoning clearance. 10. The Vesting Tentative Map shall expire three years from the date of its approval. Failure to record a Final Map with the Ventura County Recorder prior to expiration of the Tentative Map shall terminate all proceedings, and any subdivision of the land shall require the filing and processing of a new Vesting Tentative Map. PRIOR TO GRADING PERMIT APPROVAL, THE FOLLOWING CONDITIONS SHALL BE 11. The developer shall submit grading plans to the Director of Community Development for approval to ensure compliance with the Mitigation Monitoring Program. The grading plans shall include the areas designated for residential development on each lot, consistent with the "lot envelope" plan approved by the City Council. 12. In order to reduce the visual impact of manufactured slopes, the top and toe of these slopes shall be rounded off. Also, the grading plan shall indicate the manner in which the graded slopes shall be blended with the natural slope of the site. 13. 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 Ventura County Guide to Landscape Plans and in compliance with the City of Moorpark Ordinance No. 74, and shall be submitted to the Director of Community Development. The purpose of the landscaping will be to control erosion, replace mature trees lost as a result of construction and /or grading, and to mitigate the visual impacts of all manufactured slopes three feet or more in height. Landscaping shall consist of drought tolerant and /or native groundcovers, shrubs, and trees which do not require permanent irrigation. The applicant shall bear the cost of the landscape plan review, installation of the landscaping and irrigation system, and of final landscape inspection. All landscaping shall be in place and receive final inspection prior to approval of the Final Map. 2 I— VESTING TENTATIVE TRACT MAP NO. 4620 APPLICANT: JBH Development Company DATE: December 3, 1990 Temporary irrigation shall be landscaping, as identified in the a minimum of two years from the landscaping. The applicant maintaining the irrigation syste such time as the Homeown responsibility. Prior to Homeow of responsibility for the lands replace any dead plants and make irrigation system consistent wits for the subdivision. provided for all permanent approved landscape plan, for date of installation of the shall be responsible for m and all landscaping until ers' Association accepts ners' Association acceptance caping, the applicant shall any necessary repairs to the i the landscape plan approved 14. The applicant shall submit a plan for review and approval of the Director of Community Development which identifies how compliance with the utilities undergrounding requirement will be met. PRIOR TO FINAL MAP APPROVAL, THE SATISFIED: CONDITIONS SHALL BE 15. 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 sewer service. 16. All proposed utilities shall be undergrounded 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 67 KV or larger power lines. This requirement for undergrounding includes all above - ground power poles on the project site as well as those along the frontage of the site in the Caltrans right -of -way. The undergrounding of utilities must be accomplished prior to final map approval. 3 VESTING TENTATIVE TRACT MAP NO. 4620 APPLICANT: JBH Development Company DATE: December 3, 1990 17. The subdivider shall obtain a "District Release" from the Calleguas Municipal Water District and Waterwork's District No. 1. Applicant shall be required to comply with Ventura County Waterwork's Rules and Regulations, including payment of all applicable fees. 19. 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. 19. The applicant shall pay Quimby (park and recreation) Fees consistent with City Ordinance No. 6. 20. Covenants, Conditions, and Restrictions (CC &R's) establishing a Homeowners' Association for the proposed division shall be prepared and shall identify the maintenance responsibilities of the Homeowners' Association including, but not limited to, the following: Maintenance of all streets and common - shared driveways, all storm drains and channels, the landscaped entry areas, the landscaping surrounding the water tank(s), any slope directly affecting drainage or street facilities, and any dams (collectively "Maintenance Areas "). Should the Homeowner's Association fail to maintain the Maintenance Areas, or any portion thereof, in a satisfactory manner, the Maintenance Areas, or portion thereof, shall be annexed, at the City's option, to a City Assessment District. The total cost of the maintenance provided by the Assessment District shall be borne by the lot owners within Tract 4620. Prior to approval of the Final Map, an easement covering the Maintenance Areas shall be irrevocably offered to the City for maintenance purposes. 21. The CC &R's shall include all Tentative Map conditions of approval which have been identified for inclusion in the CC &R's, and shall be submitted to the Director of Community Development and City Attorney for review and approval prior to Final Map approval by the City Council. Vesting Tentative Map conditions of approval shall be highlighted in the copies of the CC &R's submitted for City review. Prior to sale of any lots, the CC &R's shall be approved by the State Department of Real Estate and then recorded. 22. The applicant shall be required to pay all costs associated with City Attorney review of the project CC &R's prior to final map approval. 4 VESTING TENTATIVE TRACT MAP NO. 4620 APPLICANT: JBH Development Company DATE: December 3, 1990 23. The Homeowners' Association may modify the CC &R's only to the extent that they do not conflict with the terms of approval of the Tentative Map. Further, the Homeowners' Association shall enforce the CC &R's. 24. The CC &R's shall include a requirement that any future residential units constructed in the subdivision shall comply with Chapter 2 -53 of Part 2 and Chapter 4 -10 of Part 4, of Title 24 of the California Administrative Code. 25. The CC &R's shall include a requirement that ultra -low water consumption plumbing fixtures shall be installed consistent with City Ordinance No. 132. The CC &R's shall also include a requirement for the following energy saving devices: a. Stoves, ovens, and ranges, when gas fueled, shall not have continuous burning pilot lights. b. All thermostats connected to the main space heating source shall have night setback features. C. Kitchen ventilation system shall have automatic dampers to ensure closure when not in use. 26. A fencing plan identifying the materials to be used and proposed location shall be submitted to and approved by the Director of Community Development. The approved fencing plan shall be incorporated into the CC &R's. All fencing along lot boundaries shall be in place prior to Final Map approval. 27. The Final Map shall indicate all equestrian trail easements as shown on the Tentative Map. The minimum width of said easements shall be 11 feet, and they shall be deeded to the Homeowners' Association. 28. The CC &R's shall include language requiring that no structures, walls, or fences shall be erected which impede or restrict sheet flow of drainage between lots. If the final drainage study determines that the dam on Lot 56 shall be retained, the CC &R's shall include language that the Homeowners' Association shall maintain any such dam, and the final map shall include a designated access easement to allow the Homeowners' Association access to the dam for maintenance purposes. 29. The CC &R's shall include language requiring that the Homeowners' Association shall accept maintenance responsibility for the sewer system lift stations if Waterworks District No. 1 does not accept responsibility. A /- VESTING TENTATIVE TRACT MAP NO. 4620 APPLICANT: JBH Development Company DATE: December 3, 1990 30. The CC &R's shall include language prohibiting use of wood or asphalt shingles as roofing materials for residential structures. VENTURA COUNTY FIRE DEPARTMENT CONDITIONS PRIOR TO FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 31. The access roads shall be certified by a registered Civil Engineer as having an all weather surface, in conformance with City road standards. This certification shall be submitted to the Ventura County Fire Protection District, Fire Prevention Section prior to occupancy. 32. Access roads shall be installed with an all weather surface, suitable for access by fire department apparatus. A minimum clear street width of 36 feet shall be provided. 33. "A" Street shall be paved and completed for a full 36 feet in width from Walnut Canyon Road to the western project boundary, and for a full 32 feet in width from the western project boundary to connect with Gabbert Road. These improvements, or provisions to guarantee installation prior to combustible construction, shall be completed prior to final map approval. 34. An access roadway /driveway with an all weather surface shall be extended to within 150 feet of all portions of the exterior walls of the first story of any building. 35. A private driveway, serving up to two structures, shall be constructed a minimum of 15 feet wide. A private driveway, serving more than two structures, shall be a minimum of 20 feet wide. All driveways shall be able to support a 20 ton fire fighting vehicle. 36. Approved turn around areas for fire apparatus shall be provided where the access road is 150 feet or farther from the main thoroughfare. 37. A dead -end road shall not exceed 800 feet in length. The CC &R's shall stipulate that any house accessed by a driveway greater than 800 feet in length shall be provided with an automatic fire sprinkler system. i"- VESTING TENTATIVE TRACT MAP N0. 4620 APPLICANT: JBH Development Company DATE: December 3, 1990 38. Access roads shall not exceed 15 percent grade except that distances up to 200 feet can be constructed with up to 20 percent grade if adequate sight distance is provided and the horizontal curve radii is not less than 100 feet. 39. All drives shall have a minimum vertical clearance of 13 feet, 6 inches. 40. Any gates to control vehicle access into the development are to be located so as to allow a vehicle waiting for entrance to be completely off the public roadway. The method of gate control shall be subject to review and approval by the Bureau of Fire prevention. A minimum clear open width of 15 feet in each direction shall be provided. If gates are to be locked, a Knox System shall be installed. Gate plan details shall be submitted to the Bureau of Fire Prevention for approval prior to Final Map approval. 41. Prior to recordation of street names, proposed names shall be submitted to the Fire Department - Communication Center for review. All street names shall be approved by the City Council after review by the Fire Department. 42. Street signs shall be installed prior to final map approval. 43. A minimum fire flow of 1,000 gallons per minute shall be provided at the project site. 44. Prior to final map approval, the applicant shall submit plans to the Ventura County Bureau of Fire Prevention for fire hydrants location approval. Existing hydrants within 500 feet of the development shall be shown on the plan. 45. Fire hydrants shall be installed and in service prior to final map recordation and shall conform to the minimum standards of the Moorpark Water Works Manual. Hydrants shall conform to the following requirements: a. Each hydrant shall be a 6 -inch wet barrel design and shall have one 4 -inch and one 2 1/2 -inch outlet. b. The required fire flow shall be achieved at no less than 20 psi residual pressure. C. Fire hydrants shall be spaced 500 feet on center, and so located that no structure will be farther than 250 feet from any one hydrant. d. Fire hydrants shall be 24 inches on center, recessed in from the curb face. VESTING TENTATIVE TRACT MAP NO. 4620 APPLICANT: JBH Development Company DATE: December 3, 1990 46. If the project is phased, the phasing shall be done in a manner to provide two acceptable points of access to the active portions of the development. Such access shall be provided prior to combustible construction. PRIOR TO BUILDING PERMIT APPROVAL OR OCCIIPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 47. Address numbers, a minimum of 4 inches high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are set back more than 150 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event the structures) is(are) not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance. 48. Any structure greater than 5,000 square feet in area and /or 5 miles or more from a fire station shall be provided with an automatic fire sprinkler system. 49. Any structures proposed to be constructed within a high fire hazard area shall meet hazardous fire area building code requirements. 50. All grass or brush exposing any structure(s) shall be cleared for a distance of 100 feet prior to framing. 51. An Underwriters Laboratory (UL) approved spark arrestor shall be installed on all chimneys. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 GENERAL REQUIREMENT: 52. The applicant for service shall comply with the Ventura County Waterworks District No. 1 "Rules and Regulations ". VENTURA COUNTY FLOOD CONTROL AND WATER RE OURCES DEPARTMENT PRIOR TO GRADING PERMIT APPROVAL, THE FOLLOWING CONDITION SHALL BE SATISFIED: 53. The Final Drainage Study shall be reviewed and approved by the County of Ventura Flood Control and Water Resources Department. F: r-- VESTING TENTATIVE TRACT MAP NO. 4620 APPLICANT: JBH Development Company DATE: December 3, 1990 MOORPARK UNIFIED SCHOOL DISTRICT PRIOR TO FINAL MAP APPROVAL, THE FOLLOWING CONDITION SHALL BE SATISFIED: 54. A school bus turn -out shall be provided on the west side of Walnut Canyon Road. The design of this turn -out shall be approved by the School District prior to grading permit approval. 9 r- I MCI W�IX: ;�I�]iU1!il>l�i � PRIOR TO FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 55. a. The applicant shall submit to the City for review and approval, a grading plan prepared by a registered civil engineer; shall obtain a grading permit; and shall post sufficient surety guaranteeing completion. Cut or fill slopes shall be no steeper than 2:1 (horizontal:vertical). Contour grading of all slopes shall be provided to the satisfaction of the Director of Community Development and City Engineer. An erosion control plan shall be submitted for review and approval if grading is to occur between October 1st and April 15th. Along with the erosion control measures, hydroseeding of all graded slopes shall be required within 60 days of completion of grading. Landscaping and permanent irrigation of all graded slopes shall be provided to the satisfaction of the Director of Community Development and City Engineer. All haul routes shall be approved by the City Engineer. On- site haul routes shall be limited to graded areas only. Each pad shall have full, off -site access and complete drainage improvements prior to occupancy. e. Contaminated or hazardous soil shall not be used for on -site soil fill or roadway subgrade. Any contaminated or hazardous soil shall be removed to an approved landfill. 56. a. The applicant shall submit to the City for review and approval, a detailed soils and geotechnical report prepared by both a civil engineer and a geotechnical engineer registered with the State of California. The report shall include a geotechnical investigation with regard to liquefaction, landslides, slope stability, expansive soils, and seismic safety. The grading plan shall incorporate the recommendations of the approved soils report. b. Review of the soils and geotechnical report by the City's geotechnical consultant shall be required. The applicant shall reimburse the City for all costs including the City's administrative costs. 57. a. The applicant shall submit to the City for review and approval, street improvement plans prepared by a registered civil engineer; shall enter into an agreement with the City to complete the improvements; and shall post sufficient surety guaranteeing the construction of the improvements. Any necessary right -of -way required to complete the improvements will be acquired by the applicant at their expense. 10 ,— b. The improvements shall include concrete curb and gutter, intersection and curve lighting, striping and signing, paving, and any necessary transitions to the satisfaction of the City Engineer. The applicable Ventura County Road Standard Plates are as follows: 1. "A" Street shall be per Plate B -6B, modified to have 44 feet of right -of -way. "A" Street shall be a private street. 2. "B" Street shall be per Plate B -6C, modified to have 40 feet of right -of -way. "B" Street shall be a private street. All parcel access road widths shall be a minimum 20 feet wide and shall conform to Ventura County Fire Department Standards. 58. The applicant shall submit to the City for review and approval, street improvement plans including all necessary drainage facilities for an access road from the western project limits to Gabbert Road, prepared by a registered civil engineer; shall enter into an agreement with the City to complete these improvements; and shall post sufficient surety guaranteeing completion of the improvements. The access road shall be designed and constructed as shown on the vesting tentative map. The road shall be constructed of at least 3 inches of asphaltic concrete and the processed miscellaneous base thickness shall be per the soils engineer. The access road shall be constructed prior to project acceptance or occupancy of the first lot, whichever is first. 59. The applicant shall enter into an agreement with the City to improve the intersection of "A" Street and Walnut Canyon Road and shall post sufficient surety guaranteeing the completion. The intersection of "A" Street and Walnut Canyon Road shall be improved to Ventura County Standard Plate 0-6 or better. Walnut Canyon Road shall have a 12 foot southbound through lane, a 12 foot northbound through lane, a 12 foot northbound left turn lane and two 4 foot graded shoulders. "A" Street shall have a two lane 24 foot wide entrance barrel, an 18 foot raised median, a two lane 24 foot wide exit barrel, and a street light. The entry features, including all necessary pavement transitions, shall be designed to the satisfaction of the Director of Community Development and the City Engineer. The right -of -way or roadway easement for "A" Street shall be modified to include the aforementioned street section as necessary. 60. The applicant shall make a special contribution to the City representing the applicant's prorata share of the costs of improvements to the following: r a. Los Angeles Avenue - Grimes Canyon Road signal installation and appurtenant work as identified in the October 15, 1990 project traffic study. 11 b. Broadway Avenue - Walnut Canyon Road. This intersection shall be reconfigurated as identified in the October 15, 1990 project traffic study. C. Broadway Avenue - Grimes Canyon Road. This intersection shall be widened for a westbound left turn lane as identified in the October 15, 1990 project traffic study. To determine the costs of these improvements, the applicant shall first prepare conceptual plans to the satisfaction of the City Engineer. The prorata share shall be developed based on the incremental traffic added by the project, and shall be approved by the City Council prior to final map approval. The contribution shall then be paid to City, prior to final map approval. 61. The applicant shall demonstrate to the satisfaction of the City Engineer that each building pad has: a. Adequate protection from a 100 -year storm; b. Feasible access during a 10 -year storm. 62. The applicant shall submit to the City for review and approval, drainage plans, hydrologic and hydraulic calculations prepared by a registered civil engineer; shall enter into an agreement with the City to complete the improvement and shall post sufficient surety guaranteeing the construction of the improvements. The drainage plans and calculations shall indicate the following conditions before and after development: Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps and drainage courses. Hydrology shall be per current Ventura County Standards except as follows: a. all catch basins in sump locations shall be designed for a 50 -year storm; b. all catch basins on continuous grades shall be designed for a 10 -year storm; C. all catch basins in a sump condition shall be designed such that the depth of water at intake shall equal the depth of the approach flows; d. all culverts shall be designed for a 100 -year storm; e. drainage facilities shall be provided such that surface flows are intercepted and contained prior to entering collector or secondary roadways; f. for a 10 -year storm, all collector streets shall be provided with a minimum of one travel lane with a goal that local, residential streets shall have one travel lane available where possible. 12 g. Drainage to adjacent, off -site parcels shall not be increased or concentrated by this development. All drainage measures necessary to mitigate these storm water flows shall be provided by the applicant. h. Each building pad shall be protected by rip -rap or other measures where adjacent to a water course. i. The hydrologic and hydraulic calculations shall estimate mud flows and debris quantities. j. The hydrologic and hydraulic calculations shall determine if on -site detention should be provided per Ventura County Flood Control District requirements. 63. The applicant shall demonstrate legal access for each parcel to the satisfaction of the City Engineer. 64. The applicant shall deposit with the City a contribution for the Los Angeles Avenue Area of Contribution. The actual deposit shall be the then current Los Angeles Avenue Area of Contribution rate at the time of final map approval. 65. The applicant shall deposit with the City a contribution for the Gabbert Road /Casey Road Area of Contribution. The actual deposit shall be the then current Gabbert Road /Casey Road Area of Contribution rate at the time of final map approval. 66. The applicant shall deposit with the City a contribution for the Walnut Canyon Local Drainage Area. The actual deposit shall be the then current Walnut Canyon Local Drainage rate at the time of final map approval. 67. The applicant shall indicate in writing to the City Engineer, the disposition of any water well or any other well that may exist within the project. If any wells are proposed to be abandoned, or if they have been abandoned and have not been properly sealed, they must be destroyed per Ventura County Ordinance No. 2372 and any applicable Division of Oil and Gas requirements. 68. For any Final Map, or a Parcel Map (containing five or more parcels), or any Parcel Map whereupon dedications are required to be offered, the applicant 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 Engineer. 69. If any of the improvements which the applicant is required to construct or install is to be constructed or installed upon land in which the applicant does not have title or interest sufficient for such purposes, the applicant shall do all of the following at least 60 days prior to the filing of the final or parcel map for approval pursuant to Government Code Section 66457. 13 1'" a. Notify the City in writing that the applicant wishes the City to acquire an interest in the land which is sufficient for such purposes as provided in Government Code Section 66462.5; b. Supply the City with (i) a legal description of the interest to be acquired, (ii) a map or diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of Section 1250.310 of the Code of Civil Procedure, (iii) a current appraisal report prepared by an appraiser approved by the City which expresses an opinion as to the current fair market value of the interest to be acquired, and (iv) a 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. 70. The applicant shall submit to the City Engineer for review and approval, evidence that the CC &R's will include provisions for maintenance of on -site private streets, storm drains and all flowage easements within the project. 71. The applicant shall submit to the City for review and approval, an Oak Tree Report /Survey prepared by a qualified arborist, landscape architect, or other professional specializing in the morphology and care of oak trees; and shall be written in conjunction with an Oak Tree Survey. The grading plan shall incorporate the recommendations of this study. 72. The applicant shall pay all energy costs associated with street lighting for a period of one year from the initial energizing of the street lights. This condition applies to street lights on public streets only. 73. The applicant shall make a contribution of $3,000 per lot to the City for which the City may use to fund public street and traffic improvements directly or indirectly affected by the development. 74. The applicant shall post sufficient surety guaranteeing completion of all improvements which revert to the City (i.e., landscaping, parks, fencing, etc.) or which require removal (i.e., model homes, temporary debris basins, etc.). IN CONJUNCTION WITH FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 75. The applicant shall offer to dedicate on the Final Map to the City of Moorpark for public use, all right -of -way for public streets as shown on the map. 14 76. The applicant shall offer to dedicate on the Final Map access easements to the City of Moorpark over all private streets shown on the Parcel Map to provide access for all governmental agencies providing public safety, health and welfare. 77. The applicant shall dedicate on the Final Map to the City of Moorpark the access rights to Walnut Canyon Road along the entire frontage of the parent parcel except for approved access road (s) as delineated on the approved Tentative Map. 78. The applicant shall dedicate on the Final Map to the City of Moorpark, public service easements as required. 79. The applicant shall delineate areas subject to flooding as a "Flowage Easement" and then offer the areas as easements on the final map. Lot to lot drainage easements, flood hazard areas and secondary drainage easements shall also be delineated on the Map. Assurance shall be provided to the City that these easements will be adequately maintained by property owners to safely convey storm water flows. PRIOR TO ZONE CLEARANCE, THE FOLLOWING CONDITIONS SHALL APPLY: 80. 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 a watercourse is made. All necessary material required by FEMA for a map revision shall be provided to the City Engineer's office. This material will demonstrate the new 10, 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. DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLY: 81. Prior to any work being conducted within the State or City right -of- way, the applicant shall obtain an encroachment permit from the appropriate Agency. 82. If necessary, the applicant shall obtain a Ventura County Flood Control District Watercourse Encroachment Permit. 83. The applicant shall construct all necessary drainage facilities, including brow ditch and slope bench drainage channels, with a permanent earth tone color so as to minimize visual impacts. Said color shall be submitted to and approved by the Planning Director as part of the grading plans. 15 84. 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. 85. Where roads requiring 4 or more inches of pavement are to be built, the applicant shall construct the required street section minus 1 -inch of paving as an interim condition until all utility cuts or trenching are completed. The final 1 -inch cap of asphalt shall be placed after all necessary trenching is completed. 86. No trees with a trunk diameter in excess of 4 inches shall be trimmed or removed without prior approval of the Director of Community Development. PRIOR TO OCCUPANCY, THE FOLLOWING CONDITION SHALL BE SATISFIED: 87. a. If the land is in a special flood hazard area, the applicant shall notify all potential buyers of this condition. The access road to Gabbert Road shall be constructed to the City Engineer's satisfaction. PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 88. Sufficient surety guaranteeing the public improvements shall be provided. The surety shall remain in place for one year following acceptance by the City Council. 89. 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 36 ", they must be resubmitted as "as- builts" in a series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as- built" plans is required before a final inspection will be scheduled. 90. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 91. 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. FM0378.CON 11/26/90 01065/3009 S r VESTING TENTATIVE TRACT MAP NO. 4620 APPLICANT: JBH Development Company DATE: December 3, 1990 ENVIRONMENTAL MITIGATION CONDITIONS (Some of the following mitigation conditions are duplicates of City Engineer conditions previously listed but are included here to clarify all required mitigation measures.) 92. In cases where a mitigation condition conflicts with another condition of approval, the stricter condition shall apply. Geotechnical /Grading M.itiaation: 93. Prior to final map approval, the applicant shall submit to the City for review and approval a grading plan prepared by a registered civil engineer; shall obtain a grading permit; and shall post sufficient surety guaranteeing completion. Cut or fill slopes shall be no steeper than 2:1 (horizontal: vertical). Contour grading of all slopes shall be provided to the satisfaction of the Director of Community Development and City Engineer. 94. Prior to grading permit approval, the applicant shall submit to the City for review and approval, a detailed soils and geotechnical report prepared by both a civil engineer and a geotechnical engineer registered with the State of California. That report shall include a geotechnical investigation with regard to liquefaction, landslides, slope stability, expansive soils, and seismic safety. The grading plan shall incorporate the recommendations of the approved soils and geotechnical report for all infrastructure as well as all individual lots. 95. Prior to grading permit approval, review of the soils and geotechnical report by the City's geotechnical consultant shall be required. 96. The area on each lot designated for residential development (lot envelope areas) shall be shown on the final grading plan and approved by the City Engineer and Community Development Director prior to grading permit approval. The lot envelope areas on Lots 5 and 31 shall be relocated so as to minimize grading of 20 percent and greater slopes. Prior to final map approval, language shall be included in the CC &R's which restricts grading for residential structures (including swimming pools, spas, and tennis courts) to designated lot envelope areas. The approved lot envelope areas shall be graphically illustrated and described by a notation on the final map and recorded. The CC &R's shall include language clarifying that modifications to lot envelope areas shall require City of Moorpark Community Development Director approval. 17 VESTING TENTATIVE TRACT MAP NO. 4620 APPLICANT: JBH Development Company DATE: December 3, 1990 Erosion Control Mitigation: 97. Prior to grading permit approval or during construction, an erosion control plan shall be submitted for review and approval if grading is to occur between October 1st and April 15th. Along with the erosion control measures, hydroseeding of all graded slopes shall be required within 60 days of completion of grading. Landscaping and permanent irrigation of all graded slopes shall be provided to the satisfaction of the Community Development Director and City Engineer. Air Quality Mitigation: The following measures shall be applicable during construction: 98. The applicant shall ensure that contractors properly maintain and operate construction equipment and use direct injection diesel engines or gasoline powered engines if feasible. 99. Dust generation produced during grading shall be suppressed by rte. the following activities: a. All active portions of the construction site shall be watered sufficiently to prevent excessive amounts of dust. Complete coverage watering shall occur at least twice daily, preferably in the late morning and after work is done for the day. b. All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. C. All trucks importing or exporting fill to or from the site shall use tarpaulins to cover the load and shall operate between the hours of 9 a.m. to 5 p.m. on weekdays only. d. All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds greater than 20 miles per hour (mph) averaged over one hour so as to prevent excessive amounts of dust. e. All unimproved areas with vehicle traffic shall be watered periodically and the vehicle speed shall be limited to 15 mph. f. Streets adjacent to the area being graded shall be swept as needed to remove silt which may have accumulated from construction activities so as to prevent excessive amounts of dust. 18 VESTING TENTATIVE TRACT MAP N0. 4620 APPLICANT: JBH Development Company DATE: December 3, 1990 g. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized at all times. Drainage Impact Mitigation: 100. Prior to grading permit approval, the applicant shall submit to the City Engineer for review and approval, drainage plans, hydrologic and hydraulic calculations prepared by a registered civil engineer; shall enter into an agreement with the City to complete the improvement and shall post sufficient surety guaranteeing the construction of the improvements. The drainage plans and calculations shall indicate the following conditions before and after development: Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps and drainage courses. Hydrology shall be per current Ventura County Standards except as follows: a. All catch basins in sump locations shall be designed for a 50 -year storm; b. All catch basins on continuous grades shall be designed for a 10 -year storm; C. All catch basins in a sump condition shall be designed such that the depth of water at intake shall equal the depth of the approach flows; d. All culverts shall be designed for a 100 -year storm; e. Drainage facilities shall be provided such that surface flows are intercepted and contained prior to entering collector or secondary roadways; f. For a 10 -year storm, all collector streets shall be provided with a minimum of one travel lane with a goal that local, residential streets shall have one travel lane available where possible. g. Drainage to adjacent, off -site parcels shall not be increased or concentrated by this development. All drainage measures necessary to mitigate these storm water flows shall be provided by the applicant. h. Each building pad shall be protected by rip -rap or other measures where adjacent to a water course. 19 VESTING TENTATIVE TRACT MAP NO. 4620 APPLICANT: JBH Development Company DATE: December 3, 1990 i. The hydrologic and hydraulic calculations shall estimate mud flows and debris quantities. J. The hydrologic and hydraulic calculations shall determine if on -site detention should be provided per Ventura County Flood Control District requirements. 101. Prior to final map approval, the applicant shall deposit with the City a contribution for the Walnut Canyon Local Drainage Area. The actual deposit shall be the then current Walnut Canyon Local Drainage rate at the time of final map approval. 102. Prior to final map approval, the applicant shall submit to the City Engineer for review and approval, evidence that the CC &R's will include provisions for maintenance of on -site storm drains, all flowage easements, and dams within the project limits. Flood Hazard Mitigation: 103. Prior to grading permit approval, the lot envelope plan shall be revised as necessary to ensure that residential structures are set back a minimum of 100 feet from the west bank of Walnut Creek. 104. Prior to final map approval, the applicant shall demonstrate to the satisfaction of the City Engineer that each building pad has adequate protection from a 100 -year storm and feasible access during a 10 -year storm. Biological Mitigation: 105. Prior to final map approval, the CC &R's shall be reviewed to ensure that the following restrictions are included: Vegetation removal /disturbance for residential structures (including swimming pools and tennis courts) and landscaping shall be restricted to approved lot envelope areas. Animal enclosure fencing, corrals, stables, or vehicular access to the animal containment areas, may be permitted outside of lot envelope areas; however, no coastal sage scrub vegetation or native oak trees shall be removed to allow construction of animal containment improvements. F 106. The applicant shall comply with Ordinance No. 101 (relating to the preservation, cutting, and removal of historic trees, native oak trees and mature trees) prior to approval of a 20 VESTING TENTATIVE TRACT MAP NO. 4620 APPLICANT: JBH Development Company DATE: December 3, 1990 grading permit. If any "mature" or "native oak tree ", as defined in Ordinance No. 101, will be removed in association with development of the project, it shall be replaced at a minimum ratio of 5:1. The size of the replacement trees shall be determined by the value of the trees removed as clarified in Ordinance No. 101. Any trees removed off -site as a result of construction of the Gabbert Road access connection shall be replaced at a minimum ratio of 2:1. The replacement trees shall be the same type as that removed and shall be a minimum size of 15 gallons. Tree replacement would need to be accomplished to the satisfaction of the Community Development Director prior to final map approval. 107. Prior to final map approval, the CC &R's shall be reviewed to ensure that the following restriction is included: Off -road vehicle use within the subdivision shall be prohibited. Signs prohibiting off -road vehicle use shall be posted near the two gated entrances to the subdivision. 108. Prior to final map approval, the CC &R's shall be reviewed to ensure that the following restriction is included: Use of non - native invasive plants shall be prohibited. Light and Glare Mitigation: 109. Street lighting shall be restricted to intersection areas and curved sections of the road where there is a safety concern. The street lighting plan shall be approved by the City Engineer and the Community Development Director prior to grading permit approval. 110. Prior to final map approval, the CC &R's shall be reviewed to ensure that the following restriction is included: All exterior lighting fixtures shall be approved in writing by the Architectural Control Committee and all such fixtures shall be designed and installed so as to mitigate to the fullest extent possible any offensive glare to other properties within and outside of The Ranches of Aspen Ridge subdivision. 21 ' VESTING TENTATIVE TRACT MAP NO. 4620 APPLICANT: JBH Development Company DATE: December 3, 1990 Hazardous Substance Mitigation: 111. Contaminated or hazardous soil shall not be used for on -site soil fill or roadway subgrade. Prior to final map approval, any contaminated or hazardous soil shall be removed to an approved landfill. Transportation /Circulation Mitigation: 112. In recognition of the need for public street and traffic improvements to meet the demand generated by cumulative development in the City, prior to final map approval the applicant shall deposit with the City a $3,000 contribution per lot to provide funds for such improvements. 113. Prior to final map approval, the applicant shall deposit with the City a contribution for the Los Angeles Avenue Area of Contribution. The actual deposit shall be the then current Los Angeles Avenue Area of Contribution rate at the time of final map approval. 114. Prior to final map approval, the applicant shall deposit with the City a contribution for the Gabbert Road /Casey Road Area of Contribution. The actual deposit shall be the then current Gabbert Road /Casey Road Area of Contribution rate at the time of final map approval. 115. Prior to final map approval, the applicant shall submit to the City for review and approval, street improvement plans including all necessary drainage facilities for an access road from the western project limits to Gabbert Road, prepared by a registered civil engineer; shall enter into an agreement with the City to complete these improvements; and shall post sufficient surety guaranteeing the completion of the improvements. The access road shall be designed and constructed as shown on the Vesting Tentative Map. The road shall be constructed of at least 3 inches of asphaltic concrete and the processed miscellaneous base thickness shall be per the soils engineer's recommendation. The access road shall be constructed prior to project acceptance or occupancy of the first lot, whichever is first. 116. Prior to final map approval, the applicant shall make a contribution to the City representing the applicant's prorated share of the costs of improvements to the following: a. Los Angeles Avenue - Grimes Canyon Road signal installation and appurtenant work as identified in the October 15, 1990, Traffic Study. 22 r VESTING TENTATIVE TRACT MAP NO. 4620 APPLICANT: JBH Development Company DATE: December 3, 1990 b. Broadway Avenue - Walnut Canyon Road. This intersection shall be reconfigured as identified in the October 15, 1990, Traffic Study. C. Broadway Avenue - Grimes Canyon Road. This intersection shall be widened for a westbound left turn lane as identified in the October 15, 1990, Traffic Study To determine the costs of these improvements, the applicant shall first prepare conceptual plans to the satisfaction of the City Engineer. Aesthetics Mitiaation: 117. Prior to final map approval, the applicant shall work with Waterworks District 1 to ensure that any water tank on the project site has been painted an earthtone color, such as tan, and screened with landscaping to minimize visual impacts. The tank color and proposed landscaping plan shall be approved by the Director of Community Development prior to installation. PLANNING COMMISSION CONDITIONS - December 3, 1990 118. The portions of Conditions 13, 16, 26, 42, and 106 requiring performance to occur prior to approval of a Final Map are amended by deleting said requirement and substituting the requirement that prior to Final Map approval the applicant and the City shall enter into a development agreement, or contract acceptable to the City Attorney, to complete said performance prior to approval of a Zoning Clearance for any residential structure on any lot. 119. The Final Map shall show all equestrian easements and the CC &R's shall include the following language: The Homeowners Association shall cooperate and work in good faith with the City of Moorpark, Santa Monica Mountains Conservancy, and other governmental agencies to develop a trail system including the equestrian trails in the subdivision for use by the general public. All equestrian easements shown on the Final Map shall be maintained as trails, and no structures, fencing, or landscaping shall be placed within these easements. 23 i*W 2 TENTATIVE TRACT NAP NO. 4620 MITIGATION MEASURES AND MONITORING PROGRAM (Revised 11- 27 -90) Geotechnical / Gradino Mitigation: 1. Prior to final map approval, the applicant shall submit to the City for review and approval a grading plan prepared by a registered civil engineer; shall obtain a grading permit; and shall post sufficient surety guaranteeing completion. Cut or fill slopes shall be no steeper than 2:1 (horizontal: vertical). Contour grading of all slopes shall be provided to the satisfaction of the Director of Community Development and City Engineer. 2. Prior to grading permit approval, the applicant shall submit to the city for review and approval, a detailed soils and geotechnical report prepared by both a civil engineer and a geotechnical engineer registered with the State of California. That report shall include a geotechnical investigation with regard to liquefaction, landslides, slope stability, expansive soils, and seismic safety. The grading plan shall incorporate the recommendations of the approved soils and geotechnical report for all infrastructure as well as all individual lots. 3. Prior to grading permit approval, review of the soils and geotechnical report by the City's geotechnical consultant shall be required. 4. The area on each lot designated for residential development (lot envelope areas) shall be shown on the final grading plan and approved by the City Engineer and Community Development Director prior to grading permit approval. Prior to final map approval, language shall be included in the CC &R's which restricts grading for residential structures (including swimming pools, spas, and tennis courts) to designated lot envelope areas. The approved lot envelope areas shall be graphically illustrated and described by a notation on the final map and recorded. The CC &R's shall include language clarifying that modifications to lot envelope areas shall require City of Moorpark Community Development Director approval. Monitoring: Prior to final map approval, the Community Development Department and the City Engineer's Office will review the submitted grading plan, soils and geotechnical report, and the comments from the City's geotechnical consultant and shall ensure that all aspects of grading including site preparation, grading and fill placement, keying and benching will be done in accordance with the City of - Moorpark Grading Ordinance and in accordance with Building Code requirements. The City Engineer and Community Development Director will review and approve the lot envelope areas for residential structures in conjunction with grading permit approval. l" Erosion Control Mitigation: An erosion control plan shall be submitted for review and approval if grading is to occur between October 1st and April 15th. Along with the erosion control measures, hydroseeding of all graded slopes shall be required within 60 days of completion of grading. Landscaping and permanent irrigation of all graded slopes shall be provided to the satisfaction of the Community Development Director and City Engineer. Monitoring: Prior to approval of the grading permit, the City Engineer will make a determination as to whether this condition shall be imposed. Air Ouality Mitigation: 1. The applicant shall ensure that contractors properly maintain and operate construction equipment and use direct injection diesel engines or gasoline powered engines if feasible. 2. Dust generation produced during grading shall be suppressed by the following activities: a. All active portions of the construction site shall be watered sufficiently to prevent excessive amounts of dust. Complete coverage watering shall occur at least twice daily, preferably in the late morning and after work is done for the day. b. All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. C. All trucks importing or exporting fill to or from the site shall use tarpaulins to cover the load and shall operate between the hours of 9 a.m. to 5 p.m. on weekdays only. d. All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds greater than 20 miles per hour (mph) averaged over one hour so as to prevent excessive amounts of dust. e. All unimproved areas with vehicle traffic shall be watered periodically and the vehicle speed shall be limited to 15 mph. f. Streets adjacent to the area being graded shall be swept as needed to remove silt which may have accumulated from construction activities so as to prevent excessive amounts of dust. g. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized at all times. 2 Monitoring: Dust control mitigation measures are enforced by the Air Pollution Control District and by the City Engineer's Office during the grading and infrastructure construction period. Drainage Impact Mitigation: 1. Prior to grading permit approval, the applicant shall submit to the City Engineer for review and approval, drainage plans, hydrologic and hydraulic calculations prepared by a registered civil engineer; shall enter into an agreement with the City to complete the improvement and shall post sufficient surety guaranteeing the construction of the improvements. The drainage plans and calculations shall indicate the following conditions before and after development: Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps and drainage courses. Hydrology shall be per current Ventura County Standards except as follows: a. All catch basins in sump locations shall be designed for a 50 -year storm; b. All catch basins on continuous grades shall be designed for a 10 -year storm; C. All catch basins in a sump condition shall be designed such that the depth of water at intake shall equal the depth of the approach flows; d. All culverts shall be designed for a 100 -year storm; e. Drainage facilities shall be provided such that surface flows are intercepted and contained prior to entering collector or secondary roadways; f. For a 10 -year storm, all collector streets shall be provided with a minimum of one travel lane with a goal that local, residential streets shall have one travel lane available where possible. g. Drainage to adjacent, off -site parcels shall not be increased or concentrated by this development. All drainage measures necessary to mitigate these storm water flows shall be provided by the applicant. h. Each building pad shall be protected by rip -rap or other measures where adjacent to a water course. i. The hydrologic and hydraulic calculations shall estimate mud flows and debris quantities. 3 j. The hydrologic and hydraulic calculations shall determine if on -site detention should be provided per Ventura County Flood Control District requirements. 2. Prior to final map approval, the applicant shall deposit with the City a contribution for the Walnut Canyon Local Drainage Area. The actual deposit shall be the then current Walnut Canyon Local Drainage rate at the time of final map approval. 3. Prior to final map approval, the applicant shall submit to the City Engineer for review and approval, evidence that the CC &R's will include provisions for maintenance of on -site storm drains and all flowage easements within the project. Monitoring: The City Engineer will ensure that these conditions have been complied with prior to final map approval. Flood Hazard Mitigation: 1. Residential structures shall be set back a minimum of 100 feet from the west bank of Walnut Creek. 2. Prior to final map approval, the applicant shall demonstrate to the satisfaction of the City Engineer that each building pad has adequate protection from a 100 -year storm and feasible access during a 10 -year storm. Monitoring: Prior to approval of the grading plan, the Community Development Department will review the lot envelope plan to ensure that an setback from Walnut Creek has been provided, and prior to approval of the final map, the CC &R's will be reviewed to ensure that the lot envelope plan includes this flood zone setback. The City Engineer's Office will review proposed building pads to ensure adequate flood protection prior to final map approval. Biolocical Mitigation: 1. Vegetation removal /disturbance for residential structures (including swimming pools and tennis courts) and landscaping shall be restricted by the CC &R's to lot envelope areas identified on Exhibit C to this Initial Study. Animal enclosure fencing, corrals, or stables may be permitted outside of lot envelope areas subject to the following restriction which shall be included in the CC &R's: No coastal sage scrub vegetation or native oak trees may be removed to allow construction of animal containment improvements including fencing, corrals, stables, or vehicular access to the animal containment area. 4 2. The applicant shall comply with Ordinance No. 101 (relating to the preservation, cutting, and removal of historic trees, native oak trees and mature trees) prior to approval of a grading permit. If any "mature" or "native oak tree ", as defined in Ordinance No. 101, will be removed in association with development of the project, it shall be replaced at a minimum ratio of 5:1. The size of the replacement trees shall be determined by the value of the trees removed as clarified in Ordinance No. 101. Any trees removed off -site as a result of construction of the Gabbert Road access connection shall be replaced at a minimum ratio of 2:1. The replacement trees shall be the same type as that removed and shall be a minimum size of 15 gallons. Tree replacement shall be accomplished to the satisfaction of the Community Development Director prior to approval of a Zoning Clearance for any residential structure on any lot. 3. The CC &R's shall prohibit off -road vehicle use within the subdivision. Signs prohibiting off -road vehicle use shall be posted near the two gated entrances to the subdivision. 4. The CC &Rls shall include a restriction prohibiting use of non- native invasive plants. Monitoring: The Community Development Department shall review the grading permit to ensure that lot grading is consistent with the lot envelope areas identified on Exhibit A, and shall review the CC &R's to ensure that the first two biological mitigation conditions listed above are included prior to final map approval. The Community Development Department shall ensure that Ordinance No. 101 is complied with prior to Grading Permit approval and shall ensure that replacement of trees is accomplished prior to final map approval. The Community Development Department shall review the CC &Rls to verify that off -road vehicles use is prohibited and shall do a field inspection to ensure that the signs are installed prior to final map approval. The Community Development Department shall review the project CC &R's to ensure that a restriction prohibiting use of non- native invasive plants has been included prior to final map approval. Light and Glare Mitigation: 1. Street lighting shall be restricted to intersection areas and curved sections of the road where there is a safety concern. The street lighting plan shall be approved by the City Engineer and the Community Development Director prior to grading permit approval. 2. The CC &R's shall include a statement requiring all exterior lighting fixtures be approved in writing by the Architectural Control Committee and requiring that such fixtures be designed and installed so as to mitigate to the fullest extent possible any offensive glare to other properties within and outside of The Ranches of Aspen Ridge subdivision. Monitoring: The Community Development Director and City Engineer shall review and approve the street lighting plan prior to grading permit approval, and the Community Development Director will review the CC &R's prior to final map approval to ensure that offensive glare will be controlled. Hazardous Substance Mitigation: Contaminated or hazardous soil shall not be used for on -site soil fill or roadway subgrade. Prior to final map approval, any contaminated or hazardous soil shall be removed to an approved landfill. Monitoring: The City Engineer's Office will ensure that this condition has been ' complied with prior to final map approval. Transportation /Circulation Mitigation: 1. In recognition of the need for public street and traffic improvements to meet the demand generated by cumulative development in the City, prior to final map approval the applicant shall execute a covenant running with the land on behalf of itself and its successors, heirs, and assigns agreeing to participate in the formation of and be subject to any assessment district or other financing technique including but not limited to the payment of traffic mitigation fees, to provide funds for such improvements, should such a mechanism be established by the City. The City may require payment of a one -time fee prior to Final Map approval in lieu of execution of a covenant. 2. Prior to final map approval, the applicant shall deposit with the City a contribution for the Los Angeles Avenue Area of Contribution. The actual deposit shall be the then current Los Angeles Avenue Area of Contribution rate at the time of final map approval. 3. Prior to final map approval, the applicant shall deposit with the City a contribution for the Gabbert Road /Casey Road Area of Contribution. The actual deposit shall be the then current Gabbert Road /Casey Road Area of Contribution rate at the time of final map approval. 0 4. Prior to final map approval, the applicant shall submit to the City for review and approval, street improvement plans including all necessary drainage facilities for an access road from the western project limits to Gabbert Road, prepared by a registered civil engineer; shall enter into an agreement with the City to complete these improvements; and shall post sufficient surety guaranteeing the completion of the improvements. The access road shall be designed and constructed as shown on the Vesting Tentative Map. The road shall be constructed of at least 3 inches of asphaltic concrete and the processed miscellaneous base thickness shall be per the soils engineer's recommendation. The access road shall be constructed prior to project acceptance or occupancy of the first lot, whichever is first. S. Prior to final map approval, the applicant shall make a contribution to the City representing the applicant's prorated share of the costs of improvements to the following: a. Los Angeles Avenue - Grimes Canyon Road signal installation and appurtenant work as identified in the October 15, 1990, Traffic Study. b. Broadway Avenue - Walnut Canyon Road. This intersection shall be reconfigured as identified in the October 15, 1990, Traffic Study. c. Broadway Avenue - Grimes Canyon Road. This intersection shall be widened for a westbound left turn lane as identified in the October 15, 1990, Traffic Study To determine the costs of these improvements, the applicant shall first prepare conceptual plans to the satisfaction of the City Engineer. Monitoring: Area of contribution funds will be collected by the City Engineer's Office prior to final map approval. The amount to be collected as the prorated share of improvements shall be approved by the City Council and collected by the City Engineer's Office prior to final map approval. The Community Development Department will ensure that the required covenant is executed or fee is collected prior to final map approval and that the access road improvements have been completed to the satisfaction of the City Engineer prior to approval of the first occupancy. Aesthetics Mitigation: r Prior to final map approval, the applicant shall work with Waterworks District 1 to ensure that any water tank on the project site has been painted an earthtone color, such as tan, and screened with landscaping to minimize visual impacts. 7 Monitoring: The Community Development Department shall not recommend final map approval until this mitigation measure has been complied with to the satisfaction of the Community Development Director.