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HomeMy WebLinkAboutRES 1995 312 1030f RESOLUTION NO. PC -95 -312 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MDORPARx, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL FOR VESTING TENTATIVE TRACT MAP NOS. 4973 AND 4974 ON THE APPLICATION OF C.T. FINANCIAL (ASSESSOR PARCEL NOS. 500- 35 -15, 500- 35 -33, 512- 15 -60, 513- 05 -11, 500 -35 -034 AND 500 -35 -041) Whereas, at a duly noticed public hearing on October 9, 1995, the Planning Commission considered the application filed by C.T. Financial requesting approval of the following: Vesting Tentative Tract Map No. 4973, which consists of the northern portion of the Specific Plan, contains the following lots: Vesting Tentative Tract Map No. 4973 Lot No. Acres Planning Area Planning Area Lot 1 29.0 SR /C /BP Lot 2 11.0 SR /C /BP Lot 3 89.8 Area B Lot 4 33.0 SR /C /BP OS -1 26.0 Area Natural Park 9.0 4 OS -2 7.4 I Vesting Tentative Tract Map No. 4974, which consists of the southern portion of the Carlsberg Specific Plan, contains the following lots: Vesting Tentative Tract MaD No 4974 Lot No. Acres Planning Area Lot 1 82.2 Area C Lot 2 57.4 Area D Lot 3 3.0 Area I Lot 4 4.0 Area I Lot 5 110.3 Area A Park 6.5 0 -S Lot 2.0 Whereas, the Planning Commission after review and consideration of the information contained in the staff report dated October 9, 1995, the the Final EIR prepared for the Carlsberg Specific Plan, the Mitigating Reporting and Monitoring Program and testimony, and has found that A:\TRACT.RES 1 the environmental effects discussed in the Subsequent EIR prepared for the Amended Carlsberg Specific Plan and the environmental effects of these proposed subdivisions are sufficiently similar to warrant the use of the Subsequent EIR, and has reached its decision on this matter; and Whereas, at its meeting of October 9, 1995, the Planning Commission opened the public hearing, took testimony from all those wishing to testify, and closed the public hearing; and NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission hereby adopts the following findings: 1. Determine that the environmental effects discussed in the Subsequent EIR prepared for the Amended Carlsberg Specific Plan and the environmental effects of these proposed subdivisions are sufficiently similar to warrant the use of the Subsequent EIR. 2. In order to reduce the adverse impacts of these projects, mitigation measures discussed in the Subsequent Environmental Impact Report, Amended Carlsberg Specific Plan prepared for the Amended Carlsberg Specific Plan as t well as the Settlement Agreement have been incorporated into the proposed projects. Subdivision Mat) Act Findings 1. The proposed maps are consistent with the applicable general and specific plans. 2. That the design and improvements of the proposed subdivisions are consistent with the applicable general and specific plans. 3.. The site is physically suitable for the type of development proposed. 4. The design of the subdivisions and the proposed improvements are not likely to cause substantial environmental damage. 5. The design of 'the subdivisions and the type of improvements are not likely to cause serious public health problems. 6. The design of the subdivisions and the type of improvements would not conflict with easements acquired by the public at large, for access through, or use of the A:\TRACT.RES 2 �- property within the proposed subdivisions. 7. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et sec. SECTION 2. The Planning Commission does hereby find that the aforementioned projects are consistent with the City's General Plan and the Carlberg Specific Plan. SECTION 3. That the Planning Commission hereby recommends to the City Council conditional approval of Vesting Tentative Tract Map Nos. 4973 and 4974 on the application of C.T. Financial subject to compliance with all of the following conditions: Vesting Tentative Tract Man No 4973 DEPARTKKUT OF COMMONITr DEVELOPMENT CONDITIONS NOTE: THE FOLLOWING REFERENCES ARE USED IN THE CONDITIONS OF APPROVAL: SA (SET'TIM[ENT AGREEMENT), SP(SPECIFIC PLAN), SEIR(SDBSEQUENT ENVIRONMENTAL IMPACT REPORT), OTHER REFERENCES AM FROM THE MITIGATION MONITORING PROGRAM FOR THE AMENDED SPECIFIC PLAN v- GENERAL REQUIREMENTS: 1. The conditions of approval of this Tentative Map and all provisions of the Subdivision Map Act, City of Moorpark Ordinance and adopted City policies supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map. 2. If the map is to record in phases, it shall be recorded in phases consistent with the approved phasing plan in the Specific Plan. 3. 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. 4. A notation which references approved conditions of approval shall be included on the Final Map in a format acceptable to the Director of Community Development. 5. All applicable requirements of any law or agency of the State, City of Moorpark and any other governmental entity shall be met, and all such requirements and enactments shall, by reference, become conditions of this entitlement. 6. No condition of this entitlement shall be interpreted as A:\TRACT.RES 3 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. 7. 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. B. This Tentative Map shall expire 3 years from the date of,its approval. The Director of Community Development may, at his discretion, grant up to two (2) additional one (1) year extensions for map recordation, if there have been no changes in the adjacent areas and if applicant can document that he has diligently worked towards map recordation during the initial period of time. The request for extension of this entitlement shall be made in writing, at least 30 -days prior to the expiration date of the permit. 9. As of the date of recordation of final map, the lots /parcels depicted thereon shall meet the requirements of the Zoning Ordinance and Specific Plan then applicable to the property. Conditional approval of the tentative map shall neither limit the power of the legislative body to amend the applicable zoning ordinances and /or Specific Plan nor compel the legislative body to make any such amendment, except as provided in the Settlement Agreement dated September 7, 1994. 10. No asbestos pipe or construction materials shall be used within this subdivision. 11. The subdivider shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the subdivision, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The City will promptly notify the subdivider of any such claim, action or proceeding, and, if the City should fail to do so or should fail to cooperate fully in the defense, the subdivider shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: The City bears its own attorney fees and costs; A:\TRACT.RES 4 The City defends the claim, action or proceeding in good faith. The subdivider shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the subdivider. The subdivider s obligations under this condition shall apply regardless of whether a final map or parcel map is ultimately recorded with respect to the subdivision. 12. The subdivider shall submit to the Department of Community Development and the City Engineer for review a current title report which clearly states all interested parties and lenders included within the limits of the subdivision as well as any easements that affect the subdivision. CONCURRENT RECORDATION 13. Tract Map No. 4973 shall be recorded concurrently with Tract Map No. 4974, or Tract Map No. 4974 shall record first. DEVELOPMENT FEE 14. As a condition of the issuance of a building permit for each residential, commercial or industrial use within the boundaries of the Amended Specific Plan, the applicant shall pay the City, except as provided in Section 12 of the Settlement Agreement, a Development Fee as described herein (the "Development Fee") and any Capital Development Fee adopted by the City Council on or before April 30, 1995 and imposed on similar construction. The Development Fee may be expended by the City in their sole and unfettered discretion. On the effective date of the Settlement Agreement, the Fee shall be $1,587 per residential unit and $4,443 per gross acre of Sub- Regional /Commercial (SR /C) or business Park (BP) land which the commercial or industrial use is located. Commencing on the first day of the month following the month in which the Settlement Agreement became effective, the amount of the Development Fee shall increase by one -half of one percent (0.5%) per month on the first day of the month ( "monthly indexing "). Institutional uses, whether or not exempt from secured property taxes, shall be exempt from the fee. The Development Fee for commercial and industrial uses is intended to result in a total payment to the City of not less than $324,339 on the effective date of the Settlement Agreement and is based upon the assumption that seventy -three (73) gross acres are subdivided into lots for SR /C or BP usage, the Development Fee for commercial and industrial uses shall be adjusted from $4,443 per gross acre to an amount per gross acre that would result in a total payment of $324,339, excluding the monthly indexing. The acreage shall be A:\TRACT.RES 5 determined from the Initial Map, as hereinafter defined in this paragraph, or the Subsequent Map, as hereinafter defined in this paragraph, which is in effect on the Adjustment Date. The Adjustment Date shall mean the date upon which the first building permit "is issued for any commercial or industrial uses within the boundaries of Tentative Tract Map No. 4785 or a subdivision Map that is recorded in lieu of the Tentative Tract Map 4785 (collectively the Initial Map) or the date upon which the first subdivision map containing an SR /C or BP use lot of ten (10) acres or less is recorded over all, or part of, the Initial Map 4785 (the "Subsequent Map "), whichever occurs first. The total amount of $324,339, as increased by the monthly indexing, shall be paid in full to the City no later than the tenth(10th) anniversary of the issuance of the first building permit for any commercial or industrial use within the boundaries of the Subsequent Map, whichever occurs first. The Initial Map and Subsequent Map shall be so conditioned. (SA -5 &6) PARR I PJOVMUM FEE 15. As a condition of the issuance of a building permit for each commercial or industrial use within the boundaries of the Amended Specific Plan, the developer shall pay the City a fee, in an amount set by resolution of the City Council, to be used for park improvements within the City of Moorpark. The amount of the fee shall be the same as that paid for other commercial and industrial uses, but in no event shall the fee exceed fifty cents ($.50) per square foot of gross floor area. Institutional uses shall pay on the same basis as commercial and industrial uses, except that institutional uses which are exempt from secured property taxes shall be .exempt from the fee. (SA -5) 16. Every effort shall be made to use reclaimed water to irrigate temporary erosion control landscaping and for dust control of grading operations. Sufficient proof shall be given to the Director of Community Development that using reclaimed water is physically or economically not feasible prior to the Director's decision to dispose with this condition. 17. Temporary irrigation shall be provided for all non permanent erosion control landscaping until it is replaced with permanent irrigation unless otherwise approved by the Director of Community Development. Temporary irrigation must be replaced with permanent irrigation prior to issuance of a zoning Clearance for the first building unless drought tolerant plants selected do not require irrigation. A:\TRACT.RES !- 18. Landform and grading design shall be consistent with the City of Moorpark grading standards in effect on September 7, 1994. 19. Manufactured landforms shall be contoured and use daylight grading techniques to provide a smooth and gradual transition of graded and natural slopes, while preserving the basic character of the site. 20. Planned structures, roadways, paths, vegetation, irrigation and continuing maintenance programs shall be used to stabilize manufactured slopes. 21. Suitable quantities of trees massed near the landform crest and shrubs of varying sizes on graded slopes shall be used to screen structures and to soften the visual appearance of the graded slope. 22. Grading shall emphasize scenic vistas to the opbn space areas. 23. Concrete drainage structures shall be tan colored concrete and, to the extent possible, shall incorporate natural structure and landscape to reduce their visibility. Landscaping 24. Prior to grading permit approval a complete landscape plan (2 !' sets), together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect, generally in accordance with the Specific Plan and the City of Moorpark Guide to Landscape Plans, and shall be submitted to the Director of Community Development for review and approval. All streetscape landscaping shall be completed within 90 days of completion of the related course street base. a. The landscape plan shall include planting and irrigation specifications for manufactured slopes over three (3) feet in height, and all common areas proposed to be maintained by the owners, association, maintenance district, or similar entity. b. The purpose of the landscaping shall be to control erosion, prevent aesthetic impacts to adjacent property owners, mitigate the visual impacts of all manufactured slopes three (3) feet or more in height, and to replace mature trees lost as a result of construction. c. The subdivider shall bear the cost of the landscape plan review, installation of the landscaping and irrigation system, and of final landscape inspection. d. The landscaping shall be in place and receive final inspection prior to final inspection of the Grading r^ A:\TRACT.RES 7 Permit or prior to occupancy if the slope is within a residential lot. e. The final design of all sidewalks, barrier walls, streetscape elements, urban landscaping, and pedestrian paths within the project limits shall be consistent with the Specific Plan and are subject to approval of the Director of Community development. f. Backflow preventers, transformers, or other exposed utilities shall be shown on. the landscape plan(s) and shall be screened with landscaping and /or a wall. Backflow preventers shall be installed within ten (10) feet from the water meter or as close as practical. It shall be a minimum of 12 inches above grade and not more than 36 inches measured from the bottom of the devise and with a minimum 12 inch side clearance. g. All landscaped pedestrian walkways shall be designed to provide an aesthetically pleasing streetscape appearance. All pedestrian walkway plans shall be subject to approval of the Director of Community Development. h. Landscaping at site entrances and exits and at any intersection within the development shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. i. Irrigation shall be provided for all permanent landscaping identified in the approved landscape plan unless drought tolerant plant do not require irrigation. The subdivider shall be responsible for maintaining the irrigation system and all landscaping until such time as a owners' association, maintenance district, or similar entity accepts the responsibility. Prior to Owners' Association, maintenance district's, or similar entity's acceptance of responsibility for the landscaping, the subdivider shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the subdivision. k. The subdivider shall agree to provide the necessary maintenance easements to the City for those designated common landscape areas. 1. The subdivider shall maintain the right to protest the amount and spread of any proposed assessment in relation to the formation of a landscape maintenance assessment district, if and when created by the City. (The subdivider shall record a covenant to this effect). A:\TRACT.RES M. Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. n. The subdivider shall provide an irrevocable offer of dedication of easements adjacent to public and private roads for all slope areas adjacent to roadways that are proposed to be landscaped. o. The use of native and /or drought- tolerant shrubs and trees shall be utilized for landscaping purposes in order to stabilize graded slopes and encourage the return of some wildlife species displaced from the project site as a result of grading activities. p. Exotic plants which are known to spread beyond their original plantings and invade native habitats such as Pampus Grass, Spanish Broom, and Tamarisk shall not be used. q. Prior to recordation, the final parcel map shall indicate all landscape planting and maintenance easements. Said easement shall encompass all man -made slopes adjacent to �- said lots. Utility Avencv Reauirements 25. 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. 26. Prior to approval of a Final Map, an unconditional availability letter shall be obtained from the County Waterworks District No. 1 for sewer and water service for each lot. Said letter shall be filed with the Department of Community Development or, if said Unconditional Availability Letter in a form satisfactory to the City cannot be obtained from the County Waterworks District No. 1, the developer shall execute a Subdivision Sewer Agreement in a form satisfactory to the City. Said agreement shall permit deferral of unconditional guarantee for sewer and water service until issuance of a building permit for each lot in the subdivision. Said agreement shall include language holding the City harmless against damages in the event of the ultimate lack of adequate water or sewer service. A:\TRACT.RES 9 r /I- 27. 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. 28. Prior to approval of a final map, the subdivider shall post sufficient surety bond to assure that all proposed utility lines within and immediately adjacent to the project site shall be placed 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 66 KVA or larger power lines. The subdivider shall indicate in writing how this condition will be satisfied. nt for Wildlife Guzzler 29. Based on the recommendation of a qualified biologist, the subdivider shall install a wildlife guzzler in the open space within the site for wildlife, as recommended by a qualified biologist in either Tract 4973 or Tract 4974. All plans for the guzzler shall be reviewed and approved by the City prior to issuance of grading permits. Fees. Contributions and Deposits 30. Prior to approval of the final map, the subdivider shall submit a deposit for condition compliance review. 31. Prior to approval of the final map, the subdivider shall pay all outstanding case processing, environmental documentation costs, and all City legal service fees and administrative costs. 32. As a condition of the issuance of a building permit for each residential, commercial or industrial use within the bound- aries of the Amended Specific Plan, Plaintiffs shall pay City a mitigation fee (the "Mitigation Fee "). The Mitigation Fee shall be Two Thousand Dollars ($2,000) per residential unit. The Mitigation Fee shall be Eleven Thousand Two Hundred Dollars ($11,200) per gross acre of the Sub - Regional /Commercial (SR /C) or Business Park (BP) lot on which the commercial or industrial use is located. Commencing on January 1, 1997, and annually thereafter, both categories of the Mitigation Fee shall be increased or decreased to reflect the change in the Highway Bid Price Index for the twelve (12) month period that is reported in the latest issue of the Engineering News Record that is available on December 31st of the preceding year ( "annual indexing "), but in no event shall either category of Mitigation Fee be decreased below the original dollar amount specified herein. Institutional uses shall pay on the same basis as commercial and industrial uses, A:\TRACT.RES 10 except that institutional uses which are exempt from secured property taxes shall be exempt from the fee. (SA -7) 33. The Mitigation Fee for commercial and industrial uses is intended to result in a total payment to City of not less than $817,600 and is based upon the assumption that seventy -three (73) gross acres will be developed with SR /C and /or BP uses; to wit: $817,600 + 73 gross acres = $11,200 per gross acre. If, on the Adjustment Date, as hereinafter defined in this paragraph, more or less than 73 gross acres are subdivided into lots for SR /C and /or BP usage, the Mitigation Fee for commercial and industrial uses shall be adjusted from $11,200 per gross acre to an amount per gross acre that will result in the total payment of $817,600; provided, however, if the Adjustment Date occurs on or after January 1, 1997, said total payment amount shall be subject to the annual indexing, but in no event shall it be decreased below the original dollar amount specified herein. The acreage shall be determined from the Initial Map, as hereinafter defined in this paragraph, or the Subsequent Map, as hereinafter defined in this paragraph, which is in effect on the Adjustment Date. The Adjustment Date shall mean the. date upon which the first building permit is issued for any commercial or industrial use within the boundaries of Tract Map 4785 or a subdivision map that is recorded in lieu of Tentative Tract Map 4785 (collectively the "Initial Map ") or the date upon which the first subdivision map containing an SR /C or BP lot of ten (10) acres or less is recorded over all, or a part of, the Initial Map 4785 (the "Subsequent Map "), whichever occurs first. The total amount of $817,600, as may be increased by the annual indexing, shall be paid in full to City no later than the tenth (10th) anniversary of the issuance of the first building permit for any commercial or industrial use within the boundaries of the Initial Map or the tenth (10th) anniversary of the issuance of the first building permit for any commercial or industrial use within the boundaries of the Subsequent Map, whichever occurs first. (SA -7 &8) 34. The City of Moorpark, in their sole and unfettered discretion, may elect not to collect the Mitigation Fee. In the event of such election, Plaintiffs shall be responsible for all costs for traffic mitigation measures TC12, TC13 (cost of signal installation or modification at State Route 23 northbound ramps /Tierra Rejada Road only), TC14 (cost of signal installation or modification at State Route 23 southbound ramps /Tierra Rejada Road only) and TC17, as described in the SEIR. Prior to the issuance of the first building permit within the boundaries of the Amended Specific Plan, Plaintiffs shall make a written request of Defendants that they decide whether or not to make the election, and Defendants shall notify Plaintiffs of their decision within thirty (30) days after receipt of the request. (SA -8) A:\TRACT.RES 11 The Mitigation Fee, if collected, may be expended by Defendants in their sole and unfettered discretion; provided, however, payment of the Mitigation Fee represents payment in full of the "fair share" amounts required by traffic mitigation measures TC12, TC13 (cost of signal installation or modification at State Route 23 northbound ramps /Tierra Rejada Road only), TC14 (cost of signal installation or modification at State Route 23 southbound ramps /Tierra Rejada Road only) and TC17. (SA -8) Payment of the Mitigation Fee does not represent payment, in full or in part, of certain traffic mitigation measures described in the SEIR that will be installed by others but for which Plaintiffs are required to pay "fair share" amounts to City. The "fair share" amounts shall be determined by the following percentages applied to the actual costs of said installations: TC7 (488), TC10 (348) and TC11 and TC13 (signal modification at Spring Road /Los Angeles Avenue only) (50 %). (SA -8) The remaining traffic mitigation measures described in the SEIR, to wit: TC1, TC2, TC31 TC4 (1008 of the improvements rather than the 63% provided for in the SEIR), TC5, TC8, TC13 (signal at Science Drive /New Los Angeles Avenue only) and TC15 (signal at "A" Street / "B" Street only) shall be installed by Plaintiffs at their sole cost and expense, without off -set against the AOC Fee or the Mitigation Fee. The second Tierra Rejada westbound and eastbound lanes identified in the SEIR have been constructed by City (the "Widening Project "). Plaintiffs shall have no financial obligation with respect to the Widening Project except as provided in this Agreement; provided, however, Conejo shall complete frontage improvements on the north side of Tierra Rejada Road adjacent to the property described in Exhibit B, including, but not limited to, approximately eight (8) feet of paving, striping, curb and gutter, sidewalk, drainage, parkway landscaping and signage, no later than the issuance of the first occupancy permit within the boundaries of the property described in Exhibit "B ". (SA -9) 35. Other fees are listed under the heading "City Engineer Department Conditions." A:\TRACT.RES 12 CITY ENGINEERING CONDITIONS PRIOR TO FINAL NAP APPROVAL THE FOIJ0WING CONDITIONS SHALL BE SATISFIED• GENERAL 36. All areas to be commonly maintained, as determined by the City, shall be designated as separate lettered lots on sub- division maps. 37. Recorded phased final maps of each Lot within the Master Tentative Tract Map(s) shall be permitted. Additional tentative tract subdivision maps of the Lots are to be filed subsequent to or concurrent with the Master Tentative Tract Maps.(SP -62) 38. The applicant shall submit to the City of Moorpark for review and approval, a rough grading plan, consistent with the approved tentative map, prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvements; and shall post sufficient surety guaranteeing completion. 39. Graded slopes, visible from off -site to the west shall be hydroseeded immediately upon completion consistent with the landscape concept plan. The city shall specify alternate deadlines for completion of all hydroseeding based on the grading schedule. (EIR 2 -5, T1) 40. Concurrent with submittal of the rough grading plan an erosion, debris/ siltation and dust control plan shall be sub- mitted to the City for review and approval by the City Engineer. Along with these control measures, hydroseeding and temporary irrigation shall be provided on all graded slopes within 30 days of completion of grading on those slopes. 41. All on -site haul routes shall be approved by the City Engineer and clearly marked on the grading plan. All areas where grading is not allowed shall be clearly shown on the grading plans (all sheets). On site haul routes shall be limited to graded areas only and shall be discussed at the on -site pre - grading meeting. 42. All off -site import /export operations, requiring an excess of 12 total trucks loads, shall require Council approval prior to the issuance of a grading permit. 43. The applicant shall submit to the City of Moorpark for review and approval, detailed Soils and Geology Reports certified by a Registered Civil Engineer in the State of California. The A:\TRACT.RES 13 geotechnical report shall include an investigation with regard to liquefaction, expansive soils, and seismic safety. In addition, the soils report shall discuss the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. Note: Review of the soils and geology report by the City's consultant may be required by the City Engineer. If so, the applicant shall reimburse the City for all costs including the City's administrative and overhead costs. 44. All recommendations included in the geotechnical and geology reports shall be implemented during project design, grading, and construction in accordance with the approved specific plan. The City Engineer shall review all plans for conformance with the geologist's and soils engineer's recommendations. 45. All requests for staged grading must be submitted in writing to the City Engineer for review and approval by the City Council. In order to develop the SR /C /BP Planning Areas, dirt will have to be imported from Planning Area B. Accordingly, it will be necessary to perform substantially all of the rough grading in �^ the north portion as part of the first phase development of the commercial and business uses. Final grading of Planning Area B can be performed at the time the residential development is performed. (SP -15 2.a.) 46. The subdivider shall indicate in writing to the City the dis- position of any water well (s) or any other well that may exist within the project. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed per Ventura County Ordinance No. 2372 and per Division of Oil and Gas requirements. 47. The maximum gradient for any slope shall not exceed a 2:1 slope inclination except where special circumstances exist. In the case of special circumstances where steeper slopes are warranted, plans will be reviewed by a certified soils engineer and their recommendations will be subject to the review and approval of the City Engineer and the Director of Community Development. (SP- 12.d., EIR 2 -6 T6) New slopes adjacent to roadways and development areas shall be graded in such a way that a contoured appearance in the graded plane shall be provided. Contour grading of all slopes shall be provided to the satisfaction of the Director of Community Development and the City Engineer. (SP-11.b.) A:\TRACT.RES 14 48. No grading activities shall take place within at least 100 feet along the perimeter of blue line stream channels before giving proper notification to the California Department of Fish and Game, Ventura County Flood Control District and the U.S. Army Corps of Engineers. 49. All graded slopes shall be planted in a timely manner meeting the approval of the Director of Community Development with groundcover, trees and shrubs that will stabilize slopes and minimize erosion. Interim borrow sites are to be hydroseeded within 30 days of completion of grading, shall include temporary irrigation until established and shall minimize rectilinear form when possible. (EIR 2 -6 T9, SP- 12.g.) Temporary irrigation, hydroseeding and erosion control measures shall be implemented on all temporary grading. Temporary grading is defined to be any grading partially completed and any disturbance of existing natural conditions due to construction activity. These measures will apply to temporary grading activity that remains or is anticipated to remain unfinished or undisturbed in its altered condition for a period of time greater than sixty days or the beginning of the rainy season whichever comes first. 50. All development areas and lots shall be designed so that surface drainage is directed to street frontages or natural or improved drainage courses as approved by the City Engineer. (EIR 2 -6, T10, SP- 12.h.) 51. Manufactured slopes which are greater than ten (10) feet in height shall be rounded at the top and at the toe of slope to simulate natural topography. At the discretion of the Director of Community Development, side slopes may be exempt from this provision if the height of slope does not exceed 15 percent of the width of the lot and has a slope height slope of less than ten (10) feet. (SP- 12.k.) 52. Grading on the perimeter of the site shall not be designed with perimeter downslopes to property lines unless a homeowners' association, slope maintenance district, or similar entity is established for maintenance of such downslopes. (SP- 12.1.) r 53. Interior slopes between manufactured building pads shall be designed with up -slope property lines. (SP- 13.m.) 54. To reduce the impacts to the cactus wren, the applicant shall offset the loss of the cactus phase of the coastal sage scrub on the site. (As shown in the Environmental Impact Report, Figure 22, dated 10- 12 -94) All areas of impact to the coastal sage scrub shall be A:\TRACT.RES 15 delineated on the grading plan. All areas in which revegatation efforts will occur shall also be identified and provisions to protect the revegatation area shall be included within the grading plan as approved by the Director of Community Development. (EIR 2 -9 B2) 55. Prior to the issuance of grading permits, the tree survey and mitigation program shall be reviewed and approved by the Director of Community Development. Preservation, transplanting and planting of oak trees or other significant trees and /or plants shall be considered. The grading plans shall be prepared, utilizing the above in- formation, and shall depict the methods used during grading operations which minimizes, to the extent possible, impacts or disruptions to said trees. When it is determined which trees will be preserved, the following guidelines shall apply. (SP- 28.5.) a. Design i. Grading and /or the placement of structures shall be prohibited within the dripline or three feet from the trunks of the tree, whichever is greater. Grading and trenching within this area is to be ^ prohibited. No fill material shall be placed within this area. ii. No type of surface, either pervious or impervious, shall be placed within a six -foot radius of tree trunks. These areas shall remain uncovered and natural. iii. Alternative pervious types of paving such as gravel, redwood chips, porous brick with sand joints, etc. shall be utilized. iv. Retaining walls shall be used to protect existing grades within the driplines of trees. However, these walls shall not alter drainage from around trees. V. Drainage shall be directed away from tree trunks to ensure that water will not stand at the crown. To avoid drowning trees, water shall not be allowed to pond or collect within the dripline. b. During Construction i. Trees within a construction area shall be protected from damage by equipment by installing temporary A:\TRACT.RES 16 barriers such as fencing at the dripline. b.l.) ii. Equipment, debris, building materials and /or excess soil shall not be stored within the dripline. iii. Trenches for utilities or irrigation shall be routed around the dripline where possible. iv. When not restricted by local building codes only one trench shall be dug to accommodate all utilities for lots. Where necessary, the roots shall be carefully pruned by a specialist in proportion to the total amount of root zone lost. The boring of a conduit for underground utilities shall be used where possible. V. The operation of heavy construction equipment shall avoid the driplines of trees where possible. 56. With respect to the screening requirements found in the Specific plan the following standards shall apply to all development except for single family detached subdivisions, which shall be exempt from these screening requirements: (SP- 50.1) a. Graded berms which are constructed to act as a screen, as required by the Specific Plan, shall be installed along all parking areas abutting any street. Except as otherwise provided below, the screening (berms or walls) shall have a maximum height of three and one -half (3 -1/2) feet. b. Where the finished elevation of the property is lower than an abutting property or street, appro- priate landscape screening shall be employed to screen structures /parking areas. C. A screen as referred to above shall consist of one or any combination of the following: 1) Walls, including retaining walls: A wall shall consist of stone, tile or similar type Of solid masonry material a minimum of eight (8) inches thick. 2) Berms: A berm shall be constructed of earthen materials and it shall be landscaped. A berm shall be a minimum of three (3) feet high. 57. So as to reduce debris from approved grading plan shall 18 inches high, with curb A:\TRACT.RES entering sidewalk and streets, the show a slough wall, approximately outlet drainage to be constructed 17 ,- behind the back of the sidewalk where slopes exceeding 4 feet in height are adjacent to sidewalk. The developer shall use the City's standard wall detail during design and construction. All material for the construction of the wall shall be approved by the City Engineer and Director of Community Development. STORM RUN -OFF 58. The storm drain system will be designed to accommodate 100 - year storm flows. (SP -13) 59. The applicant shall submit to the City of Moorpark for review and approval, drainage plans, hydrologic and hydraulic calculations prepared by a California Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the constriction of all improvements. The plans shall depict all on -site and off -site drainage structures required by the City. (EZR 2 -7, HY2) The drainage plans and calculations shall indicate the following conditions before and after development: a. Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention facilities, and drainage courses. Hydrology shall be per the current Ventura County Standards except as follows: b. All storm drains shall carry a 100 -year frequency storm; (SP -13) C. All catch basins shall carry a 100 -year storm; (SP -13) d. All catch basins in a sump condition shall be sized such that depth of water at intake shall equal the depth of the approach flows; e. All culverts shall carry a 100 -year frequency storm; f. Drainage facilities shall be provided such that surface flows are intercepted and contained prior to entering collector or secondary roadways; 18 �- g. Under a 50 -year frequency storm, all streets shall be provided with a minimum of one travel lane in each direction with a goal that local, residential and private streets shall have one dry travel lane available in each direction; h. Drainage to adjacent parcels shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows shall be provided by the subdivider; i. All drainage grates shall be designed and constructed with provisions to provide adequate bicycle safety to the satisfaction of the City Engineer; J. If the land to be occupied is in an area of special flood hazard, the subdivider shall notify all potential buyers in writing of this hazard condition. The grading plan shall also show contours indicating the 50, 100 & 500 year flood levels. k. All flows from brow ditches, ribbon gutters and similar devices shall be deposited into the storm drain system prior to entering streets. If necessary, the storm drain shall be extended beyond the public right -of -way through easements to eliminate surface flow between parcels. Both !^ storm drain and easements outside the right -of -way are to be maintained by the Property - Owners' Association or as required by the City Engineer; 1. Concrete drainage structures shall be tan colored concrete, as approved by the Director of Community Development, and to the extent possible shall incorporate natural structure and landscape to reduce their visibility. (EIR 2 -6, T12, SP- 12.j.) M. Drainage for the development shall be designed and installed with all necessary appurtenances to safely contain and convey storm flows to their final point of discharge, subject to review and approval of the City Engineer. * This hydraulic /hydrology study shall analyze the hydraulic capacity of the Arroyo Simi with and without the storm drain system for the proposed development. The applicant shall be responsible for obtaining Ventura County Flood Control District approval of the analysis of this system, as it relates to the downstream capacity, and shall make any downstream improvements, required by Ventura County Flood Control, to support the proposed development of Tract 4973. W 60. The applicant shall demonstrate for each building pad, to the satisfaction of the City Engineer, as follows: a. Adequate protection from a 100 -year frequency storm; and b. Feasible access during a 50 -year frequency storm. C. Hydrology calculations shall be per current Ventura County Standards. 61. City Ordinance No. 100 and the Federal Emergency Management Agency (PENA), require updating of the National Flood Insurance Program maps for affected areas whenever any alteration of the watercourse is made. If a FIRM map revision is necessary, all materials required by PEMA for a map revision shall be provided to the City Engineer's office. This material will demonstrate the new 50, 100, and 500 year flood plain locations following development. This information will be forwarded by the City Engineer to the FEMA for review and updating of the National Flood Insurance Program maps. A conditional letter of map revision (if required by FEMA) shall be provided to the City prior to zone clearance. The applicant will be responsible for all costs charged by the FEMA and the City's administrative costs. 62. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. (EIR 2 -8, HY6) 63. The applicant shall provide for all necessary on -site and off - site storm drain facilities required by the City to accommodate upstream and on -site flows. Facilities, as conceptually approved in the Specific Plan and approved by the City, shall be delineated on the final drainage plans. Either on -site retention basins or storm water acceptance deeds from off -site property owners must be specified. These facilities must also be acceptable to the Ventura County Public Works Agency. (EIR 2 -7, HY3) 64. Any lot to lot drainage easements and secondary drainage easements shall be delineated on the final map. Assurance in the form -of an agreement shall be provided to the City that these easements will be adequately maintained by property owners to safely convey storm water flows. The CC &R's shall be submitted for review and approval and shall include provisions for the Homeowner's Association or maintenance district to maintain any private storm drainage systems. STREET IMPROVEMENTS 65. The applicant shall submit to the City of Moorpark for review and approval, street improvement plans prepared by a 20 Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvements; and shall post sufficient surety guaranteeing the construction of the improvements. The street improvements shall include concrete curb and gutter, sidewalk, median(s), street lights, traffic signals, striping and signing, traffic control, paving, and any necessary transitions to the satisfaction of the City Engi- neer. All driveway locations shall be approved by the City Engineer and the Director of Community Development. The subdivider shall dedicate the necessary right -of -way to make all of the required improvements. The applicable Ventura County Road Standard Plates are as follows and have been modified to conform to the cross sections shown on Exhibit 9 of the Carlsberg Specific Plan dated 9 -7 -94 or as otherwise provided in the Settlement Agreement of the same date. (In the case of any conflicts, the Settlement Agreement shall take precedence over the design and timing for construction of all improvements and or payments for improvements.) New Los Angeles Avenue 66. New Los Angeles Avenue shall be per Ventura County Standard Plate B -2A with right -of -way modified per cross section °G" of Exhibit 9 of the Carlsberg Specific Plan (revised 9 -7 -94) (See exhibit 9, Plate G) a. The final location of the sidewalk will be as shown on the Approved Landscape Plan. Approval of the landscape plan shall be required prior to or concurrent with approval of the grading plan for Tract 4973. (SP -26.d) b. Should the sidewalk location be altered from the location shown on the approved Tentative Map, the grading within the street improvement area shall be revised and the final elevations shall be approved by the Director of Community Development. 67. Prior to occupancy of the first phase of Tract 4973 or any subsequent map, the developer shall widen, to six lanes, New Los Angeles Avenue from, but not including, the Arroyo Simi - New Los Angeles bridge east to the 23 Freeway. If, in the future, developer and the City of Moorpark mutually agree, a traffic study shall be performed by, or on behalf of, City at developer's sole cost and expense to assess the cumulative traffic impacts of the actual use and development of the 73 acres zoned SR /C /BP and fronting onto New Los Angeles Avenue within the boundaries of the Amended Specific Plan as compared to the impacts and required mitigation forecast in the SEIR and the City's General Plan. In the F" event the City Council determines from said traffic study that six lanes on New Los Angeles Avenue, as described above, are not required, The City agree that they will consider a request by developer to eliminate said Condition. (SA -9.c., TC -8) Spring Road 68. Spring Road north of Peach Hill Road shall be per Ventura County Standard Plate B -2B with a modified 94 foot right -of- way per cross section "A -1" of Exhibit 9 of the Carlsberg Specific Plan (revised 9- 7 -94). 69. Prior to the issuance of the first zone clearance for occupancy for either the SR /C /BP Area or Planning Area B, the 94 foot right -of -way for Spring Road, adjacent to Simi - Moorpark Freeway Properties west property boundary which extends from APN 500 -0- 350 -29 to the Arroyo Simi bridge, will be offered for dedication to the City. Prior to the issuance of the zone clearance for occupancy of the 70th residential unit in Area B, eastside Spring Road frontage improvements adjacent to the Simi - Moorpark Freeway's property will be completed. (SP -15.b par. 2) The sidewalk on the east side of Spring Road north of Peach Hill Road shall be built adjacent to the curb. tom_ Science Drive 70. Science Drive shall be designed from New Los Angeles Avenue to 600 feet south of the intersection of New Los Angeles Avenue and shall be per-Ventura County Standard Plate B -2A modified with a 108 ft. right of way per cross section "B" of Exhibit 9 of the Carlsberg Specific Plan, (revised 9- 7 -94). a. The final location of the sidewalk will be as shown on the Approved Landscape Plan. Approval of the landscape plan shall be required prior to or concurrent with approval of the grading plan for Tract 4973. (SP -26.e) b. Should the sidewalk location be altered from the location shown on the approved Tentative Map, the grading within the street improvement area shall be revised and the final elevations shall be approved by the Director of Community Development. 71. Science Drive from 600 feet south of New Los Angeles Avenue to Peach Hill Road shall be per Ventura County Plate B -2B modified with a 104 foot Right of Way per cross section "B -1 ", Exhibit 9 of the Carlsberg Specific Plan, (revised 9- 7 -94). Science Drive, from 600 feet south of Los Angeles Avenue to Tierra Rejada Road, will feature enhanced (20) foot landscaped 22 parkways, including eight (8) foot sidewalks, located on the east and west sides within the one hundred four (104) foot extended right -of -way. a. Science Drive is to be extended from "B" street to Peach Hill Road and intersection improvements including signalization at Peach Hill Road, if determined necessary by the City at the time of subdivision, are to be completed prior to zone clearance for occupancy of the 1st residential unit in Planning Area B (TC3). The developer shall also install a traffic signal at the Science Drive /"B" Street intersection at this time. (SA- 7 par 2, TC151 SP -16 par. 1, EIR 2 -13 TC15). b. The City may elect to defer the need for intersection signalization at the Science Drive /Peach Hill Road intersection by having the developer, at the developer's sole cost and expense, conduct a warrant study prior to the issuance of zone clearance for occupancy of the 227th and 552nd residential unit within the Amended Specific Plan Area. Should there be no warrant for signal installation by the time a zone clearance for occupancy on the 227th and 552nd (or last residential unit) within the Specific Plan Area, then the City may elect to release the developer from their obligation to construct this signal. 72. Left turn storage lanes are required at all intersections along Science Drive as shown on the specific plan. No other median breaks are allowed. 73. Prior to the issuance of the first zone clearance for occupancy in either the SR /C /BP Area or Planning Area B the developer shall construct (i) the southbound leg of the intersection at Science Drive and New Los Angeles Avenue; including westbound left -turn lane, eastbound right -turn lane, shared southbound through lane /southbound right -turn lane, northbound left -turn lane, second northbound left -turn lane, northbound right -turn lane, shared northbound through lane /northbound right -turn lane (TC2) and traffic signal modification to provide eastbound right -turn overlap with the northbound left -turn movement (EIR 2 -10, TC2) at New Los Angeles Avenue and the proposed southern extension of Science Drive (TC2 and TC13) and (ii) Science Drive to its four lane configuration from New Los Angeles Avenue to 600 feet south and including the "B" Street intersection (TC1, TC5, SP -15.b. par. 1) 74. Prior to the issuance of the first zone clearance for occupancy in either the SR /C /BP Area or Planning Area B the developer shall construct the Science Drive / "B" Street 23 Intersection. Applicant to fully construct intersection and provide northbound left -turn lane; northbound through lane; northbound right -turn lane; southbound left -turn lane; second southbound left -turn lane; shared southbound through lane /southbound right -turn lane; southbound left -turn lane; southbound right -turn lane; shared westbound through lane /westbound right -turn lane; eastbound left -turn lane; shared eastbound through lane /eastbound right -turn lane; and provide northbound right -turn overlap with the westbound left - turn movement as part of signal installation. (EIR 2 -11, TC5) Other: 75. The applicant shall include bus stop turnouts in the final street improvement plans and provide for their construction, near Science Drive along New Los Angeles Avenue, to service the commercial areas of the project. (EIR 2 -16, A8) The final location of the bus route and facilities shall be approved by the Director of Community Development. 76. The developer shall adhere to Business and Professions Code Section 8771 which requires that all monuments be located and tied out prior to any construction or relocation of a street. The surveyor shall certify on the proposed street improvement f plans that all recorded monuments in the construction area have been located and either protected in place or replaced pursuant to State Assembly Bill 1414. 77. Street lights shall be provided per Ventura County Standards and as approved by the City Engineer. 78. The subdivider shall provide slope easements for road main- tenance purposes only along all roads where the top of cut plus 5 feet or the toe of fill plus 5 feet is beyond the dedi- cated right of way. Said slope easements shall include the area covered by the cut slope plus 5 feet and fill slope plus 5 feet. Trail Easements and Improvements 79. The final map shall indicate the location of all trail easements. The minimum widths of said easements shall be 12 feet. The trail easements shall be offered for dedication to the City of Moorpark. Prior to recordation, the subdivider shall bond for construction of the proposed trails at 1508 of the estimated cost of the improvements. Once the trails have been built, the owners' association, maintenance district, or similar entity shall be responsible for maintaining the trails. Trails shall be approved by the City Council and shown on the final map prior to recordation. The developer 24 shall enter into an agreement with the City to assure the maintenance responsibilities are conferred to the entities described within this condition. 80. The developer shall submit a conceptual trails plan concurrent with the grading plan for Tract 4973. The plan shall provide for all trails, within the Amended Specific Plan Area, to be operational upon completion of the Neighborhood Park area. 81. The developer shall provide that the site /grading and improvement plans assure pedestrian and bikeway access between all bus stops and bicycle paths, respectively; and adequate on -site development of such. (EIR 2 -16, A9) 82. Moorpark Ave. /Los Angeles Avenue Intersection Improvements: Applicant to pay fair share of the costs to convert the shared southbound left -turn lane /southbound through lane /southbound right -turn lane to a second southbound left =turn lane and convert southbound right -turn lane to shared southbound through lane /southbound right -turn lane (project share 34 percent). (EIR 2 -12, TC10, SP -171 SA -8) 83. Spring Road /Los Angeles Avenue: Applicant to pay fair share of the costs to add a third eastbound and westbound lane, remove second eastbound left -turn lane; and modify signal to provide a southbound right -turn overlap with the eastbound left -turn movement and westbound right -turn overlap with the south -bound left -turn movement. (project share 50 percent). (EIR 2 -13, TC11, SP -17, SA -8) 84. The developer shall prepare an addendum to the Traffic Study that analyzes the impact that pass by traffic will have on the presently proposed street improvements. Should a change in the Level Of Service for any of the proposed improvements result from pass by traffic being attracted to the future commercial areas, then the developer shall mitigate the impacts by constructing improvements to service the anticipated pass by traffic volumes. As part of the traffic study the developer shall also provide an estimate that itemizes the cost of those improvements not covered by the AOC or Mitigation fees which the developer is responsible for paying a "Fair Share ". 85. Applicant to pay fair share of the costs for the signal recon- structions at Spring Road /Los Angeles Avenue (Payment-of the AOC fee shall represent payment "in full" of the applicants fair share amount for this intersection. (SA- 5par2) 86. Prior to the issuance of a building permit for each residential, commercial or industrial u§e within the bound- aries of the Amended Specific Plan, applicant shall pay City 25 �~ the Tierra Rejada./Spring Road Area of Contribution Fee (the "AOC Fee "). The AOC Fee shall be the dollar amount in effect at the time of the payment of the fee. Institutional uses shall pay on the same basis as commercial and industrial uses, except that institutional uses which are exempt from secured property taxes shall be exempt from the fee. (SA -6) Payment of the AOC Fee shall represent payment in full of the "fair share" amounts required by traffic mitigation measures TC6, TC9, TC13 (cost of signal installation or modification at Spring Road /Tierra Rejada Road only), TC14 and TC16 (cost of signal installation at Moorpark Road /Tierra Rejada Road only) and TC15 (cost of signal installation at "A" Street /Tierra Rejada Road only), as described in the SEIR. (SA -6,7) If previous payment of this contribution can be demonstrated, to the City's satisfaction upon concurrence of the City Manager, the applicant would not have to pay the Area of Contribution fee. 87. Where roads are to be built requiring 4 or more inches of pavement, subdivider shall construct the required street sec- tion minus 1 -1/2 inches of paving as an interim condition until all utility cuts or trenching is completed and the City Engineer grants approval to accomplish this task. In areas of longitudinal trenching, paving fabric shall be used to prevent reflective cracking. 88. Any right -of -way acquisition necessary to complete the required improvements will be acquired by the subdivider at his expense. 89. Publicly dedicated streets shall conform to the design requirements of the Ventura County Road Standards (most recent revision) except as follows: a. Sidewalks to be a minimum of five feet wide at all points. b. Parkways shall maintain a minimum crossfall of 2% toward the street for a minimum distance of 10 feet from the curb face. 90. The applicant shall submit wall and landscaping plans and a copy of the CC &R's showing that provisions have been taken to provide for and maintain proper sight distances. 91. Special intersection treatment designs involving variations in paving material, where major pedestrian and vehicular circulation elements intersect, shall be approved by the Director of Public Works and Director of Community Development. (SP -24) 26 92. Lighting in areas adjacent to the natural open space portions of the site shall be fully hooded and shielded to prevent illumination of sensitive habitats. (EIR 2 -10, B5) 93. The subdivider shall post sufficient surety guaranteeing completion of all improvements which revert to the City (i.e., grading, street improvement, signalization, storm drain improvements, sewer improvements, landscaping, parks, fencing, bridges, etc.) or which require removal (i.e., model homes, temporary debris basin, etc.) in a form acceptable to the City. The subdivision surety agreement shall also include provisions for all off -site improvements along the entire frontage of Tract 4973 and other offsite improvements which require mitigation as described herein. 94. The applicant shall demonstrate legal access to all parcels to the satisfaction of the City Engineer. 95. The subdivider shall pay all energy costs associated with street lighting for a period of one year from the acceptance of the street improvements. UTILITIES 96. Utilities, facilities and services for the Carlsberg Specific Plan Area will be extended and /or constructed in conjunction with its phased development by the master developer as the project proceeds. a. Water & Sewer The developer will be responsible for the construction of all onsite and offsite sanitary sewer facilities to serve the project. The developer shall enter into an agreement with V.C.W.W. Dist. No. 1 to construct the improvements and the system will be dedicated to V.C.W.W.Dist. No. 1 for maintenance. (SP -13) b. Prior to recordation of a final map, the City, Calleguas Municipal Water District and Water District No. 1 shall approve final plans for water distribution. Either the subdivider shall construct the required distribution facilities or enter into an agreement with the Calleguas Municipal Water District and /or County Waterworks District No. 1 stating when and how facilities will be funded and constructed. The system will be designed and constructed to meet the requirements of the proposed land uses and applicable City, Calleguas and V.C.W.W. District No. 1 standards. (SP -13) 27 Other Utilities: c. Provisions for electrical, natural gas, telephone and solid waste collection services and cable television to the Carlsberg Specific Plan Project Area will be made prior to development of the project area. All services can be extended by each respective company to meet future demands of the Carlsberg Specific Plan Project Area. Natural gas service will be provided by Southern California Gas. Electric service will be provided by Southern California Edison. Telephone service will be provided by Pacific Bell. Solid waste collection will be provided by private companies as regulated by the City. These services will be phased in conjunction with development of the project area. (SP -14) 97. if any of the improvements which the applicant is required to construct or install is to be constructed or installed upon land in which the applicant does not have title or interest sufficient for such purposes, the applicant shall do all of the following at least 60 days prior to the filing of the final or parcel map for approval pursuant to Governmental Code Section 66457. a. Notify the City of Moorpark (hereinafter "City ") in writing that the applicant wishes the City to acquire an interest in the land which is sufficient for the purposes as provided in Governmental Code Section 66462.5. b. Supply the City with (i) a legal description of the interest to be acquired, (ii) a map or diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of Section 1250.310 of the Code of Civil procedure, (iii) a current appraisal report prepared by an appraiser approved by the City which expresses an opinion as to the fair market value of the interest to be acquired, and (iv) a current Litigation Guarantee Report. C. Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the applicant will pay all of the City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. 98. As an option in place of the Surety Performance Bond requirements, the applicant or his successors will be allowed to record the Final Map if the applicant or his successors eu agrees to have a subordinate lien to the benefit of the City placed on the subject property. 99. Subdivider shall pay all County fees related to Computer -aided Mapping System (CAMS). IN CONJUNCTION WITH APPROVAL OF FINAL MAP, THE FOLLOWING CONDITIONS SHALL BE SATISFIED• 100. The subdivider shall offer to dedicate to the City of Moorpark public service easements as required by the City. 101. The subdivider shall offer to dedicate access easements to the City of Moorpark over all private streets to provide access for all governmental agencies providing public safety,health and welfare. 102. The subdivider shall offer to dedicate to the City of Moor- park, public use, all right -of -way for public streets. 103. The subdivider shall dedicate to the City of Moorpark the ac- cess rights adjacent to Los Angeles Avenue, Spring Road, Tierra Rejada Road and Science Drive except for approved ac- cess locations. 104. That prior to submittal of the Final Map, the subdivider shall transmit by certified mail a copy of the conditionally approved Tentative Map together with a copy of Section 66436 of the State Subdivision Map Act to each public entity or public utility that is an easement holder of record. Written compliance shall be submitted to the City of Moorpark. 105. The subdivider 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 an assessment district or other financing technique including, but not limited to, street and sewer improvements necessitated by this project and other projects within the assessment district, as approved by the City Engineer. The subdivider shall retain the right to protest the amount and the spread of any proposed assessment. 106. Sufficient surety, as specified by the City Engineer, guaranteeing all public improvements shall be provided. The sureties shall remain in place for one year following acceptance of the public improvements by the City. DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLY: 107. Grading may occur during the rainy season from October 15 to April 15 if approved by the City of Moorpark and subject to installation of debris and erosion control facilities. W Erosion control measures shall be in place and functional between October 15th and April 15th. Along with the erosion control measures, hydroseeding of all graded slopes shall be required within 30 days of completion of grading. (EIR 2 -8, HY3 & 4) 108. That prior to any work being conducted within the State, County, or City right of way, the subdivider shall obtain all necessary encroachment permits from the appropriate Agencies. 109. Work conducted during the school year shall be coordinated with the Moorpark Unified School District and The City Engineer. 110. All trucks importing or exporting fill to or from the Tract shall use tarpaulins to cover the load and shall operate between the hours of 9 a.m. to 5 p.m. on weekdays only. As an option the haul material may be watered in lieu of covering. (If approved by the City Engineer) 111. All unimproved areas with vehicle traffic shall be watered periodically and the vehicle speed shall be limited to 15 mph. 112. During site preparation and construction, minimize disturbance of natural groundcover on the project site until such activity is required for grading and construction purposes. 113. During clearing, grading, earth moving or excavation opera- tions, dust emissions should be controlled by regular watering (If feasible water from the Arroyo shall be used) , paving con- struction roads and other dust prevention measures. The applicant shall submit a dust control plan, acceptable to the city, concurrently with submittal of the mass (as opposed to the precise) grading plan. This plan shall include, but is not be limited to the following measures (EIR 2 -14, Al): a. Water all site access roads and material excavated or graded on- or off -site to prevent excessive amounts of dust. Watering shall occur at least two times daily, preferably in the late morning and after the completion of work for the day. b. Cease all clearing, grading, earth moving, or excavation operations during periods of high winds (15 mph or greater in one hour). The contractor shall maintain contact with the APCD meteorologist for current informa- tion about average wind speeds. C. Water or securely cover all material transported off -site and on -site to prevent excessive amounts of dust. 30 d. Minimize the area disturbed at any one time by clearing, grading, earth moving and excavation so as to prevent excessive amounts of dust. e. Keep all grading and construction equipment on or near the site, until these activities are completed. f. Wash off heavy -duty construction vehicles before they leave the site. g. Apply nonhazardous chemical stabilizers to all inactive portions of the construction site. When appropriate, seed exposed surfaces with a fast - growing, soil- binding plant to reduce wind erosion and its contribution to local particulate levels. h. Observe a 15 mile per hour speed limit for the con- struction area. i. Periodically sweep public streets in the vicinity of the site to remove silt (i.e., fine earth material transported from the site by wind, vehicular activities, water runoff, etc.) which may have accumulated from construction activities. 114. The developer shall request that all employees involved in grading operations on the project wear face masks during dry periods. (EIR 2 -15, (A3) 115. Maintain equipment engines in good condition and in proper tune as per manufacturers' specifications to prevent excessive emissions. (EIR 2 -16, A4) 116. All diesel engines used in construction equipments should use high pressure injectors. (EIR 2 -16, A5) 117. All diesel engines used in construction equipments should use reformulated diesel fuel. (EIR 2 -16, A6) 119. During smog season (May- October) the city shall order that construction cease during Stage III alerts to minimize the number of vehicles and equipment operating, lower ozone levels and protect equipment operators from excessive smog levels. The city, at its discretion, may also limit construction during Stage II alerts. (EIR 2 -16, A2) 119. During site preparation and construction, construct temporary storm water diversion structures per City of Moorpark standards. 31 r 120. Construction. activities should be limited to weekdays and Saturdays from 7:00 A.M. to 7:00 P.M. No construction activities should occur on Sundays. (EIR 2 -19, N1) 121. Truck noise from hauling operations shall be minimized through establishing hauling routes which avoid residential areas. The hauling plan must be identified as part of the grading plan and approved by the City Engineer. (EIR 2 -19, N2) 122. The developer shall provide staging areas on -site to minimize off -site transportation of heavy construction equipment. Locate these areas to maximize the distance between activity and residential areas. (EIR 2 -19, N3) 123. The developer shall ensure that construction equipment is fitted with modern sound- reduction equipment. (EIR 2 -19, N4) r 124. If any hazardous.waste is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriff's Department, and the City Con - struction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 125. The subdivider shall utilize all prudent and reasonable measures (including a 6 foot high chain link fence around the construction sites of buildings and structures, or as determined by the City Engineer) to prevent unauthorized per- sons from entering the work site at any time and to protect the public from accidents and injury or provide on -site security personnel.. 126. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 127. The applicant shall file for a time extension with the City Engineer's office at least six weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required will be in conformance with the applicable ordinance section. 128. A copy of the recorded Map(s) shall be forwarded to the City Engineer for filing. 129. Sufficient surety in a form acceptable to the City guaran- teeing the public improvements pertinent to each phase shall be provided. 32 130. All surety guaranteeing the public improvements shall remain in place for one year following acceptance by the City. Any surety bonds that are in effect three years after final map approval or issuance of the first building permit shall be increased an amount equal to of greater than the consumers price index (Los Angeles /Long Beach SMSA) for a period since original issuance of the surety and shall be increased in like manner each year thereafter. 131. Original "as built" plans will be certified by the applicant's civil engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 3611, they must be resubmitted as "as builts" in. series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as builts" plans is required before a final inspection will be scheduled. FIRE DEPARTMENT CONDITION 132. Prior to combustible construction, all weather access road /driveway, suitable for use by a 20 ton Fire District vehicle shall be installed. This improvement, or provisions to guarantee its installation, shall be completed prior to recordation. �- 133. All driveways shall have a minimum vertical clearance of 13 feet 6 inches (1316 "). 134. Approved turnaround areas or easements for fire apparatus shall be provided where the access road is 150 feet or farther from the main thoroughfare. 135. Two (2) means of ingress /egress shall be provided to the development in accordance with Fire District Private Road Guidelines. 136. The access road shall be of sufficient width to allow for a 40 foot turning radius at all sharp turns in the road. 137. The private road(s) shall be named if serving more than two (2) parcels or is longer than 299 feet. Prior to recordation of street names, proposed names shall be submitted to the Fire District's Communications Center for review. 138. Street name signs shall be installed in conjunction with the road improvements. The type of sign shall be in accordance with Plate F -4 of the Ventura County Road Standards. 139. Prior to recordation, the applicant shall provide the Fire District verification from the water purveyor that the Purveyor can provide the required fire flow for the project. 33 140. Applicant shall obtain VCFD Form No. 126 "Requirements For Construction" prior to obtaining a building permit for any new structures or additions to existing structures. 141. Phase One of either TT4973 of 4974 shall complete Science Drive from Los Angeles Avenue to Peach *Bill Road prior to combustible construction. 142. All water mains and applicable hydrants shall be installed prior to combustible construction. Fire Flow requirements shall be calculated for each project individually. 143. Connection of the two tracts shall require completion of Science Drive to Tierra Rejada or the completion of Peach Hill. 144. A fuel modification zone shall be maintained 100 feet wide. VENOM COUNTY WATERWORKS DISTRICT NO 1 GENERAL REQUIREMENT: 145. The developer shall enter into an agreement for the construction of all water and sewer facilities, both on -site (' and off -site, required for this development. The applicant shall comply with the District's "Rules and Regulations" and pay all applicable fees. Tentative Tract May No 4974 Conditions: DEPARTKM OF COM31UNITY DEVELOPMENT CONDITIONS NOTE: THE FOLLOWING REFERENCES ARE USED IN THE CONDITIONS OF APPROVAL: SP(SPECIFIC PLAN) , SEIR(SUBSEQUENT ENVIRONMENTAL IMPACT REPORT), OTHER REFERENCES ARE FROM THE MITIGATION MONITORING PROGRAx FOR THE AMENDED SPECIFIC PLAN GENERAL REQUIREMENTS: 1. The conditions of approval of this Tentative Map and all provisions of the Subdivision Map Act, City of Moorpark Ordinance and adopted City policies supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map. 2. If the map is to record in phases. it shall be recorded in phases consistent with the approved phasing plan in the Specific Plan. 34 9. As of the date of recordation of final map, the lots /parcels depicted thereon shall meet the requirements of the Zoning Ordinance and Specific Plan then applicable to the property. Conditional approval of the tentative map shall neither limit the power of the legislative body to amend the applicable zoning ordinances and /or Specific Plan nor compel the legislative body to make any such amendments, except as provided in the Settlement Agreement dated September 7, 1994. 10. No asbestos pipe or construction materials shall be used within this subdivision. 11. The subdivider shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the subdivision, 35 3. 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. 4. A notation which references approved conditions of approval shall be included on the Final Map in a format acceptable to the Director of Community Development. 5. All applicable requirements of any law or agency of the State, City of Moorpark and any other governmental entity shall be met, and all such requirements and enactments shall, by reference, become conditions of this entitlement. 6. 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 6f rules apply, the stricter ones shall take precedence. 7. 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. 8. This Tentative Map shall expire 3 years from the date of its approval. The Director of Community Development may, at his discretion, grant up to two (2) additional one (1) year extensions for map recordation, if there have been no changes in the adjacent areas and if applicant can document that he has diligently worked towards map recordation during the initial period of time. The request for extension of this entitlement shall be made in writing, at least 30 -days prior to the expiration date of the permit. 9. As of the date of recordation of final map, the lots /parcels depicted thereon shall meet the requirements of the Zoning Ordinance and Specific Plan then applicable to the property. Conditional approval of the tentative map shall neither limit the power of the legislative body to amend the applicable zoning ordinances and /or Specific Plan nor compel the legislative body to make any such amendments, except as provided in the Settlement Agreement dated September 7, 1994. 10. No asbestos pipe or construction materials shall be used within this subdivision. 11. The subdivider shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the subdivision, 35 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 or parcel map is ultimately recorded with respect to the subdivision. 12. The subdivider shall submit to the Department of Community ' Development and the City Engineer for review a current title report which clearly states all interested parties and lenders included within the limits of the subdivision as well as any easements that affect the subdivision. 13. Tract Map No. 4973 shall be recorded concurrently with Tract Map No. 4974, or Tract Map No. 4974 shall record first. DEVELOPMENT FEE 14. As a condition of the issuance of a building permit for each residential, commercial or industrial use within the boundaries of the Amended Specific Plan, the applicant shall pay the City, except as provided in Section 12 of the Settlement Agreement, a Development Fee as described herein (the "Development Fee ") and any Capital Development Fee adopted by the City Council on or before April 30, 1995 and imposed on similar construction. The Development Fee may be expended by the City in their sole and unfettered discretion. On the effective date of the Settlement Agreement, the Fee shall be $1,587 per residential unit and $4,443 per gross acre of Sub - Regional /Commercial (SR /C) or business Park (BP) land which the commercial or industrial use is located. Commencing on the first day of the month following the month in which the M Settlement Agreement became effective, the amount of the Development Fee shall increase by one -half of one percent (0.5%) per month on the first day of the month ( "monthly indexing "). Institutional uses, whether or not exempt from secured property taxes, shall be exempt from the fee. The Development Fee for commercial and industrial uses is intended to result in a total payment to the City of not less than $324,339 on the effective date of the Settlement Agreement and is based upon the assumption that seventy -three (73) gross acres are subdivided into lots for SR /C or BP usage, the Development Fee for commercial and industrial uses shall be adjusted from $4,443 per gross acre to an amount per gross acre that would result in a total payment of $324,339, excluding the monthly indexing. The acreage shall be determined from the Initial Map, as hereinafter defined in this paragraph, or the Subsequent Map, as hereinafter defined in this paragraph, which is in effect on the Adjustment Date. The Adjustment Date shall mean the date upon which the first building permit is issued for any commercial or industrial uses within the boundaries of Tentative Tract Map No. 4785 or a subdivision Map that is recorded in lieu of the Tentative Tract Map 4785 (collectively the Initial Map) or the date upon which the first subdivision map containing an SR /C or BP use lot of ten (10) acres or less is recorded over all, or part of, the Initial Map 4785 (the "Subsequent Map "), whichever occurs first. The total amount of $324,339, as increased by the monthly indexing, shall be paid in full to the City no later than the tenth(10th) anniversary of the issuance of the first building permit for any commercial or industrial use within the boundaries of the Subsequent Map, whichever occurs first. The Initial Map and Subsequent Map shall be so conditioned. (SA -5 &6) IMPROVEMENT FEE 15. As a condition of the issuance of a building permit for each commercial or industrial use within the boundaries of the Amended Specific Plan, the developer shall pay the City a fee, in an amount set by resolution of the City Council, to be used for park improvements within the City of Moorpark. The amount of the fee shall be the same as that paid for other commercial and industrial uses, but in no event shall the fee exceed fifty cents ($.50) per square foot of gross floor area. Institutional uses shall pay on the same basis as commercial and industrial uses, except that institutional uses which are exempt from secured property taxes shall be exempt from the fee. (SA -5) Grading 16. Every effort shall be made to use reclaimed water to irrigate 37 temporary erosion control landscaping and for dust control of grading operations. Sufficient proof shall be given to the Director of Community Development that using reclaimed water is physically or economically not feasible prior to the Director's decision to dispose with this condition. 17. Temporary irrigation shall be provided for all non permanent erosion control landscaping until it is replaced with permanent irrigation unless otherwise approved by the Director of Community Development. Temporary irrigation must be replaced with permanent irrigation prior to issuance of a Zoning Clearance for the first building, unless drought - tolerant plants selected do not require irrigation. 18. Landform and grading design shall be consistent with the City of Moorpark grading standards in effect on September 7, 1994. 19. Manufactured landforms shall be contoured and use daylight grading techniques to provide a smooth and gradual transition of graded and natural slopes, while preserving the basic character of the site. 20. Planned structures, roadways, paths, vegetation, irrigation and continuing maintenance programs shall be used to stabilize manufactured slopes. 21. Suitable quantities of trees massed near the landform crest and shrubs of varying sizes on graded slopes shall be used to screen structures and to soften the visual appearance of the graded slope. 22. Grading shall emphasize scenic vistas to the open space areas. 23. Concrete drainage structures shall be tan colored concrete and, to the extent possible, shall incorporate natural structure and landscape to reduce their visibility. Landscaping 24. Prior to grading permit approval a complete landscape plan 2 sets), together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect, generally in accordance with the Specific Plan and the City of Moorpark Guide to Landscape Plans, and shall be submitted to the Director of Community Development for review and approval. All streetscape landscaping shall be completed within 90 days of completion of the related course street base. a. The landscape plan shall include planting and irrigation specifications for manufactured slopes over three (3) feet in height, and all common areas proposed to be maintained by the owners' association, maintenance W district, or similar entity. b. The purpose of the landscaping shall be to control erosion, prevent aesthetic impacts to adjacent property owners, mitigate the visual impacts of all manufactured slopes three (3) feet or more in height, and to replace mature trees lost as a result of construction. C. The subdivider shall bear the cost of the landscape plan review, installation of the landscaping and irrigation system, and of final landscape inspection. d. The landscaping shall be in place and receive final inspection prior to final inspection of the Grading Permit or prior to occupancy if the slope is within a residential lot. e. The final design of all sidewalks, barrier walls, streetscape elements, urban landscaping, and pedestrian paths within the project limits shall be consistent with the Specific Plan and are subject to approval of the Director of Community development. f. Backflow preventers, transformers, or other exposed utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and /or a wall. f' Backflow preventers shall be installed within ten (10) feet from the water meter or ash close as practical. It shall be a minimum of 12 inches above grade and not more than 36 inches measured from the bottom of the devise and with a minimum 12 inch side clearance. g. All landscaped pedestrian walkways shall be designed to provide an aesthetically pleasing streetscape appearance. All pedestrian walkway plans shall be subject to approval of the Director of Community Development. h. Landscaping at site entrances and exits and at any intersection within the development shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. i. Irrigation shall be provided for all permanent landscaping identified in the approved landscape plan unless drought tolerant plants do not require irrigation. The subdivider shall be responsible for maintaining the irrigation system and all landscaping until such time as a owners' association, maintenance district, or similar entity accepts the responsibility. j. Prior to Owners' Association, maintenance district's, or similar entity's acceptance of responsibility for the W /I landscaping, the subdivider shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the subdivision. k. The subdivider shall agree to provide the necessary maintenance easements to the City for those designated common landscape areas. 1. The subdivider shall maintain the right to protest the amount and spread of any proposed assessment in relation to the formation of a landscape maintenance assessment district, if and when created by the City. (The subdivider shall record a covenant to this effect). M. Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. n. The subdivider shall provide an irrevocable offer of dedication of easements adjacent to public and private roads for all slope areas adjacent to roadways that are proposed to be landscaped. o. The use of native and /or drought- tolerant shrubs and trees shall be utilized for landscaping purposes in order to stabilize graded slopes and encourage the return of some wildlife species displaced from the project site as a result of grading activities. P. Exotic plants which are known to spread beyond their original plantings and invade native habitats such as Pampus Grass, Spanish Broom, and Tamarisk shall not be used. q. Prior to recordation, the final parcel map shall indicate all landscape planting and maintenance easements. Said easement shall encompass all man -made slopes adjacent to said lots. Dedication of Park 25. Prior to recordation, the applicant at its sole cost and expense shall offer to dedicate the park land and natural preserve land to the City of Moorpark as shown on the Amended Specific Plan Exhibit No. 7. The applicant shall make improvements and shall provide maintenance as specified in the Specific Plan and Settlement Agreement. 40 Utility Agency Requirements 26. 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. 27. Prior to approval of a Final Map, an unconditional availability letter shall be obtained from the County Waterworks District No. 1 for sewer and water service for each lot. Said letter shall be filed with the Department of Community Development or, if said Unconditional Availability Letter in a form satisfactory to the City cannot be obtained from the County Waterworks District No. 1, the developer shall execute a Subdivision Sewer Agreement in a foim 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. 28. 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. 29. Prior to approval of a final map, the subdivider shall post sufficient surety bond to assure that all proposed utility lines within and immediately adjacent to the project site shall be placed 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 66 KVA or larger power lines. The subdivider shall indicate in writing how this condition will be satisfied. nt for Wildlife Guzzler 30. Based on the recommendation of a qualified biologist, the subdivider shall install a wildlife guzzler in the open space within the site for wildlife, as recommended by a qualified biologist in either Tract 4973 or Tract 4974. All plans for the guzzler shall be reviewed and approved by the City prior to issuance of grading permits. Fees, Contributions and Deposits 31. Prior to approval of the final map, the subdivider shall submit a deposit for condition compliance review. 41 32. Prior to approval of the final map, the subdivider shall pay all outstanding case processing, environmental documentation costs, and all City legal service fees and administrative costs. 33. As a condition of the issuance of a building permit for each residential, commercial or industrial use within the bound- aries of the Amended Specific Plan, Plaintiffs shall pay City a mitigation fee (the "Mitigation Fee "). The Mitigation Fee shall be Two Thousand Dollars ($2,000) per residential unit. The Mitigation Fee shall be Eleven Thousand Two Hundred Dollars ($11,200) per gross acre of the Sub - Regional /Commercial (SR /C) or Business Park (BP) lot on which the commercial or industrial use is located. Commencing on January 1, 1997, and annually thereafter, both categories of the Mitigation Fee shall be increased or decreased to reflect the change in the Highway Bid Price Index for the twelve (12) month period that is reported in the latest issue of the Engineering News Record that is available on December 31st of the preceding year ( "annual indexing "). but in no event shall either category of Mitigation Fee be decreased below the original dollar amount specified herein. Institutional uses shall pay on the same basis as commercial and industrial uses, except that institutional uses which are exempt from secured property taxes shall be exempt from the fee. (SA -7) 34. The Mitigation Fee for commercial and industrial uses is intended to result in a total payment to City of not less than $817,600 and is based upon the assumption that seventy -three (73) gross acres will be developed with SR /C and /or BP uses; to wit: $817,600 + 73 gross acres - $11,200 per gross acre. If, on the Adjustment Date, as hereinafter defined in this paragraph, more or less than 73 gross acres are subdivided into lots for SR /C and /or BP usage, the Mitigation Fee for commercial and industrial uses shall be adjusted from $11,200 per gross acre to an amount per gross acre that will result in the total payment of $817,600; provided, however, if the Adjustment Date occurs on or after January 1, 1997, said total payment amount shall be subject to the annual indexing, but in no event shall it be decreased below the original dollar amount specified herein. The acreage shall be determined from the Initial Map, as hereinafter defined in this paragraph, or the Subsequent Map, as hereinafter defined in this paragraph, which is in effect on the Adjustment Date. The Adjustment Date shall mean the date upon which the first building permit is issued for any commercial or industrial use within the boundaries of Tract Map 4785 or a subdivision map that is recorded in lieu of Tentative Tract Map 4785 (collectively the "Initial Map ") or the date upon which the first subdivision map containing an SR /C or BP lot of ten (10) acres or less is recorded over all, or a part of, the Initial Map 4785 (the "Subsequent Map "), whichever occurs first. The total amount 42 of $817,600, as may be increased by the annual indexing, shall be paid in full to City no later than the tenth (10th) anniversary of the issuance of the first building permit for any commercial or industrial use within the boundaries of the Initial Map or the tenth (10th) anniversary of the issuance of the first building permit for any commercial or industrial use within the boundaries of the Subsequent Map, whichever occurs first. (SA -7 &8) 35. The City of Moorpark, in their sole and unfettered discretion, may elect not to collect the Mitigation Fee. In the event of such election, Plaintiffs shall be responsible for all costs for traffic mitigation measures TC12, TC13 (cost of signal installation or modification at State Route 23 northbound ramps /Tierra Rejada Road only), TC14 (cost of signal installation or modification at State Route 23 southbound ramps /Tierra Rejada Road only) and TC17, as described in the SEIR. Prior to the issuance of the first building permit within the boundaries of the Amended Specific Plan, Plaintiffs shall make a written request of Defendants that they decide whether or not to make the election, and Defendants shall notify Plaintiffs of their decision within thirty (30) days after receipt of the request. (SA -8) The Mitigation Fee, if collected, may be expended by Defendants in their sole and unfettered discretion; provided, r'" however, payment of the Mitigation Fee represents payment in full of the "fair share" amounts required by traffic mitigation measures TC12, TC13 (cost of signal installation or modification at State Route 23 northbound ramps /Tierra Rejada Road only), TC14 (cost of signal installation or modification at State Route 23 southbound ramps /Tierra Rejada Road only) and TC17. (SA -8) Payment of the Mitigation Fee does not represent payment, in full or in part, of certain traffic mitigation measures described in the SEIR that will be installed by others but for which Plaintiffs are required'to pay "fair share" amounts to City. The "fair share" amounts shall be determined by the following percentages applied to the actual costs of said installations: TC7 (488), TC10 (348) and TC11 and TC13 (signal modification at Spring Road /Los Angeles Avenue only) (50 %). (SA -8) The remaining traffic mitigation measures described in the SEIR, to wit: TC1, TC2, TC3, TC4 (100% of the improvements rather than the 63% provided for in the SEIR), TCS, TC8, TC13 (signal at Science Drive /New Los Angeles Avenue only) and TC15 (signal at "A" Street / "B" Street only) shall be installed by Plaintiffs at their sole cost and expense, without off -set against the AOC Fee or the Mitigation Fee. The second Tierra Rejada westbound and eastbound lanes identified in the SEIR 43 have been constructed by City (the "Widening Project "). Plaintiffs shall have no financial obligation with respect to the Widening Project except as provided in this Agreement; provided, however, Conejo shall complete frontage improvements on the north side of Tierra Rejada Road adjacent to the property described in Exhibit B, including, but not limited to, approximately eight (8) feet of paving, striping, curb and gutter, sidewalk, drainage, parkway landscaping and signage, no later than the issuance of the first occupancy permit within the boundaries of the property described in Exhibit "1311. (SA -9) 36. Other fees are listed under the heading "City Engineer Department Conditions." CITY ENGINEERING CONDITIONS PRIOR-TO FINAL MAP AXUQM, THE yMILMIgG CoMpIlrION BE Ha . 37. All areas to be commonly maintained, as determined by the City, shall be designated as separate lettered lots on sub- division maps. 38. Recorded phased final maps of each Lot within the Master Tentative Tract Map(s) shall be permitted. Additional tentative tract subdivision maps of the Lots are to be filed subsequent to or concurrent with the Master Tentative Tract Maps.(SP -62) 39. The applicant shall submit to the City of Moorpark for review and approval, a rough grading plan, consistent with the approved tentative map, prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvements; and shall post sufficient surety guaranteeing completion. 40. Graded slopes, visible from off -site to the west shall be hydroseeded immediately upon completion consistent with the landscape concept plan. The city shall specify alternate deadlines for completion of all hydroseeding based on the grading schedule. (EIR 2 -5, T1) 41. Concurrent with submittal of the rough grading plan an erosion, debris/ siltation and dust control plan shall be sub- mitted to the City for review and approval by the City Engineer. Along with these control measures, hydroseeding and temporary irrigation shall be provided on all graded slopes within 30 days of completion of grading on those slopes. (EIR 2 -7, HY1) 44 !' 42. All on -site haul routes shall be approved by the City Engineer and clearly marked on the grading plan. All areas where grading is not allowed shall be clearly shown on the grading plans (all sheets). On site haul routes shall be limited to graded areas only and shall be discussed at the on -site pre - grading meeting. 43. All off -site import /export operations, requiring an excess of 12 total trucks loads, shall require Council approval prior to the issuance of a grading permit. 44. The applicant shall submit to the City of Moorpark for review and approval, detailed Soils and Geology Reports certified by a Registered Civil Engineer in the State of California. The geotechnical report shall include an investigation with regard to liquefaction, expansive soils, and seismic safety. In addition, the soils report shall discuss the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. Notes Review of the soils and geology report by the City's consultant may be required by the City Engineer. If so, the applicant shall reimburse the City for all costs including the City's administrative and overhead costs. 45. All recommendations included in the geotechnical and geology reports shall be implemented during project design, grading, and construction in accordance with the approved specific plan. The City Engineer shall review all plans for conformance with the geologist's and soils engineer's recommendations. 46. All requests for staged grading must be submitted in writing to the City Engineer for review and approval by the City Council. Development of Planning Areas D & I will require a combined grading plan. Planning Area C will be graded as one project. Planning Area A is also to be graded as one project, however, import of dirt from Area D prior to final grading is permitted. (SP -16) 47. The subdivider shall indicate in writing to the City the dis- position of any water well(s) or any other well that may exist within the project. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed per Ventura County Ordinance No. 2372 and per Division of Oil and Gas requirements. 48. The maximum gradient for any slope shall not exceed a 2:1 slope inclination except where special circumstances exist. 45 !' In the case of special circumstances where steeper slopes are warranted, plans will be reviewed by a certified soils engineer and their recommendations will be subject to the review and approval of the City Engineer and the Director of Community Development. (SP -12 2.d., EIR 2 -6 T6) New slopes adjacent to roadways and development areas shall be graded in such a way that a contoured appearance in the graded plane shall be provided. (SP -11 b.) Contour grading of all slopes shall be provided to the satisfaction of the Director of Community Development and the City Engineer. 49. No grading activities shall take place within at least 100 feet along the perimeter of blue line stream channels before giving proper notification to the California Department of Fish and Game, Ventura County Flood Control District and the U.S. Army Corps of Engineers. 50. All graded slopes shall be planted in a timely manner meeting the approval of the Director of Community Development with groundcover, trees and shrubs that will stabilize slopes and minimize erosion. Interim borrow sites are to be hydroseeded within 30 days of completion of grading, shall include temporary irrigation until established and shall minimize rectilinear form when possible. (EIR 2 -6 T9) Temporary irrigation, hydroseeding and erosion control measures shall be implemented on all temporary grading. Temporary grading is defined to be any grading partially completed and any disturbance of existing natural conditions due to construction activity. These measures will apply to temporary grading activity that remains or is anticipated to remain unfinished or undisturbed in its altered condition for a period of time greater than sixty days or the beginning of the rainy season whichever comes first. 51. All development areas and lots shall be designed so that surface drainage is directed to street frontages or natural or improved drainage courses as approved by the City Engineer. (EIR 2 -6, T10, SP- 12.h.) 52. Manufactured slopes which are greater than ten (10) feet in height shall be rounded at the top and at the toe of slope to simulate natural topography. At the discretion of the Director of Community Development., side slopes may be exempt from this provision if the height of slope does not exceed 15 percent of the width of the lot and has a slope height slope of less than ten (10) feet. (SP- 12.k.) 53. Grading on the perimeter of the site shall not be designed with perimeter downslopes to property lines unless a homeowners, association, slope maintenance district, or all I,-, similar entity is established for maintenance of such downslopes. (SP- 12.1.) 54. Interior slopes between manufactured building pads shall be designed with up -slope property lines. (SP- 13.m.) 55. To further reduce direct and indirect impacts to the Orcutt grass and seasonal pool, no development (with the exception of drainage control features) shall occur within 100 feet of the upper limits of the seasonal pool. (EIR 2 -9, B1) 56. To reduce the impacts to the cactus wren, the applicant shall offset the loss of the cactus phase of the coastal sage scrub on the site. (As shown in the Environmental Impact Report, Figure 22, dated 10- 12 -94) All areas of impact to the coastal sage scrub shall be delineated on the grading plan. All areas in which revegatation efforts will occur shall also be identified and provisions to protect the revegatation area shall be included within the grading plan as approved by the Director of Community Development. (EIR 2 -9, B2) 57. when water is present in the seasonal pool, it shall not be artificially drained or otherwise subjected to disturbance. Biological methods for mosquito control shall be utilized, including introduction of mosquitofish or the use of Bacillus thuringiensis /israelensis (Bt), a commercially - available biological control which is specific for mosquito larvae. (EIR 2 -9, B3) 58. Prior to the issuance of grading permits, the tree survey and mitigation program shall be reviewed and approved by the Director of Community Development. Preservation, transplanting and planting of oak. trees or other significant trees and /or plants shall be considered. The grading plans shall be prepared, utilizing the above in- formation, and shall depict the methods used during grading operations which minimizes, to the extent possible, impacts or disruptions to said trees. When it is determined which trees will be preserved, the following guidelines shall apply. (SP -28.5) a. Design i. Grading and /or the placement of structures shall be prohibited within the dripline or three feet from the trunks of the tree, whichever is greater. Grading and trenching within this area is to be prohibited. No fill material shall be placed 47 within this area. ii. No type of surface, either pervious or impervious, shall be placed within a six -foot radius of tree trunks. These areas shall remain uncovered and natural. iii. Alternative pervious types of paving such as gravel, redwood chips, porous brick with sand joints, etc. shall be utilized. iv. Retaining walls shall be used to protect existing grades within the driplines of trees. However, these walls shall not alter drainage from around trees. V. Drainage shall be directed away from tree trunks to ensure that water will not stand at'the crown. To avoid drowning trees, water shall not be allowed to pond or collect within the dripline. b. During Construction i. Trees within a construction area shall be protected from damage by equipment by installing temporary barriers such as fencing at the dripline. s- ii. Equipment, debris, building materials and /or excess soil shall not be stored within the dripline. iii. Trenches for utilities or irrigation shall be routed around the dripline where possible. iv. When not restricted by local building codes only one trench shall be dug to accommodate all utilities for lots. Where necessary, the roots shall be carefully pruned by a specialist in proportion to the total amount of root zone lost. The boring of a conduit for underground utilities shall be used where possible. V. The operation of heavy construction equipment shall avoid the driplines of trees where possible. 59. with respect to the screening requirements found in the Specific plan the following standards shall apply to all development except for single family detached subdivisions, which shall be exempt from these screening requirements: (SP- 50.1) a. Graded berms which are constructed to act as a screen, as required by the Specific Plan, shall be M installed along all parking areas abutting any street. Except as otherwise provided below, the screening (berms or walls) shall have a maximum height of three and one -half (3 -1/2) feet. b. Where the finished elevation of the property is lower than an abutting property or street, appro- priate landscape screening shall be employed to screen structures /parking areas. C. A screen as referred to above shall consist of one or any combination of the following: 1) Walls, including retaining walls: A wall shall consist of stone, tile or similar type of solid masonry material a minimum of eight (8) inches thick. 2) Berms: A berm shall be constructed of earthen materials and it shall be landscaped. A berm shall be a minimum of three (3) feet high. 60. So as to reduce debris from entering sidewalk and streets, the approved grading plan shall show a slough wall, approximately 18 inches high, with curb outlet drainage to be constructed behind the back of the sidewalk where slopes exceeding 4 feet in height are adjacent to sidewalk. The developer shall use the City's standard wall detail during design and construction. All material for the construction of the wall shall be approved by the City Engineer and Director of Community Development. STORM RUN -OFF 61. The storm drain system will be designed to accommodate 100 - year storm flows. (SP -13) 62. The applicant shall submit to the City of Moorpark for review and approval, drainage plans, hydrologic and hydraulic calculations prepared by a California Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. The plans shall depict all on -site and off -site drainage structures required by the City. (EIR 2 -7, HY2) The drainage plans and calculations shall indicate the following conditions before and after development: 49 h. Drainage to adjacent parcels shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows shall be provided by the subdivider; i. All drainage grates shall be designed and constructed with provisions to provide adequate bicycle safety to the satisfaction of the City Engineer; j. If the land to be occupied is in an area of special flood hazard, the subdivider shall notify all potential buyers in writing of this hazard condition. The grading plan shall also show contours indicating the 50, 100 & 500 year flood levels. k. All flows from brow ditches, ribbon gutters and similar devices shall be deposited into the storm drain system prior to entering streets. If necessary, the storm drain shall be extended beyond the public right -of -way through easements to eliminate surface flow between parcels. Both storm drain and easements outside the right -of -way are to be maintained by the Property - Owners' Association or as required by the City Engineer; 50 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 100 -year frequency storm; (SP -13) C. All catch basins shall carry a 100 -year storm; (SP -13) d. All catch basins in a sump condition shall be sized such that depth of water at intake shall equal the depth of the approach flows; e. All culverts shall carry a 100 -year frequency storm; f. Drainage facilities shall be provided such that surface flows are intercepted and contained prior to entering collector or secondary roadways; g. Under a 50 -year frequency storm, all streets shall be provided with -a minimum of one travel lane in each direction with a goal that local, residential and private streets shall have one dry travel lane available in each direction; h. Drainage to adjacent parcels shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows shall be provided by the subdivider; i. All drainage grates shall be designed and constructed with provisions to provide adequate bicycle safety to the satisfaction of the City Engineer; j. If the land to be occupied is in an area of special flood hazard, the subdivider shall notify all potential buyers in writing of this hazard condition. The grading plan shall also show contours indicating the 50, 100 & 500 year flood levels. k. All flows from brow ditches, ribbon gutters and similar devices shall be deposited into the storm drain system prior to entering streets. If necessary, the storm drain shall be extended beyond the public right -of -way through easements to eliminate surface flow between parcels. Both storm drain and easements outside the right -of -way are to be maintained by the Property - Owners' Association or as required by the City Engineer; 50 Concrete drainage structures shall be tan colored concrete, as approved by the Director of Community Development, and to the extent possible shall incorporate natural structure and landscape to reduce their visibility. (EIR 2 -6, T12, SP- 12.j.) M. Drainage for the development shall be designed and installed with all necessary appurtenances to safely contain and convey storm flows to their final point of discharge, subject to review and approval of the City Engineer. This hydraulic /hydrology study shall analyze the hydraulic capacity of the Arroyo Simi with and without the storm drain system for the proposed development. The applicant shall be responsible for obtaining Ventura County Flood Control District approval of the analysis of this system, as it relates to the downstream capacity, and shall make any downstream improvements, required by Ventura County Flood Control, to support the proposed development of Tract 4973. 63. The applicant shall demonstrate for each building pad, to the satisfaction of the City Engineer, as follows: a. Adequate protection from a 100 -year frequency storm; and b. Feasible access during a 50 -year frequency storm. C. Hydrology calculations shall be per current Ventura County Standards. 64. City Ordinance No. 100 and the Federal Emergency Management Agency (FEMA), require updating of the National Flood Insurance Program maps for affected areas whenever any alteration of the watercourse is made. If a FIRM map revision is necessary, all materials required by FEMA for a map revision shall be provided to the City Engineer's office. This material will demonstrate the new 50, 100, and 500 year flood plain locations following development. This information will be forwarded by the City Engineer to the FEMA for review and updating of the National Flood Insurance Program maps. A conditional letter of map revision (if required by FEMA) shall be provided to the City prior to zone clearance. The applicant will be responsible for all costs charged by the FEMA and the City's administrative costs. 65. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. (EIR 2 -8, HY6) 51 66. The applicant shall provide for all necessary on -site and off - site storm drain facilities required by the City to accommodate upstream and on -site flows. Facilities, as conceptually approved in the Specific Plan and approved by the City, shall be delineated on the final drainage plans. Either on -site retention basins or storm water acceptance deeds from off -site property owners must be specified. These facilities must also be acceptable to the Ventura County Public Works Agency. (EIR 2 -7, HY3) 67. Any lot to lot drainage easements and secondary drainage easements shall be delineated on the final map. Assurance in the form of an agreement shall be provided to the City that these easements will be adequately maintained by property owners to safely convey storm water flows. The CC &R's shall be submitted for review and approval and shall include provisions for the Homeowner's Association or maintenance district to maintain any private storm drainage systems. STREET IMPROVEMENTS 68. The applicant shall submit to the City of Moorpark for review and approval, street improvement plans prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvements; and shall post sufficient surety guaranteeing the construction of the improvements. The street improvements shall include concrete curb and gutter, sidewalk, median(s), street lights, traffic signals, striping and signing, traffic control, paving, and any necessary transitions to the satisfaction of the City Engi- neer. All driveway locations shall be approved by the City Engineer and the Director of Community Development. The subdivider shall dedicate the necessary right -of -way to make all of the required improvements„ The applicable Ventura County Road Standard Plates are as follows and have been modified to conform to the cross sections shown on Exhibit 9 of the Carlsberg Specific Plan dated 9 -7 -94 or as otherwise provided in the Settlement Agreement of the same date. (In the case of any conflicts, the Settlement Agreement shall take precedence over the design and timing for construction of all improvements and or payments for improvements.) Spring Road 69. Spring Road, south of Peach Hill. Road shall, be per Ventura County Standard Plate B -2B with a modified 94 foot right -of- way per cross section "A" of Exhibit 9 of the Carlsberg Specific Plan (revised 9- 7 -94). South of Peach Hill Road the sidewalk will be built within the thirty -two (32) foot landscaped parkway at a location determined by the City as shown on the approved landscape ,plans. (SP -25 4.c) 70. Prior to the issuance of the first zone clearance for occupancy for Areas A, C, D or I, the 94 foot right -of -way for Spring Road adjacent to the Conejo Freeway Properties, Ltd's west property boundary extending from APN 500 -0- 350 -36 to Tierra Rejada Road will be dedicated to the City. Prior to the issuance of the zone clearance for occupancy of the 55th residential unit in Area D, Spring Road improvements south of Peach Hill Road to Tierra Rejada Road will be completed. (SP- 16 3.b. par. 3) Science Drive 71. Science Drive south of Peach Hill Road shall be per Ventura County Standard Plate B -2A with a modified 104 foot right -of- way per cross section "B -1" of Exhibit 9 of the Carlsberg Specific Plan (revised 9- 7 -94). Science Drive, from 600 feet South of Los Angeles Avenue to Tierra Rejada Road, will feature enhanced twenty (20) foot landscape parkways, including eight (B) foot sidewalks located on the east and west sides within the one hundred four (104) foot extended right -of -way. 72. Science Drive, including Peach Hill intersection, is to be constructed from Peach Hill Road to Tierra Rejada Road prior to issuance of the first zone clearance for occupancy for residential units in either Planning Areas A, C or D (TC3). North leg intersection improvements at Science Drive and Tierra Rejada Road shall be required at this time as well (TC4). The developer is to fully construct the Science Drive /Peach Hill Road Intersection and provide northbound left -turn lane, northbound through lane, southbound through lane, southbound right -turn lane, eastbound left -turn lane, and eastbound right -turn lane. (EIR 2 -11, TC3) 73. Signalization Improvements, if determined necessary at the time of subdivision (warrant study), at Peach Hill Road shall be completed prior to the issuance of zone clearance for occupancy of the 227th residential unit in Planning Area B or issuance of the zone clearance for occupancy on the 37th acre of SR /C /BP Area. The City may elect to defer the need for intersection signalization at the Science Drive /Peach Hill Road intersection by having the developer, at the developer's sole 53 cost and expense, conduct a warrant study prior to the issuance of zone clearance for occupancy of the 227th and 552nd residential unit within the Amended Specific Plan Area. Should there be no warrant for signal installation by the time a zone clearance for occupancy on the 227th and 552nd (or last residential unit) within the Specific Plan Area, then the City may elect to release the developer from their obligation to construct this signal. 74. Left turn storage lanes are required at all intersections along Science Drive as shown on the specific plan. No other median breaks are allowed unless approved by the City Engineer. 75. The developer is to fully construct the north leg of intersection of Science Drive /Tierra Rejada Road and provide westbound right -turn lane, eastbound left -turn lane, southbound left -turn lane, and southbound right -turn lane (project share 100 percent) (EIR 2 -11, TC4, SA- pg. 9 par. 1) . Tierra Rejada Road 76. Tierra Rejada Road adjacent to Tract 4974 shall be per Ventura County Standard Plate B -2B with a modified 94 foot right -of- way per cross section "F" of Exhibit 9 of the Carlsberg Specific Plan (revised 9- 7 -94). Tierra Rejada Road street improvements including westbound right -turn lane at the Science Drive and Spring Road intersections and northside improvements shall also include, but not be limited to, approximately eight (8) feet of additional paving, striping, curb and gutter, sidewalk, drainage, parkway landscaping and signage. (SA -9, par. 1) These north side improvements, east of the Spring Road intersection, shall be constructed prior to issuance of the first zone clearance for occupancy for residential units in Areas A, C or D. (TC4, SA -9 par. 1) Other: 77. Traffic signals at the following intersections shall be either installed or modified; Spring Road /Tierra Rejada Road, Moorpark Road /Tierra Rejada Road and Science Drive /Tierra Rejada Road shall be installed or modified prior to the issuance of the first zone clearance for occupancy within the Conejo Freeway Properties ownership (Planning Areas A, C, D and I (TC13., TC14., TC15. and TC16). 78. Developer shall contribute their fair share to the construc- tion of the Moorpark Road /Tierra Road intersection, to the extent that the following improvements exceed the AOC widening of Tierra Rejada Road; cost to add second westbound left -turn 54 lane, second northbound right -turn lane, eastbound right- turn lane, and provide northbound right -turn overlap with the westbound left -turn overlap as part of signal installation (project share is 488). 79. The applicant shall include a bus stop or stops in the final street improvement plans and provide for their construction, near Science Drive along New Los Angeles Avenue, to service the commercial areas of the project. (EIR 2 -16, A8) The final location of the bus route and facilities shall be approved by the Director of Community Development. 80. The developer shall adhere to Business and Professions Code 8771 which requires that all monuments be located and tied out prior to any construction or relocation of a street. The surveyor shall certify on the proposed street improvement plans that all recorded monuments in the construction area have been located and either protected in place or replaced pursuant to State Assembly Bill 1.414. 81. Street lights shall be provided per Ventura County Standards and as approved by the City Engineer. 82. The subdivider shall provide slope easements for road main- ! tenance purposes only along all roads where the top of cut plus 5 feet or the toe of fill plus 5 feet is beyond the dedi- cated right of way. Said slope easements shall include the area covered by the cut slope plus 5 feet and fill slope plus 5 feet. Trail Easements and Improvements 83. The final map shall indicate the location of all trail easements. The minimum widths of said easements shall be 12 feet. The trail easements shall be offered for dedication to the City of Moorpark. Prior to recordation, the subdivider shall bond for construction of the proposed trails at 150% of the estimated cost of the improvements. Once the trails have been built, the owners, association, maintenance district, or similar entity shall be responsible for maintaining the trails. Trails shall be approved by the City Council and shown on the final map prior to recordation. The developer shall enter into an agreement with the City to assure the maintenance responsibilities are conferred to the owners, association, maintenance district or other entities as described within this condition. 55 84. The developer shall submit a conceptual trails plan concurrent with the grading plan for Tract 4973. The plan shall provide for all trails to be completed upon completion of the neighborhood park area. 85. The developer shall provide that the site /grading and im- provement plans assure pedestrian and bikeway access between all ,bus stops and bicycle paths, respectively; and adequate on -site development of such. (EIR 2 -16, A9) 86. State Route 23 northbound ramps /Tierra Rejada Road: Applicant to pay fair share of the costs (potentially through Proposi- tion 111, Congestion Management Program) to convert the shared northbound left -turn lane /northbound right -turn lane to north- bound right -turn lane, and to add second northbound left -turn lane and second northbound right -turn lane. Note: These im- provements are required to mitigate "no- project" as well as "with- project" conditions. Payment of the Mitigation fee as described in the Settlement Agreement shall represent payment of the applicants "fair share ".(EIR 2 -13, TC12, SP -18 par. 1) 87. The developer shall improve the Science Drive /Los Angeles Avenue intersection to provide the intersection with a minimum Level Of Service (LOS) of C. An addendum to the existing traffic study shall analyze the proposed improvements and indicate the Level Of Service that the modified improvements r will be provide. As part of the traffic study the developer shall also provide an estimate itemizing the cost of all improvements not covered by the AOC or Mitigation fees which the developer is responsible for paying on a "Fair Share" basis. 88. Applicant to pay fair share of the costs for the signal recon- structions at Spring Road /Tierra Rejada Road, (Payment of the AOC fee shall represent payment "in full" of the applicants fair share amount for this intersection (SA -7 par. 2). 89. Applicant to pay fair share of the costs to improve State Route 23 northbound and southbound ramps /Tierra Rejada Road (Payment of the Mitigation fee as described in the Settlement Agreement shall represent payment of the applicants "fair share" (EIR 2 -13 TC12, SA -8, SP -1.8 par. 1) 90. Applicant to pay fair share of the costs for the signal installations at Moorpark Road /Tierra Rejada Road (Payment of the AOC fee shall represent payment "in full" of the applicants fair share amount for this intersection (SA -7 par. 2, EIR 2 -13 TC14) 56 91. Applicant to fully install the signals at Science Drive /Tierra Rejada Road (Payment of the AOC fee shall represent payment "in full" of the applicants fair share amount for this intersection. (SA -7 par. 2. EIR 2 -13, TC15) 92. The project developer shall contribute a fair share to improvements to County roadways or related facilities (cost of signal installation or modification at State Route 23 south- bound ramp /Tierra Rejada Road only) if a reciprocal agreement between the County of Ventura and the City of Moorpark addressing said matter is approved. (Payment of the Mitigation fee as described in the Settlement Agreement shall represent payment of the applicants "fair share"). (SP-18, TC -141 TC -17) 93. Prior to the issuance of a building permit for each residen- tial, commercial or industrial use within the boundaries of the Amended Specific Plan, applicant shall pay City the Tierra Rejada /Spring Road Area of Contribution Fee (the "AOC Fee "). The AOC Fee shall be the dollar amount in effect at the time of the payment of the fee. Institutional uses shall pay on the same basis as commercial and industrial uses, except that institutional uses which are exempt from secured property taxes shall be exempt from the fee. (SA -6) Payment of the AOC Fee shall represent payment in full of the "fair share" amounts required by traffic mitigation measures TC61 TC91 TC13 (cost of signal installation or modification at Spring Road /Tierra Rejada Road only), TC14 and TC16 (cost of signal installation at Moorpark Road /Tierra Rejada Road only) and TC15 (cost of signal installation at "A" Street /Tierra Rejada Road only), as described in the SEIR. (SA -6 &7) If previous payment of this contribution can be demonstrated, to the City's satisfaction upon concurrence of the City Manager, the applicant would not have to pay the Area of Contribution fee. 94. Where roads are to be built requiring 4 or more inches of pavement, subdivider shall construct the required street sec- tion minus 1 -1/2 inches of paving as an interim condition until all utility cuts or trenching is completed and the City Engineer grants approval to accomplish this task. The final 1 -1/2 inches cap of asphalt shall be placed after all necessary trenching is completed„ In areas of longitudinal trenching, paving fabric shall be used to prevent reflective cracking. 95. Any right -of -way acquisition necessary to complete the required improvements will be acquired by the subdivider at his expense. 57 96. Publicly dedicated streets shall conform to the design requirements of the Ventura County Road Standards (most recent revision) except as provided in the Specific Plan and as follows. a. Sidewalks to be a minimum of five feet wide at all points. b. Parkways shall maintain a minimum crossfall of 2% toward the street for a minimum distance of 10 feet from the curb face. 97. The applicant shall submit wall and landscaping plans and a copy of the CC &R's showing that provisions have been taken to provide for and maintain proper sight distances. 98. Special intersection treatment designs involving variations in paving material, where major pedestrian 'and vehicular circulation elements intersect, shall be approved by the Director of Public Works and Director of Community Develop- ment. (SP -24 4. par. 3) 99. Lighting in areas adjacent to the natural open space portions of the site shall be fully hooded and shielded to prevent illumination of sensitive habitats. (EIR 2 -10, B5) 100. The subdivider shall post sufficient surety guaranteeing completion of all improvements which revert to the City (i.e., grading, street improvement, signalization, storm drain improvements, sewer improvements, landscaping, parks, fencing, bridges, etc.) or which require .removal (i.e., model homes, temporary debris basin, etc.) in a form acceptable to the City. The subdivision surety agreement shall also include provisions for all off -site improvements along the entire frontage of Tract 4973 and other offsite improvements which require mitigation as described herein. 101. The applicant shall demonstrate legal access to all parcels to the satisfaction of the City Engineer. 102. The subdivider shall pay all energy costs associated with street lighting for a period of one year from the acceptance of the street improvements. UTILITIES 103. Utilities, facilities and services for the Carlsberg Specific Plan Area will be extended and /or constructed in conjunction with its phased development by the master developer as the project proceeds. M a. Water & Sewer The developer will be responsible for the construction of all onsite and offsite sanitary sewer facilities to serve the project. The developer shall enter into an agreement with V.C.W.W. Dist. No. 1 to construct the improvements and the system will be dedicated to water works District No. 1 for maintenance. (SP -14) b. Prior to recordation of a final map, the City, Calleguas Municipal Water District and Water District No. 1 shall approve final plans for water distribution. Either the subdivider shall construct the required distribution facilities or enter into an agreement with the Calleguas Municipal Water District and /or County Waterworks District No. 1 stating when and how facilities will be funded and constructed. The system will be designed and constructed to meet the requirements of the proposed land uses and applicable City, Calleguas and V.C.W.W. District No. 1 standards. (SP -13) C. Other Utilities: Provisions for electrical, natural gas, telephone and solid waste collection services and cable television to the Carlsberg Specific Plan Project Area will be made r- prior to development of the project area. All services can be extended by each respective company to meet future demands of the Carlsberg Specific Plan Project Area. Natural gas service will be provided by Southern California Gas. Electric service will be provided by Southern California Edison. Telephone service will be provided by Pacific Bell. Solid waste collection will be provided by private companies as regulated by the City. These services will be phased in conjunction with development of the project area. (SP -14) o71r. , 104. If any of the improvements which the applicant is required to construct or install is to be constructed or installed upon land in which the applicant does not have title or interest sufficient for such purposes, the applicant shall do all of the following at least 60 days prior to the filing of the final or parcel map for approval pursuant to Governmental Code Section 66457. a. Notify the City of Moorpark (hereinafter "City ") in writing that the applicant wishes the City to acquire an interest in the land which is sufficient for the purposes as provided in Governmental Code Section 66462.5. 59 b. Supply the City with (i) a legal description of the interest to be acquired, (ii) a map or diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of Section 1250.310 of the Code of Civil procedure, (iii) a current appraisal report prepared by an appraiser approved by the City which expresses an opinion as to the fair market value of the interest to be acquired, and (iv) a current Litigation Guarantee Report. C. Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the applicant will pay all of the City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. 105. As an option in place of the Surety Performance Bond re- quirements, the applicant or his successors will be allowed to record the Final Map if the applicant or his successors agrees to have a subordinate lien to the benefit of the City placed on the subject property. 106. Subdivider shall pay all County fees related to Computer -aided Mapping System (CAMS). {^ IN CONJUNCTION WITH APPROVAL OF FINAL MAP THE FOLLOWING CONDITIONS SHALL BE SATISFIED• 107. The subdivider shall offer to dedicate to the City of Moorpark public service easements as required by the City. 108. The subdivider shall offer to dedicate access easements to the City of Moorpark over all private streets to provide access for all governmental agencies providing public safety,health and welfare. 109. The subdivider shall offer to dedicate to the City of Moor- park, public use, all right -of -way for public streets. 110. The subdivider shall dedicate to the City of Moorpark the ac- cess rights adjacent to Los Angeles Avenue, Spring Road, Tierra Rejada Road and Science Drive except for approved ac- cess locations. 111. That prior to submittal of the Final Map, the subdivider shall transmit by certified mail a copy of the conditionally approved Tentative Map together with a copy of Section 66436 of the State Subdivision Map Act to each public entity or public utility that is an easement holder of record. Written compliance shall be submitted to the City of Moorpark. M. - 112. The subdivider 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 an assessment district or other financing technique including, but not limited to, street and sewer improvements necessitated by this project and other projects within the assessment district, as approved by the City Engineer. The subdivider shall retain the right to protest the amount and the spread of any proposed assessment. 113. Sufficient surety, as specified by the City Engineer, guar- anteeing all public improvements shall be provided. The sureties shall remain in place for one year following accep- tance of the public improvements by the City. DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLYs 114. Grading may occur during the rainy season froA October 15 to April 15 if approved by the City of Moorpark and subject to installation of debris and erosion control facilities. Erosion control measures shall be in place and functional between October 15th and April 15th. Along with the erosion control measures, hydroseeding of all graded slopes shall be required within 30 days of completion of grading. (EIR 2 -81 HY3 & 4) 115. That prior to any work being conducted within the State, County, or City right of way, the subdivider shall obtain all necessary encroachment permits from the appropriate Agencies. 116. Work conducted during the school year shall be coordinated with the Moorpark Unified School District and The City Engineer. 117. All trucks importing or exporting fill to or from the Tract shall use tarpaulins to cover the load and shall operate between the hours of 9 a.m. to 5 p.m. on weekdays only. As an option the haul material may be watered in lieu of covering. (If approved by the City Engineer) 118. All unimproved areas with vehicle traffic shall be watered periodically and the vehicle speed shall be limited to 15 mph. 119. During site preparation and construction, minimize disturbance of natural groundcover on the project site until such activity is required for grading and construction purposes. 120. During clearing, grading, earth moving or excavation opera- tions, dust emissions should be controlled by regular watering (If feasible water from the Arroyo shall be used), paving con- struction roads and other dust prevention measures. The ^ applicant shall submit a dust control plan, acceptable to the M city, concurrently with submittal of the mass (as opposed to the precise) grading plan. This plan shall include, but is not be limited to the following measures: (EIR 2 -14, A -1) a. Water all site access roads and material excavated or graded on- or off -site to prevent excessive amounts of dust. Watering shall occur at least two times daily, preferably in the late morning and after the completion of work for the day. b. Cease all clearing, grading, earth moving, or excavation operations during periods of high winds (15 mph or greater in one hour). The contractor shall maintain contact with the APCD meteorologist for current informa- tion about average wind speeds. C. Water or securely cover all material transported off -site and on -site to prevent excessive amounts'of dust. d. Minimize the area disturbed at any one time by clearing, grading, earth moving and excavation so as to prevent excessive amounts of dust. e. Keep all grading and construction equipment on or near the site, until these activities are completed. f. Wash off heavy -duty construction vehicles before they leave the site. g. When appropriate, seed exposed surfaces with a fast - growing, soil - binding plant to reduce wind erosion and its contribution to local particulate levels. h. Observe a 15 mile per hour speed limit for the con- struction area. i. Periodically sweep public streets in the vicinity of the site to remove silt (i.e., fine earth material transported from the site by wind, vehicular activities, water runoff, etc.) which may have accumulated from construction activities. (EIR 2 -14, Al) 121. The developer shall request that all employees involved in grading operations on the project wear face masks during dry periods. (EIR 2 -15, A3) 122. Maintain equipment engines in good condition and in proper tune as per manufacturers' specifications to prevent excessive emissions. (EIR 2 -16, A4) 123. All diesel engines used in construction equipments should use high pressure injectors. (EIR 2 -16, A5) 62 124. All diesel engines used in construction equipments should use reformulated diesel fuel. (EIR 2 -16, A6) 125. During smog season .(May- October) the city shall order that construction cease during Stage III alerts to minimize the number of vehicles and equipment operating, lower ozone levels and protect equipment operators from excessive smog levels. The city, at its discretion, may also limit construction during Stage II alerts. (EIR 2 -16, A2) 126. During site preparation and construction, construct temporary storm water diversion structures per City of Moorpark standards. 127. Construction activities should be limited to weekdays and Saturdays from 7:00 A.M. to 7:00 P.M. No construction activities should occur on Sundays. (EIR 2 -19, N1) 128. Truck noise from hauling operations shall be minimized through establishing hauling routes which avoid residential areas. The hauling plan must be identified on the grading plan and approved by the City Engineer. (EIR 2 -19, N2) 129. The developer shall provide staging areas on -site to minimize off -site transportation of heavy construction equipment. Locate these areas to maximize the distance between activity and residential areas. (EIR 2 -19, N3) 130. The developer shall ensure that construction equipment is fitted with modern sound - reduction equipment. (EIR 2 -19, N4) 131. 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 Con- struction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 132. The subdivider shall utilize all prudent and reasonable measures (including a 6 foot high chain link fence around the construction sites of buildings and structures, or as determined by the City Engineer) to prevent unauthorized per- sons from entering the work site at any time and to protect the public from accidents and injury or provide on -site security personnel. 63 te- 133. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 134. 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. 135. A copy of the recorded Map(s) shall be forwarded to the City Engineer for filing. 136. Sufficient surety in a form acceptable to the City guaran- teeing the public improvements pertinent to each phase shall be provided. All surety guaranteeing the public improvements shall remain in place for one year following acceptance by the City. Any surety bonds that are in effect three years after final map approval or issuance of the first building permit shall be increased an amount equal to of greater than the consumers price index (Los Angeles /Long Beach SMSA) for a period since original issuance of the surety and shall be increased in like manner each year thereafter. 137. A drainage swale shall be constructed behind the existing slough wall located on the south side of Peach Hill Road. The swale shall empty into an drainage device as approved by The City Engineer. 138. Original "as built" plans will be certified by the applicant's civil engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 3611, they must be resubmitted as "as builts" in. series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as builts" plans is required before a final inspection will be scheduled. required before a final inspection will be scheduled. FIRE DEPARTMENT CONDITIONS 139. Prior to combustible construction, all weather access road /driveway, suitable for use by a 20 ton Fire District vehicle shall be installed. This improvement, or provisions to guarantee its installation, shall be completed prior to recordation. 64 f 140. All driveways shall have a minimum vertical clearance of 13 feet 6 inches (131611). 141. Approved turnaround areas or easements for fire apparatus shall be provided where the access road is 150 feet or farther from the main thoroughfare. 142. Two (2) means of ingress /egress shall be provided to the development in accordance with Fire District Private Road Guidelines. 143. The access road shall be of sufficient width to allow for a 40 foot turning radius at all sharp turns in the road. 144. The private road(g) shall be named if serving more than two (2) parcels or is longer than 299 feet. Prior to recordation of street names, proposed names shall be submitted to the Fire District's Communications Center for review. 145. Street name signs shall be installed in conjunction with the road improvements. The type of sign shall be in accordance with Plate F -4 of the Ventura County Road Standards. 146. Prior to recordation, the applicant shall provide the Fire District verification from the water purveyor that the purveyor can provide the required fire flow for the project. 147. Applicant shall obtain VCFD Form No. 126 "Requirements For Construction" prior to obtaining a building permit for any new structures or additions to existing structures. 148. Phase One of either TT4973 of 4974 shall complete Science Drive from Los Angeles Avenue to Peach Hill Road prior to combustible construction. 149. All water mains and applicable hydrants shall be installed prior to combustible construction. Fire Flow requirements shall be calculated for each project individually. 150. Connection of the two tracts shall require completion of Science Drive to Tierra Rejada or the completion of Peach Hill. 151. A fuel modification zone shall be maintained 100 feet wide. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 GENERAL REQUIREMENT: 152. The developer shall enter into an agreement for the construction all water and sewer facilities, both on -site and off -site, required for this development. The applicant shall 65 I T comply with the District's "Rules and Regulations" and pay all applicable fees. 153. The applicant shall reserve an area, within the open space, for construction of water storage reservoirs. This area shall be transferred to Ventura County Water Works District No. 1 by separate deed. The action of the foregoing direction was approved by the following roll vote: AYES: Commisssioner's Torres, Martens, May, Miller, Acosta NOES: PASSES, APPROVED, AND ADOPTED $0 DAY OF OCTOBER, 1995. John Torres Tanning Commission Chairman ATTEST: / Celia La Fleur Secretary M